Terms & Conditions – NIRF Lymphatic Mapping

Welcome to LymphVision. We have outlined the terms on which LymphVision Limited provides services to its clients. It is important that you read and fully understand these before any treatments take place. If you have any queries please don’t hesitate to speak to a member of our team.

Our terms

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply services to you.

1.2 Why you should read them. Please read these terms carefully before you book any appointment. These terms tell you who we are, how we will provide services to you, how you and we may change or end this agreement, what to do if there is a problem and other important information.

2. Information about us and how to contact us

2.1 Who we are. We are LymphVision a company registered in England and Wales. Our registered office is at Barn 2B South Courtyard, Dunston Business Village, Stafford Road, Dunston, Staffordshire, ST18 9AB.

2.2 How to contact us. You can contact us by telephoning 0330 010 1318 or by writing to us at clinic@lymphvision.com or the postal address which is our registered office address in 2.1.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us on enquiry.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 When the contract commences. A contract will come into existence between you and us when, upon your request for a specific treatment offered by us, an initial consultation appointment detailing date and time (“the Initial Consultation”) is provided to you by us. Your request and our provision of the Initial Consultation may be provided verbally (in person or by telephone) or in writing.

3.2 DEPOSIT required. You will be required to provide a deposit with your request for a specific treatment in order to secure the Initial Consultation. The deposit will usually be the sum of  10% of treatment cost but, depending on the costs of the treatment, we reserve the right to request a higher sum. The exact amount of deposit payable will be confirmed at the time of booking. The deposit is non-refundable except where the circumstances in clauses 6.2(a), 6.2(b) or 7.2 apply.

3.3 Additional deposit requirements. In the situation where you fail to attend the Initial Consultation, a further consultation date may be requested by you. However, it is at our sole discretion whether or not a further consultation appointment is provided and, unless 24 hours’ notice is given in accordance with clause 7.2(a), you will be required to pay a further deposit to secure that appointment. The level of the further deposit will be at our sole discretion.

4. Providing the services

4.1 When we will provide the services. We will supply the services to you at the Initial Consultation and during any follow up consultations included in your treatment, or over a course of a set number or series of treatment appointments (a “Course(s)”) commencing with the Initial Consultation, until we have completed the services. All treatments and Courses are as detailed in our information leaflets and on our website.

4.2 Continuity of services and training. We are unable to guarantee ongoing treatment with the same personnel, but continuity of care is accommodated wherever possible. All our doctors, consultants, nursing and therapy practitioners are trained and approved in accordance with our treatment protocols.

4.3 What will happen if you do not provide required information to us. It is your responsibility to ensure that we are provided with all relevant health related information prior to each procedure. Additionally, we may need other information from you so that we can provide the services to you, this will depend on the treatment to be undertaken. We will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8.2(c)) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

4.4 Unfit for/unsuitable for/unlikely success of treatment. If we deem that:

(a) you are medically unfit, see clause 8.1; and/or

(b) you are unsuitable for your chosen treatment; and/or

(c) your chosen treatment is unlikely to be successful,

we will inform you of the facts and reasons why we have reached this conclusion. If the Initial Consultation resulted in these findings, you will only be responsible for the cost of that Initial Consultation.

4.5 No Guarantee

We will provide the services with reasonable care and skill but no clinical procedure is entirely risk free and the results of any particular treatment cannot be guaranteed. Information on common complications can be requested from us at any point and will be provided and discussed during your Initial Consultation.

5. Attendance at clinic and pre-treatment preparation

5.1 You are required to arrive at our clinic at least 5 minutes before your appointment time. Late arrival may result in a reduction to your treatment time and due to the nature of the procedure could directly influence the success of the assessment. If you are running late, please telephone us and we will attempt to accommodate your late arrival, although we give no such guarantees and priority will be given to punctual clients with scheduled appointments.

