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These Terms and Conditions set out our terms and conditions of sale to you and the terms on which you can use our website, www.geminiosteopathy.co.uk (our site).

 

“Our”, “us” and “we” all refer to Gemini Osteopathy.

 

“You” refers to, you, a user of our website and/or our patient and/or any intermediary company who instructs us to provide our services.

1. Who We Are

We are Gemini Osteopathy. Our trading address is located at Arena Business Centre, Building B, Riverside Way, Watchmoor Park, Camberley, Surrey, GU15 3YL.
We operate as a sole trader.

 

You can contact us by telephone on 07747 740504, or by email,  info@geminiosteopathy.co.uk.

 

2. About These Terms

Please read these terms and conditions carefully before using our site or engaging us for osteopathy services.

 

Please note these terms may be updated occasionally by us and you should therefore revisit these terms from time to time and ensure you understand the terms that apply at that time.

 

Our site is not intended for anyone under the age of 16 years although we do provide osteopathy services to children under the age of 16 years (please see below section 8).

 

These terms are accepted by continuing to browse our site, www.geminiosteopathy.co.uk (our site) and/or by booking appointments to confirm a service.

 

If you do not agree to these terms, please do not continue to browse our site and do not continue to use our Services.

 

We make no claims that any material contained on our site can be lawfully viewed or downloaded outside of the United Kingdom.

 

Access to materials may not be legal by certain persons in certain countries. If you access our site from outside the United Kingdom, you do so at your own risk and you are responsible for compliance with the laws in your jurisdiction.

3. These Are Other Terms That May Apply To You

These terms of use refer to the following additional terms, which also apply to your use of our site:

 

Our Privacy Policy and Cookies, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate. The Cookie Policy sets out information about the cookies we use on our site.

4. Services

We provide osteopathy healthcare services and treatments “Services” to individuals and occasionally we provide such Services through intermediary businesses (e.g. insurance company or healthcare companies) to end clients.

 

Where we are engaged by an intermediary third party to provide Services to you, the obligations contained in these terms apply to you and your end client.

5. Registration

When registering with us on our site and completing background and medical forms, please ensure that all information you provide is accurate, complete, and current at all times.

 

Failure do so constitutes a breach of the terms, which may result in a delay to or, immediate termination of our services.

 

We may, exercise our discretion, acting reasonably, to refuse registration of a patient, or terminate services to a patient without cause.

6. Appointments

Appointments will be held at Arena Business Centre, Building B, Riverside Way, Camberley, Surrey GU15 3YL unless we notify you otherwise.

 

Please note that vehicles parked on the premises are done so at your own risk and that Gemini Osteopathy will not be responsible for any theft, loss or damage.

 

You agree to ensure that you will arrive promptly for your scheduled appointment and at least 5 minutes before your appointment start time.

 

All appointments will be confirmed to you by email.

 

All new patients are required to undergo an initial consultation appointment (of around 60 minutes) to enable assessment of an appropriate treatment plan.

 

Please bring any relevant documents with you when attending your appointment, for example, X-rays, MRI scans, reports.

 

You agree to wear appropriate clothing to be examined, for example, gym clothes, i.e. no loose or revealing underwear.

 

As a result of the consultation, we may advise that you seek the services of an alternative medical specialist, your GP, or Accident & Emergency services, depending on the nature of the problem or if your case is complex.

7. Safety

You are required to comply with any health and safety or other policies which may apply when visiting our premises.

 

We make keep the door to the treatment room slightly ajar in the interests of both of our safety.

8. Children

We are able to offer appropriate osteopathy Services to children.

 

Child Protection is important to ensure wellbeing of children. We take child protection and consent for any sort of treatment very seriously.

 

The General Osteopathic Council considers that a ‘Child’ is a person under the age of 16 years and a ‘Young Person’ is a person aged 16 or 17 years.

 

Anyone below the age of 16 must be accompanied by a parent or legal guardian, when they come for an appointment. Alternatively, another chaperone can accompany the Child; on the condition the parent or legal guardian has written a note or letter to us to give permission for the Child to have treatment.

 

The Child may have the capacity to consent treatments, depending on their maturity and ability to understand what is involved. Consent may be required from the Child’s parent or legal guardian if we deem the child is not competent. Although the Osteopathic Practice Standards (OPS) do state that if a child with capacity gives their consent to treatment, a parent cannot override that consent and pass the test of Gillick competence.

 

A Young Person can be treated as an adult and can be presumed to have the ability to make decisions about their own care.

 

If a Child or Young Person with capacity refuses treatment, that refusal may, in certain circumstances, be overridden. The need to override refusal of osteopathic treatment is likely to be rare according to the OPS.

 

If we suspect harm or abuse to the Child or Young Person by the parent or legal guardian, then there may be a legal requirement to inform the appropriate authorities to protect the Child or Young Person.

9. Chaperone

You are welcome to have a chaperone e.g. family member/friend attend the appointment with you, it would be helpful if you notify us of this in advance of your appointment.

