Perci Health LTD
Customer Terms and Conditions.
Please read these terms and conditions carefully. If you do not agree to them, please do not sign-up to use, or connect to the Perci Health platform located at [insert log-in page address] (the “Platform”).
About Perci Health
Perci Health has created the Platform, allowing customers to book and manage healthcare services. Perci Health grants access to the web-based Platform to customers and puts them in touch with an allied health provider (“AHP”), but it does not itself provide any healthcare services (“Services”). The contract for healthcare services is made directly between you, the customer and the AHP (the “Services Contract”).
If you choose to book Services via the Platform, the resulting Services Contract will be subject to the relevant AHP’s terms and conditions. The AHP’s terms and conditions are available to view and download from the Platform. We strongly recommend that you review the AHP’s terms and conditions before booking any Services.
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we provide the Platform.
1.2. Why you should read them. Please read these terms carefully before you book any Services via the Platform. These terms tell you who we are, how we will provide the Platform to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
2. Information about us and how to contact us
2.1. Who we are. We are Perci Health Ltd a company registered in England and Wales. Our company registration number is 12402935 and our registered office is at Wellers Accountants, 1 Vincent Square, London, SW1P 2PN. Our registered VAT number is 0.
2.2. How to contact us. You can contact us on +44 (0) 20 4538 2006 or by emailing us at [email protected]
2.3. How we may contact you. If we have to contact you, we will do so by telephone or by email using the telephone number or email address provided to us when you register to use the Platform.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Registration process
3.1. Following your registration to use the Platform, you will be asked to verify your identity via a two-stage authentication process.
3.2. You must ensure that you keep your contact details on the Platform up to date in case we need to contact you. You can update your contact details via the dashboard on the Platform.
4.1. Subject to your compliance with the restrictions set out in these terms, we hereby grant you a non-exclusive, non-transferable, royalty free licence to use the Platform, together with any data supplied with it, and any updates or supplements to it as we may make available to you from time to time.
4.2. In relation to scope of use:
4.2.1. use of the Platform shall include use of the Platform in object code form on a mobile device for business purposes connected with the hiring of plant and equipment;
4.2.2. "use” of the Platform means loading it into temporary memory or permanent storage on the relevant mobile device.
4.3. This licence does not permit you to:
4.3.1. rent, lease, sub-license, loan, provide, or otherwise make the Platform available in any form in whole or in part to any person without our prior written consent;
4.3.2. translate, merge, adapt, vary, alter or modify the whole or any part of the Platform, nor permit the Platform or any part of it to be combined with, or become incorporated in, any other program or website, except as necessary to use the Platform on mobile devices as permitted in these terms; or
4.3.3. disassemble, decompile, reverse engineer or create derivative works based on the Platform, except as permitted by law.
4.4. With respect to the Platform, you shall not:
4.4.1. use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms;
4.4.2. infringe our intellectual property rights or those of any third party licensor in relation to your use of the Platform;
4.4.3. transmit any material that is defamatory, offensive or otherwise objectionable using the Platform;
4.4.4. use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
4.4.5. collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from our servers.
5. Booking process
5.1. Entry of requirements. Once you have spoken with one of our clinical assistants or otherwise indicated what services you wish to receive via the Platform, the Platform will display details of all AHPs that can provide the required. The Platform will provide you with details of the charges and a link to the relevant AHP’s terms and conditions.
5.2. Selection of AHP. Once you have selected which of the available AHPs you would like to request Services from, and you have selected a date and time for the Services, you will be asked whether you are happy to proceed with the booking. If you confirm your agreement, you will be asked to pay the charges. See section 7 below (Price and Payment) for further details on payment.
5.3. Confirmation of Order. The AHP’s acceptance of your order will take place when you receive the booking confirmation via the Platform. The confirmation will set out the details of the Services and include contact details for the AHP. At this point, the Services Contract has been created between you and the AHP on the AHP’s terms and conditions.
5.4. Your booking number. The Platform will assign a booking number to your booking and tell you when your booking is confirmed. It will help us and the AHP if you can tell us the booking number whenever you contact us or the AHP about your booking.
5.5. We only provide Services within the UK. The Platform is solely for use in the UK. Unfortunately, we do not accept bookings from addresses outside the UK.
6. Your rights to make changes
If you wish to make a change to the Services you have booked, such as your requirements relating to the date, time or location of the Services, please contact the AHP. We cannot deal with any changes to your booking once the Services Contract has been made, so you will need to contact the AHP directly.
7. Price and payment
7.1. Where to find the charges for the Services. The charges for the Services (which includes VAT) will be indicated on the Platform when you place your booking. We take all reasonable care to ensure that the charges advised to you are correct.
7.2. When you must pay and how you must pay. Once you have made your booking via the Platform, you will be asked to pay the charges. Payment must be made by credit or debit card.
8. Your rights to end your services contract
8.1. Ending the Services Contract. Your rights relating to the termination of the Services Contract with the AHP are set out in the AHP’s terms and conditions.
8.2. Exercising your right to change your mind. If you are a consumer then you have a legal right for 14 days after your order has been confirmed to change your mind and receive a refund. However, once the AHP has provided the Services to you, you cannot change your mind and receive a refund, even if the cancellation period is still running. If you are a consumer exercising your right to change your mind, any refund that may be due to you will be made within 14 days of your telling us you have changed your mind.
9. Our rights to suspend or terminate your use of the Platform
We may suspend or terminate (at our discretion) at any time your use of the Platform if:
9.1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for the convenient and efficient administration of the Platform, for example, updated contact or payment details;
9.2. you do not comply in any material respects with these terms; or
9.3. you repeatedly cancel appointments with AHPs or make fraudulent, false or malicious complaints/refund requests.
10. If there is a problem with the provision of the Services or the Platform
If you have any questions or complaints about the provision of the Services, please contact the AHP directly. You can find their contact details on your Booking Confirmation. If there is a problem with the Platform itself, please contact us using the details given in section 2 above.
11. Our responsibility for loss or damage suffered by you
11.1. Subject to the terms of this section 11, We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our not complying with these terms or 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 it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen.
11.2. We are not responsible to you for loss and damage caused by an AHP. We will not be liable for any loss or damage suffered by you as a result of any non-compliance by an AHP or breach of contract by, or negligence on the part of, an AHP or their employees, agents or subcontractors in connection with the Services, or a failure to perform the Services. If you incur any loss or damage as a result of, or in connection with, the Services, you should contact the AHP directly.
11.3. We shall not be liable for any damages, liability or losses arising out of:
11.3.1. your use of or reliance on the Platform or your inability to access or use the Platform; or
11.3.2. delay or failure in performance resulting from causes beyond our reasonable control.
11.4. In no event shall our total liability to you in connection with your use of the Platform for all damages, losses and causes of action exceed £100.
11.5. 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, or for fraud or fraudulent misrepresentation.
11.6. We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
13. Other important terms
13.1. We may transfer the operation of the Platform to someone else. We may transfer our rights and obligations under these terms to another organisation. We will let you know if we plan to do this. If you are unhappy with the transfer, you can stop using the Platform.
13.2. You may not transfer your rights to someone else. You may not transfer your registration in relation to the Platform to another person.
13.3. Nobody else has any rights under these terms. his contract evidenced by these terms is between you and us. No other person shall have any rights to enforce any of its terms.
13.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the sections in these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
13.5. Even if we delay in enforcing our rights, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you where we have the right to do so, 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.
13.6. Which laws apply to these terms and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of these terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these terms in either the Northern Irish or the English courts.