5.1a Every effort will be made for you to be seen at your appointment time however unforeseen circumstances, patient delays and individual patient requirements may mean that delays occur in seeing you at your appointment time. If this is the fault of LymphVision you will be allocated sufficient time on the end of your assessment and the procedure will not be cut short or be affected in any way. We reserve the right to postpone or delay appointments as required, without notice, on the date of any clinic in order to ensure every patient is seen sufficiently. No reimbursement, compensation or refund will be provided for delayed appointments.

5.2 We will inform you of any specific preparations you will need to carry out before your treatment. Failure to make such preparations may result in your treatment being less successful. Where continued non-compliance occurs, we reserve our right to end this contract and hence treatment, without prior notice.

6. Rights to suspend or make changes

6.1 Your rights to make changes. If you wish to make a change to the services or the date or time of the Initial Consultation please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6.2 Our rights to suspend or make changes.

(a) Temporary suspension and minor changes to the services. We may have to suspend or change the services:

(i) due to circumstances beyond our control; and/or

(ii) to reflect changes in relevant laws and regulatory requirements; and/or

(iii) to implement minor technical adjustments and improvements.

These changes will not affect your use of the services and we will make every attempt to contact you to inform you of the cancellation and to re-arrange your appointment. We do not offer compensation in these circumstances.

(b) Long term/permanent suspension or significant changes to the services. In addition, we may have to suspend long term or permanently, or make more significant changes to the services, for example to change the prices for our services, but if we do so we will notify you and, should you wish, you may then contact us to end the contract and receive a full refund of any pre-paid treatments not provided at the suspension date.

(c) We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 10.4), we may suspend supply of the services until you do pay us.

7. Your rights to end the contract

7.1 You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.

7.2 What happens if you have good reason for ending the contract. If you are ending the contract for a relevant reason, set out at 7.2 (a) to (e), the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:

(a) you inform us in writing or by telephone at least 48 hours before the Initial Consultation that you wish to change the date and/or time of the Initial Consultation or any follow up appointment date(s); or

(b) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6.2(b)); or

(c) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed; or

(d) we suspend the services for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

(e) you have a legal right to end the contract because of something we have done wrong.

7.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 7.2, the contract will end immediately but we will retain the deposit paid under clause 3.2, as reasonable compensation for the net costs we will incur as a result of you ending the contract. In addition:

(a) if less than 48 hours’ notice is given under clause 7.2(a) or any subsequent appointments are not attended, we will charge you a cancellation fee of 10% of treatment cost and any further bookings and/or continued treatment will be at our sole discretion and will require the payment of a further deposit, the level of which is at our sole discretion; or

(b) where your treatment is a Course, if less than 48 hours’ notice is given of cancellation of any appointments in the Course we will charge you a cancellation fee of 10% of treatment cost before any further appointments can be scheduled or attended.

8. Our rights to end the contract

8.1 Medically unfit. We may end the contract at any time, if we deem you medically unfit to undergo the treatment requested.

8.2 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due;

(b) you repeatedly miss appointments; or

(c) you do not, within a reasonable time of us asking for it, provide us with information under clause 4.3 which is necessary for us to provide the services.

8.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.2 we will refund any money you have paid in advance for services we have not provided but we will retain your 10% deposit, paid under clause 3.2, as reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9. If there is a problem with the services

9.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us.

9.2 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
  • if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
  • if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

10. Price and payment

10.1 Where to find the price for the services. The price of the services will be the price set out in our price list in force at the date you book your Initial Consultation unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see clause 10.3 for what happens if we discover an error in the price of the services you order.

10.2 What our prices include and exclude. The price of the services include the Initial Consultation, the full NIRF Lymphatic mapping procedure on the day, and follow up paperwork and documentation following the assessment (this is the standard treatment pathway). In some cases, the price will include any of the below additional services: a surgical consultation with a consultation partner, an assessment with a consultation partner, a telephone consultation with a consulting partner or nurse consultant and/or xxxx . We reserve the right to charge additional charges for any services falling outside the standard treatment pathway, which may include some follow up consultations, FG-MLD sessions or garment measuring but you will be informed of any additional charges prior to them being incurred. Your booking of your Initial Consultation designates your understanding and acceptance of the price and your commitment to pay.