 

Please make any preferences known via phone, or email to info@geminiosteopathy.co.uk.

10. Payment

In return for the Services provided by us, you shall pay the Fee at the price applicable at the time of your booking.

 

The current Price List is available at https://geminiosteopathy.co.uk/treatments/prices/ or you can contact us.  These Fees will apply unless we have agreed a different Fee with you in writing.

 

All prices are in British Pounds.

 

If you are a new patient, or where we exercise our discretion, we may request the Fee to be paid prior to the treatment or consultation.

 

Otherwise, we shall invoice you for the Fee at the end of your session.  This will be payable within 7 days of the date of the invoice.

 

Payment can be made on the day of the treatment by card machine or via bank transfer.

 

Without prejudice to any other right or remedy that we may have, if you fail to pay us the Fees due you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%; and/or, we may suspend all or part of the Services until payment has been made in full.

 

All sums payable to us under are exclusive of VAT and shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

 

If you wish to make payment by card, you confirm you are the authorised cardholder.

11. Late Attendance

If you arrive late to your appointment, your session may, at our discretion, be shortened or rescheduled, and you may still be charged for the full appointment time.

12. Cancellation

If you do not show for your appointment, you may be charged the Fee in full.

 

If you cancel within 48 hours of your appointment, you will be charged 50% of the Fee.

 

If you cancel within 24 hours of your appointment, you will be charged 100% of the Fee.

13. Refusal or Termination

We may, without liability, exercise our discretion to refuse or terminate your Services. This could be for a number of reasons, for example, continued late attendance, non-payment, error in pricing, your behaviour, or any other concerns. In such circumstances we may choose to refund all, or part of any Fees already paid for the Services at our discretion.

 

We reserve the right to refuse or cancel your booking at any time for certain reasons, including but not limited to service availability, errors in the description or price of the service, error in your order, or other reasons.

 

We will not accept any liability for losses or damages arising out of such cancellation.

 

We reserve the right to refuse or cancel your booking or require alternative payment method if fraud or an unauthorised or illegal transaction is suspected.

14. Our Responsibilities

We shall use reasonable endeavours to supply the Services in accordance with these terms and conditions in all material respects.

 

We shall use reasonable endeavours to meet any appointment dates, but time for performance by us shall not be of the essence.

 

We shall use reasonable endeavours to observe all health and safety and security requirements that apply, provided that we will not be liable under these conditions.

15. Your Obligations

You shall:

 

  1. co-operate with us in all matters relating to the Services;
  2. provide to us in a timely manner all documents, information, items and materials in any form (whether held by you or a third party) required by us in connection with the Services and ensure that they are accurate and complete in all material respects;
  3. comply with any policies made known to you including any fire or health and safety policy;
  4. be considerate and respectful of the environment and surroundings when attending your appointment; and
  5. ensure that the information you supply to us is true, correct and complete.

16. Your Remedies

We take great pride in our Services. If you are unhappy with the Services received, please let us know and we will seek to reasonably resolve this. If you do not believe we have exercised reasonable care and skill and you are an individual, under the Consumer Rights Act 2015 (CRA 2015), you are entitled to repeat performance or price reduction (a reduction applies only if the Services cannot be repeated within a reasonable time).  Note, this is subject to the exceptions within the CRA 2015, for example, you are not entitled to repat performance if we did provide our Services with receive reasonable care and skill, but you did not achieve the desired outcome.

17. Changes To Our Site

We may update and change our site from time to time.

 

Access to our site is permitted on a temporary basis and we are not liable to you if some parts of our site are withdrawn or unavailable.

18. We May Suspend Or Withdraw Our Site

Our site is made available free of charge.

 

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

19. Our Trademarks

All intellectual property on our site, including content, image designs, trademarks and trade names are owned by us.

 

“Gemini Osteopathy” is the trademark of Gemini Osteopathy, and our logos are owned by us. You are not permitted to use, edit, modify, reproduce, redistribute them without our prior written approval.

20. How You May Use Material On Our Site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright 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 site for your personal, information use and you may draw the attention of others within your organisation to content posted on our site. You must not copy, distribute, print, circulate information, pages or material from our site for others or link information from our site without our prior written consent.

 

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 site must always be acknowledged.

 

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

Any information sent to us via our site is at your own risk and we do not accept responsibility for confidential information you may send to us via the site. Confidential information should be sent by secure encrypted email.

 

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

21. Do Not Rely On Information On This Site

The content on our site is provided for general information only. It is not intended to amount to any professional, financial or technical advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

 

Whilst we are qualified to provide osteopathy services, if specific medical advice is required you should seek the advice of a relevant medical specialist.

 

Although we make reasonable efforts to update the information on our site, we make no representations, warranties (i.e., legal promises) or guarantees, whether express (i.e., written) or implied (i.e., inferred), that the content and literature on our site is accurate, complete, or up to date.

22. Errors And Inaccuracies

We regularly update our Services. The services available on our site may not reflect the current price, be described inaccurately, or unavailable, and we may experience delays in updating information on the service and in our advertising.

