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Formula Health

TERMS & CONDITIONS


Legal

THE LEGAL BIT

Formula Health’s terms and conditions governing the contractual relationship between the service provider and the user


The Legal Bit

Terms & Conditions

TERMS AND CONDITIONS (Last updated 2nd February 2024)

  1. INTERPRETATION AND VARIATION

1.1 In the Terms and Conditions the following definitions apply:

  • “Formula Health” means Formula Health clinic limited.
  • “Patient” means any person who has completed and submitted an online booking, mobile phone application, phone contact or contact form on Formula Health’s website.
  • “Clinic” means any one of the Formula Health clinic limited clinic locations.
  • Reference to a Clinic in the Terms & Conditions will be to the relevant clinic at which a Patient has booked to attend treatment.
  • “Terms and Conditions” means these terms & conditions.

1.2 Formula Health reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Clinic and the conduct of Patients. Any such changes will be notified to Patients and, until revoked, are and will be binding on Patients.

1.3 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.

  1. REGISTERED PATIENT

2.1 Subject to these terms and conditions, when a person has completed online bookings, mobile phone application, phone contact or contact form they will become a Patient of the Clinic.

2.2 Acceptance of a person as a Patient is at the absolute discretion of the Company.

2.3 Patients must be 18 or over or have their parents’ / guardians written consent before becoming a Patient of the Clinic (which consent must be made available on request).

  1. PRIVACY POLICY

Data Controller – Gemma Fisher (Formula Health clinic)

3.1 Registered with the Information Commissioner’s Office

Information Held

3.2 The following information is collected: Patient name, address, date of birth, email address, phone numbers, GP details, past medical history, family medical history and case history for treatment carried out at clinic.

3.3 All information is given by the patient or their carer, parent or legal guardian.

Data Collected

3.4 Information collected is sufficient for the purpose of making informed clinical decisions.

3.5 Data is collected verbally on the phone by reception staff or practitioners, to book appointments and take contact details. Data is also collected via our secure software packages when an appointment is booked online and when a New Patient Form is completed.

3.6 Medical information is collected by our Practitioners verbally at a face to face appointment and electronically when a New Patient Form is completed by the patient. Patient contact details and appointments are stored on the computer and/or manually.

3.7 Patient clinical records are electronic.

Data Storage

3.8 We use several software packages at the clinic to provide patients and clients with the best service. Third party software providers are listed in our Privacy Policy.

3.9 Nookal is the main provider for both appointment bookings and treatment notes taking and they are GDPR compliant.

3.10 All patient records belong to and are owned by Formula Health

Data Disposal (minimum 8 years, 25 years of age for children)

3.11 Any paper records or documents are stored securely at Formula Health clinic and are destroyed after 4 years by confidential recycling as electronic copies are stored.

3.12 Records cannot be deleted before statutory requirements for data retention – 8 years or up to 25 years of age for children.

3.13 Electronic records are deleted from the system after 8 years or 25 years of age for children.

Consent

3.14 Patient data is also used for both operational and company marketing purposes. Operational communication includes but is not limited to appointment reminder emails and text messages, invoices and feedback requests.

3.15 We do send marketing including but not limited to birthday vouchers, newsletters, offers and discounts which patients opt in to with a tick box on their first visit.

3.16 We check patients still want to receive communications on a regular basis.

3.17 We process your data using the lawful basis of consent for marketing, and fulfilment of contract and legitimate interest for processing your medical record and sending you health information and exercises relating to your condition.

3.18 Your medical record is processed as Special Category Data under Article 9 2(h) of the GDPR. Parents must give consent for communication with children under 16 years.

Data Sharing

3.19 Information is only shared with other persons with patient’s permission. This would usually be with other health professionals. Patient information is never passed on to other clinics, practitioners, persons or companies.

3.20 Data would extremely rarely be shared without consent if there was a legal order or in cases of serious safety risks.

Data Checks

3.21 Every year we check all active patient data is correct with a data audit.

Security

3.22 Access to paper records is restricted to practitioners and admin staff who have signed a confidentiality and processor confidentiality agreement.

3.23 All electronic data is password protected and access to information can be restricted. Systems are kept updated and antivirus security systems are in place and updated.

3.24 Passwords are changed regularly and access to websites are via 2 step verification.

3.25 Data breaches will be detected by observing signs of unauthorised entry to storage areas, monitoring communications or becoming aware of a security breach (e.g. a virus or unauthorised log on or change to permissions) on the computer system. Data breaches will be investigated and reported to the Information Commissioner’s Office within 72 hours by the appointed person. Patients will be informed if we believe a data breach has occurred.

3.26 Patients may contact the Information Commissioner’s Office if they believe a data breach has occurred. Information Commissioner’s Office: 0303 123 1113

Subject Access Requests

3.27 Subject access requests must be responded to within a month and no charge can be made.

3.28 Data is only released on receipt of a signed request from patients or in exceptional circumstances. Any data sharing is detailed in the patient record.

Patient Rights

3.30 Patients and anyone we hold data about have some rights under GDPR: You can request to: see your data at any time, move your data to another practice, correct any inaccuracies, prevent marketing. You may request for details to be deleted but due to our legal obligation we cannot delete your health record but we can remove you from our contact list.