10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order.

10.4 When you must pay and how you must pay. You must full payment of the price of the services, less the amount of deposit paid on booking the Initial Consultation under clauses 3.2 or 3.3, in advance of the treatment being administered and by the ‘payment due’ date listed on the invoice you receive.

We accept payment via BACs and with most major credit/debit cards. We are, however, unable to accept American Express cards or cheques.

10.5 We can charge interest if you pay late. If you do not make any payment to in accordance with clause 10.4 we reserve all our rights to take action against you, including the right to pass the matter to a debt collection agency, and we will charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11. Our responsibility for loss or damage suffered by you

11.1 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 breaking this contract or our 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 either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process. But, for the avoidance of doubt, we are not liable for any economic loss or for any other special, indirect or consequential loss or damage arising out of, or in connection with, its provision of the services to you including damage occurring as a result of your failure to provide us with any information required under clause 4.3.

11.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.

11.3 We are not liable for business losses. We only supply the services privately. We will have no liability to you for any loss of business profit, loss of business, business interruption, or loss of business opportunity.

12. How we may use your personal information

12.1 How we will use your personal information. We will use the personal information you provide to us to:

(a) provide the services;

(b) process your payment for such services; and

(c) to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.

12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

12.3 The medical records you provide us with, procedure results and data collected during the booking process or procedure will be securely stored by LymphVision, for as long as we see necessary. Every effort will be made to ensure your files are securely kept and will only be accessed when relevant to booking further treatments, follow up documentation creation or to contact you or your healthcare provider. Your confidentiality is important to us and your results will not be disculosed to anyone other than those involved in your care. These files will only ever be provided to third parties where the law requires it.

12.3a An exception to point 12.3. On occasions your results, in the form of either ICG images/videos or photographs may be used for training purposes, in articles, in presentations or for marketing. You will not be identifiable and you will remain anonymous. Your general information may be used along side this media in studies or articles looking at correlating factors such as age or gender. As part of the procedure you will be asked to sign a consent form allowing us to use the data as we see fit and confirming that the images and files ultimately remain the property and possession of LymphVision. Any concerns regarding this can be discussed during your Initial Consultation.

  1. Other important terms

13.1 Smoking. Our clinics, including car parks, are smoke-free zones compliance is required by all visitors.

13.2 All visitors to our clinic under the age of 16 must be accompanied by a responsible adult at all times.

13.3 Nobody else has any rights under this contract. This contract 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 paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5 Even if we delay in enforcing this contract, we can still enforce it 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 in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date

13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

Appointment Cancellation Charges Policy

Payable in advance when booking appointments at our clinic:

For new clients booking an appointment with a Nurse or Practitioner: The clinic will request a non-refundable 10% deposit from all new clients for all appointments with Nurses/Practitioners (both consultations and treatments). This fee is to secure the appointment time and will either be used as credit towards the first treatment. The balance of payment should be settled prior to the appointment date and by the date stated on the invoice provided.

Cancellation charges are applicable in the following circumstances:

  • Making contact within 48 hours of the scheduled appointment with a request to reschedule.
  • Making contact within 48 hours of the scheduled appointment with a request to cancel.
  • Failing to attend a scheduled appointment.

 

If a client has paid a 10% deposit…

The clinic will take the deposit as a fee. A further deposit will be payable before a new appointment can be booked.

If a client has paid in advance for a consultation or treatment…

The clinic will take 10% cost of the treatment as a fee and will attempt to refund the balance or allocate the balance to another appointment.

Appointments may be rescheduled or cancelled by the following methods: Telephone – 0330 010 1318 Email – clinic@lymphvision.com

Appointments CANNOT be rescheduled or cancelled by the following methods: Any social media platform e.g. Facebook, Twitter, Instagram etc. or by text message.

