Habitua
Patient Terms and Conditions for Services and Website Use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE. USING THE WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR MAKE AND APPOINTMENT. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE CONTENT IS PROVIDED SOLELY FOR YOUR INFORMATION. THE CONTENT DOES NOT PROVIDE YOU WITH ANY ADVICE OR RECOMMENDATION OF ANY KIND AND MUST NEVER BE USED AS A SUBSTITUTE FOR ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONALS.
- Definitions
Any words with a capital letter are defined terms and the definitions are listed in Schedule 1.
- Information about Habitua
We are Habitua, a trading style of Habitua Limited, a company registered in England and Wales. Our company registration number is 12304466 and our registered office is Unit 4 Stirling Court Yard, Stirling Way, Borehamwood, Herts, United Kingdom, WD6 2FX.
- Our contract with you
By using and/or registering to use the Website, you confirm that you accept all of the terms and conditions contained in these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the Website or request an Appointment
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.
We recommend that you store or print-off a copy of these Terms and Conditions for your records.
These Terms and Conditions, along with the Confirmation Email form part of this contract.
Our acceptance of your booking will take place once you have received your Confirmation Email, at which point a contract will come into existence between you and us for the provision of the Services and you will be bound by these Terms and Conditions.
Our Service aims to build a team of Lifestyle Professionals to support your journey towards health and wellbeing. At your Initial Appointment, we will carry out a general patient assessment to facilitate our development of a suitable and personalised Plan for you. To aid our general patient assessment, we will review your blood test results. If you have received blood test results through your GP or other clinical means within the 3 months prior to the date of your Initial Appointment, please notify our Appointments Team via email at [email protected] and we will review the blood test results you provide to us. If you are unable to provide us with recent blood test results or the tests were limited, you will need to purchase blood tests prior to the Initial Appointment. Price lists in relation to the Initial Appointment and the blood tests are available on our website and will be confirmed in the Confirmation E-mail. The cost of the blood tests (if required) will be in addition to the cost of the Initial Appointment.
After your Initial Appointment, we will create a Plan for you, including recommendations for Additional Services which we believe will compliment your Plan. The cost of any Additional Services is separate to the cost of the Initial Appointment.
Our Service may be limited if you reside outside of the UK. The Initial Appointment will take place virtually, however, any Additional Services beyond the Initial Appointment may take place in-person at a location in the UK.
- Website Services
Habitua allows you to search for Lifestyle Professionals on the Website by specialism and practice, location and rating and for you to schedule video consultations (hosted by the Website) with Lifestyle Professionals to obtain Additional Services.
In consideration of you agreeing to abide by these Terms and Conditions, we hereby grant to you a non-exclusive, non-transferable, licence to use the Website.
Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice.
Please note that certain sections of the Website are viewable without registering with us but to actively participate, or store your information, you must register as a user.
We will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict access to all or some parts of the Website to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and that they comply with them.
We may update and change the Website and the Content from time to time to reflect changes to our products, our users’ needs and our business priorities. However, please note that any of the Content on the Website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the Website will be secure or free from bugs or viruses.
We cannot guarantee continuous access to the Website. We will strive to ensure that the periods of planned unavailability, which you will be informed of when you access the Website at the relevant time, are kept to a minimum. If the need arises, we may suspend access to the Website, or close it indefinitely.
You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the 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 the Website will cease immediately
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
- Appointment Payment
The Appointment Payment is made via our website after you have completed the Website Questionnaire. The Appointment Payment must be paid in full before any Appointment otherwise the Appointment will not be scheduled.
The Appointment Payment is set out in the Confirmation Email.
The Appointment Payment shall be in pounds sterling and includes VAT, if applicable, at the appropriate rate and can be made via major debit or credit cards through the secure link on our website.
- Plan Payments
Shortly after your Initial Appointment you will receive an electronic copy of your personalised Plan. Your Plan will refer to certain Additional Services recommended by us. Included in your Plan are details of how you can arrange the Additional Services you require and complete the Plan Payments on our website.
- Cooling off period
The cooling off period shall be fourteen (14) days from the date on which you receive your Confirmation Email. During this time, should you wish to cancel your Appointment, you may do so free of charge.
Pursuant to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we cannot provide any of our Services to you until the cooling off period to which you are entitled has expired unless you specifically ask us to start the Service sooner.
You can notify us if you wish to commence the Service before the end of the cooling off period either by email or by arranging an Appointment before the expiry of the cooling off period. Should you later change your mind and wish to cancel your Appointment, you must do so by giving at least 48 hours’ notice in order to avoid having to pay the Appointment Payment in full.
If you attend your Appointment and subsequently make Plan Payments in respect of any Additional Services and you decide to cancel after the Additional Services have commenced, you will need to pay in full for any Additional Services that have been provided to you up to the day that you cancel or are scheduled to be provided to you if less than 48 hours’ notice is provided.
- Termination
Either party may terminate these Terms and Conditions immediately and without notice to the other party. You may terminate these Terms and Conditions by deleting your account and refraining to use the Website.
Upon termination for any reason:
(a) all rights granted to you under these Terms and Conditions shall cease;
(b) you must cease all activities authorised by these Terms and Conditions; and
(c) you must immediately delete your account and cease using the Website and certify to us that you have done so upon our reasonable request.
- Cancelling or rescheduling an appointment
We operate a cancellation policy for our Service. We require a minimum of 48 hours’ notice should you wish to cancel or reschedule your Appointment.
In the event of a Missed Appointment or a Late Cancellation, you will remain under an obligation to pay the Appointment Payment and/or the Plan Payment and no refund shall be due in respect of such sums.