23. We Are Not Responsible For Websites We Link To

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

 

We have no control over the contents of those sites or resources and do not endorse them.

24. We Are Not Responsible For Viruses, And You Must Not Introduce Them

We do not guarantee that our site will be secure or free from bugs or viruses.

 

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

 

You must not misuse our site 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 our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.

25. Acceptable Use

You must only use our site for lawful purposes.  You must not upload or post anything indecent, offensive, obscene, abusive, libellous, defamatory or anything for which you have not obtained consent from a third party to post.

 

You are solely responsible for the permissions, form, content and accuracy of any documents or files that you post on our site. We reserve the right to remove content and material from our site that infringes these terms.

26. Rules About Linking To Our Site

If you wish to link our homepage you must seek our express consent. If consent is granted, you may only link our site, but only do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

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 to our website in any website that is not owned by you.

 

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

 

We reserve the right to withdraw linking permission without notice and remove any link at any time.

27. Data Protection

We are a Data Controller as defined under the UK GDPR.

 

UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

 

We will comply with all applicable data protection laws regarding your Personal Data (as defined under UK GDPR). We may process your Personal Data to perform the Services.

 

In order to provide the Services, you consent to, (and shall procure all required consents, from its personnel, representatives and agents, in respect of) all actions taken by us in connection with the processing of Personal Data.

 

Without prejudice, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the our Personal Data and your Personal Data to us (if you are  a business you shall ensure the same of any client of yours to whom we are providing Services).

 

Please refer to our Privacy Policy and Cookies for further information.

 

Without prejudice, we shall, in relation to your Personal Data:

 

Process your Personal Data as required to comply with any applicable laws or regulations or as required to perform the Services. Where we rely on applicable laws or regulations as the basis for processing your Personal Data, we shall notify you of those laws or regulations unless those applicable laws or regulations prohibit us from so notifying you on important grounds of public interest:

 

  1. to protect against unauthorised or unlawful processing of your Personal Data and against accidental loss or destruction of, or damage to, your Personal Data;
  2. notify you without undue delay on becoming aware of a personal data breach involving your Personal Data;
  3. at your written direction, delete or return your Personal Data and copies thereof unless we are required by law or regulations to continue to process your Personal Data.

 

On our site, or in the course of us providing you with Services, you may be asked to provide certain information relevant to your purchase including, without limitation:
  • Credit/debit card number,
  • Expiration Date,
  • Name; and
  • Billing address.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.

28. Our Responsibility To You

Whether you are a consumer or a business user:

 

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 and for fraud or fraudulent misrepresentation.

 

We have obtained insurance cover in respect of its own legal liability for individual claims for a sum deemed reasonable given the level of service being provided.
We, Gemini Osteopathy, nor our directors, employees, consultants, be liable to you for any indirect, incidental, special, consequential or punitive damages arising out of or in connection with our site or the Services.

 

Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

 

Our liability in all cases and except as stipulated otherwise by law, to you is limited to the lesser of  £500 or, the total level of Fees for the Services we have provided to you (or, in the case of the business, this limit shall apply to both you and your client collectively) up to the point in time of any liability arising.

 

If you are a business user:

 

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

 

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • Use of, or inability to use, our site; and/or
  • Use of or reliance on any content displayed on our site;
  • Any losses or damages arising out of or in connection with our Services.
In particular, we will not be liable for:
  • Loss of profits, sales, business, or revenue;
  • Financial loss;
  • Business interruption;
  • Loss of anticipated savings;
  • Loss of business opportunity, goodwill or reputation; and/or
  • Any indirect or consequential loss or damage.
Except as required by law, we are not liable to your end client.

 

If you are a consumer user:

 

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

29. Disclaimer

The use of our Services is at your sole risk. Our Service are provided is on an “”AS IS” and “AS AVAILABLE” basis.

 

Our Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

30. Force Majeure

Force Majeure Event means any circumstance not within a party’s reasonable control including, without limitation: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition; collapse of buildings, fire, explosion or accident; and interruption or failure of utility service.

 

If we are prevented, hindered or delayed in or from performing any of our obligations under these clauses by a Force Majeure Event, we shall not be in breach of our obligations or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.

 

Your corresponding obligations will be suspended, and your time for performance of such obligations extended, to the same extent as us.

31. Other

These terms are personal to you and your rights shall not be assigned or transferred. We may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of our rights under these terms.

 

The rights and remedies in these terms are in addition to, and not exclusive of, any rights or remedies provided by law.
If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the incorporated terms.

 

If any provision or part-provision of these terms is deemed deleted, we shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

 

We strive to ensure patient satisfaction. In the event of a dispute or complaint arising out of or in connection with the Services or these terms, you agree to give us a reasonable opportunity to seek to resolve this in the first instance within 30 days of informing us of your dispute or complaint.

 

Our failure to enforce any right or provision on these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.

 

Nothing in these terms seeks to take away your legal rights.

 

These terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have between us.

 

These terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflicts and law provisions.

 

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms.
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