Complaints

3.31 For patients or staff to raise any complaints please contact the receptionist/ practice manager / practice principal either in person, by phone or in an email (info@formulahealth.co.uk) or by letter

3.32 You may also want to contact the Institute of Osteopathy on 01582 488 455, or email enquiries@osteopathy.org General Osteopathic Council.

  1. CLINIC OPENING TIMES

4.1 Details of treatment times at the Clinic may vary from time to time. Session times will be published by the Clinic and will be available either at the Clinic or at Formulahealth.co.uk

  1. PAYMENT TERMS

5.1 Details of treatment fees are available at Formulahealth.co.uk or directly from the Clinic and will be such fees as determined by the Company from time to time.

5.2 All treatments are by appointment, once treatment has been provided payment would be required for the relevant treatment (apart from free Discovery Call). You may be asked to prepay for treatment on certain occasions (or when booking online) or if we have a record of previous appointments being cancelled, or moved with less than 48 hours notice. Any cancellations or changes with less than 48 hours notice will be charged in full for the cost of the appointment booked.

5.3 Validity of gift cards and vouchers for single treatments are stated on the gift card itself. All vouchers are valid from and including the date of purchase and are non-refundable. In the event where we are unable to provide you with a suitable appointment we may at our sole discretion extend the expiry date.

5.4 All vouchers purchased will be issued with a personalised physical voucher or will be sent electronically to a preferred email address provided (if purchased on our online shop) according to your preference.

5.5 Vouchers can be used in any of our Formula Health clinic locations, however not all treatments are provided at each clinic, so please check before purchase.

5.6 Online discounts are not available on medical, osteopathy or foot health appointments.

Card Payments & Cooling off periods

5.7 Your card details are stored securely with iZettle (iZettle complies with the Payment Card Industry Data Security Standard (PCI DSS). Data is not readable / viewable by Formula Health clinic or members of the team at any time.

5.8 In alignment with the consumer rights act, when purchasing goods you automatically get a 14-day cooling-off period for any item not classed as “bespoke” or “made-to-measure”. As Phits insoles fall into the bracket of “bespoke” or “made-to-measure” this does not attract any cancellation or return rights for the consumer. However, if the product is deemed faulty or damaged on receipt of the goods, then this would fall into the 2-year warranty for a complete remake at no cost to the consumer.

  1. BOOKINGS, CANCELLATIONS AND LATE NOTICE POLICY

6.1 A Patient may book or reschedule treatments for themselves via online bookings facility at Formulahealth.co.uk or via email at info@formulahealth.co.uk or by phone on 0118 4181825.

6.2 Patients will be charged for a treatment where cancellation or the rescheduling of a session is not made online or notice of the same is not emailed or telephoned through to the Clinic at least 48 hours prior to the booked time.

6.3 We operate a 48 hour Late Notice Policy on behalf of our the practitioners who provide services for Formula Health clinic. In the event you do not turn up for your appointment or it is cancelled or rescheduled within 48 hours the client is liable to pay the appointment fee in full.

6.4 Treatments are booked on a first-come first-served basis. A Patient may use the waiting list facility at Formulahealth.co.uk in the event that the first choice session is unavailable. If a Patient joins the waiting list for a particular session and then books that session the booking will be subject to the Terms and Conditions in the usual way.

6.5 The total time of your appointment includes consultation, undressing, dressing, treatment and payment, if you feel you will require more time please contact the clinic prior to your treatment.

  1. SAFETY & HYGIENE

7.1 Only food or drink purchased at Formula Health can be consumed onsite.

7.2 Excessive noise, disturbance or unseemly behaviour is prohibited, including abusive or threatening behaviour to anyone associated with Formula Health clinic. Everyone is entitled to work in or use the clinics without fear of verbal or physical abuse. Formula Health clinic will support anyone associated by taking legal action against any individual who does not respect this right.

  1. GENERAL

8.1 Patients are required to give written notice to Formula Health of any change of address or email address. Failing such notice, all communications will be assumed to have been received by the Patient within five days of mailing to the last address notified to Formula Health.

8.2 Formula Health may, if a Patient wishes, communicate with the Patient by electronic mail (“email”). By providing an email address to Formula Health the Patient consents to receiving email communications from Formula Health, including notices pursuant to the Terms and Conditions. The Patient also accepts the risk that email may not be a secure and confidential means of communication. Formula Health will not be liable for any loss or damage suffered as a result of communicating with a Patient by email.

8.3 Patients must at all times observe Formula Health guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of Formula Health may issue to ensure the smooth operation of Formula Health for the convenience of all Patients.

8.4 Any marketing, educational or other materials of any nature whatsoever produced by Formula Health in connection with the Clinic and which are made available to Patients at the Clinic will at all times remain the property of Formula Health and will be subject to the Formula Health’s copyright.

  1. INTELLECTUAL PROPERTY

9.1 Formula Health clinic, the Formula Health® trademark, graphics, photos & site content are the property of Formula Health® and protected by law. Permission must be gained before you are allowed to use, make or distribute. All rights are reserved.



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