If you are unable to attend or would like to reschedule your Appointment, please notify us by telephone or email as set out below at least 48 hours before your scheduled Appointment time. We will gladly make every effort to accommodate your request.
Email address: [ [email protected] ]
- Refunds
If you are cancelling your Appointment more than 48 hours before your scheduled Appointment time, we will arrange a full refund of the Appointment Payment or the Plan Payment to be issued to you.
Any refund will be paid only to the cardholder who made the original payment and only by the payment method used. We do not pay cash refunds.
We will aim to process the refund within five Business Days.
- Complaints
We recognise the need to address and resolve any customer complaints or issues as quickly as possible. Our Complaints Team will endeavour to acknowledge your concerns, offer suggestions to resolve the issue, and work with you to decide on the most appropriate course of action to rectify the issue.
A copy of our complaints policy can be found on our website and by following the link below:
[INSERT LINK]
If you have any questions or complaints about these terms and conditions or the Service we have provided, please contact us on [NUMBER] or email us at [EMAIL].
- Liability
We accept responsibility for all Foreseeable loss or damage that you suffer as a result of a failure by us to comply with these Terms and Conditions or a failure by us to act with reasonable care and skill. We are not responsible for any loss or damage that is not Foreseeable.
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 including the Lifestyle Professionals and for fraud or fraudulent misrepresentation.
We will not be responsible to you for any loss suffered, or damage caused, to you resulting from any inaccurate or incorrect answers given in the Website Questionnaire or any inaccurate information you provide or information you omit to provide to us during your Appointment.
We are not responsible to you for any indirect loss or damage (including costs and expenses or loss of income) or other claims for consequential compensation whatsoever and howsoever caused arising out of or in connection with these Terms and Conditions.
While we will take all reasonable care to ensure the safety of your belongings on our premises, we do not accept any responsibility for the theft or loss of, or damage to, any of your property or your visitors’ property. We would strongly advise against bringing valuable personal belongings onto our premises unless required during your visit.
Our maximum aggregate liability under or in connection with these Terms and Conditions and the provision of Services to you, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the combined total of the Appointment Payment and any Plan Payment(s) payable by you.
- Data protection and confidentiality
We will use the personal information you provide to us to:
- when necessary, contact you regarding important information or updates about your Appointment;
- arrange Additional Services from Lifestyle Professionals who will be provided with your personal information once you have confirmed an Appointment for such Services;
- where you have chosen to do so, provide you with information about other services we offer which are similar to those you are already receiving for example by way of a newsletter and to inform you of any events which we may be organising that may be of interest to you;
- maintain records for our own administration including payment purposes and in order to comply with our contractual, statutory and any other legal obligations in relation to our business;
- develop future services directly or indirectly using anonymised data; and
- assess and improve our online systems and the Services we provide to you should you wish to use our Services in the future.
We are very sensitive of the need to keep your information secure and are also very aware of the need to keep it confidential. We will not use this information for any other purpose than outlined above and your information will not be disclosed to any other person or organisation without your express consent except as required for the purposes of fraud and/or crime detection and prevention or where we need to disclose data by law.
For more information on how we collect, use and hold your personal information, please refer to our Privacy Policy, a copy of which is available on our website. We shall comply with all relevant data legislation and information governance requirements as apply from time to time.
- Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and other laws 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 use. 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 Content on our Website must always be acknowledged.
You must not use any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We reserve all rights to pursue any remedy that we may have for breach of this clause 14.
- Changes to these terms
We may revise these Terms and Conditions at any time. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. If you do not agree to such changes, you should not use the Website. Your continued use of the Website after the date the modified terms are posted will constitute your acceptance of the modified terms.
- Applicable law
These Terms and Conditions are governed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising or in connection with these Terms and Conditions.
Schedule 1 Definitions
The following terms are defined in these Terms and Conditions as set out below:
| Additional Services | the additional services recommended for you in the lifestyle Plan (including, but not limited to, fitness classes, counselling sessions, nutritional advice, stress management classes etc) to be provided by the Lifestyle Professionals |
| Appointment | the Initial Appointment or an appointment for Additional Services, as the case may be |
| Appointment Payment | the payment made by you on the Habitua website in relation to an Appointment |
| Business Day | a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business |
| Confirmation Email | an email detailing the Appointment(s) you have arranged with us which will be sent to your email shortly after completing the Appointment Payment |
| Content | means all audio, video, text, images or other content and information made available by us to you through the Website and may include content which is owned or controlled by third parties which we are permitted to make available to you through the Website |
| Foreseeable | an outcome is Foreseeable if it is obvious that it will happen or if, at the time your Appointment is booked, you are aware that it might happen |
| Initial Appointment | the first appointment between you and us which shall take place remotely and where the Website Questionnaire is reviewed to form the basis of preparation of the Plan |
| Late Cancellation | cancelling an Appointment within the 48-hour period prior to the time of your Appointment |
| Lifestyle Professional | the health and wellbeing expert registered with Habitua who shall be engaged by us to provide Services to you |
| Missed Appointment | failing to attend an Appointment either physically or virtually, as appropriate, more than 15 minutes after the scheduled start time of your Appointment |
| Plan Payment(s) | the payment(s) to be made by you to us in respect of the Plan and any agreed Additional Services |
| Plan | a personalised health and wellbeing lifestyle plan created by us for you after the Initial Appointment, as amended and updated from time to time |
| Service | the overall service provided by us and the Lifestyle Professionals to you, including the Appointments, the Plan and the Additional Services |
| Website | Habitua’s website located at www.habitua.co.uk and related websites, applications, services and mobile applications provided by Habitua from time to time |
| Website Questionnaire | the questionnaire completed by you on our website |