Cancellation Fee Terms and Conditions:

  1. All clients of LymphVision Ltd/Jane Wigg will be expected to agree to this ‘Appointment Cancellation Charges Policy’. If a client refuses to agree then LymphVision Ltd/Jane Wigg reserve the right to not offer any treatment.
  2. These cancellation charges apply to every appointment offered at LymphVision Ltd/Skin Surgery Clinic, no matter the cost.
  3. Clients who cancel or do not attend due to exceptional circumstances will still be required to pay the appropriate cancellation charge before their next appointment is made. LymphVision Ltd will decide on a case by case basis whether to refund the charge.

Reassessment appointments, or any appointment made as a result of genuine concerns about the treatment will also be free of charge. LymphVision reserves the right to apply a charge, indicated in advance, for our time in some circumstances.

We will advise you of the time and date of your appointment. Nurses and Practitioners at LymphVision are trained and approved in accordance with regulation.

LymphVision do not guarantee continued treatment with a named Nurse or Practitioner, although LymphVision will endeavour to accommodate continuity of care where possible.

As a client, if you cannot attend your appointment, we require at least 48 hours’ notice in order to reassign your appointment time to another client. If you do not provide 48 hours’ notice, you will be asked to formally accept and understand our full terms and conditions before you continue treatment at LymphVision. After this, if you cannot attend a further appointment and do not give the required 48 hours’ notice, you will have to pay a minimum cancellation fee of 10% for the appointment before you can continue treatment at LymphVision. We also reserve the right to discontinue future treatment with clients who repeatedly cancel appointments without the required notice.

LymphVision ask that you arrive five minutes before your allotted appointment time. Late arrival may result in your treatment time being reduced. If you are running late, it is important you contact the clinic so we can try and alter your appointment accordingly. If you are late, your appointment may be delayed further by later appointments being seen on time.

LymphVision will use its best endeavours to ensure that your appointment runs to time, however, there may be times when, for reasons beyond our control, your appointment is delayed. Very occasionally, due to unforeseen circumstances, we may need to cancel your appointment at short notice. In the unlikely event that this becomes necessary we will make every attempt to contact you to inform you of the fact and to re-arrange your appointment for a mutually convenient time. We do not offer compensation if it is necessary for us to cancel your appointment.

Prior to your appointment we will inform you of any preparations you might need to make prior to treatment taking place. Failure to make any such preparations may result in the procedure being less successful.

Bookings for NIRF Lymphatic Mapping must be paid for in full prior to the treatment.

LymphVision reserves the right to refer non-payments to debt collection agents.

We will always assess your suitability for treatment prior to any treatment being carried out. If we consider that you are unsuitable for the treatment you have enquired about, or if we consider that the treatment is unlikely to be successful, we will inform you of the fact and the reasons why we have reached this conclusion. In these circumstances you will only be liable for the cost of the initial consultation, where applicable.

LymphVision is not liable for any economic loss (including loss of profit), or for any other special, indirect or consequential loss or damage arising out of, or in connection with, its provision of any goods and/or services to the client.

It is the client’s responsibility to ensure that he or she provide LymphVision with all relevant medical details prior to each treatment. LymphVision will not be liable for any damage that occurs as a result of the client’s failure to disclose such details.

LymphVision cannot allow under 16’s to come into the clinic unless accompanied by a responsible adult. Where an adult is receiving a consultation or treatment, an additional responsible adult must accompany a child under 16.

Complaints Policy – A Summary

LymphVision has a written complaints policy, including the stages of the process and the timescale we aim to achieve in dealing with any complaint. A copy of our Client Complaints Procedure is available on request, and a summary provided below:

  • If you wish to lodge a complaint, the Clinic Manager will be informed and will deal with the matter.
  • If the complainant is not the client, written consent must be provided by the client on whose behalf the complaint is being lodged.
  • If the complaint is made in writing, the complaint will be recorded as such and the client invited to lodge an official complaint, laying out in details the circumstances of the complaint. This will allow us to deal with the complaint in a recorded and structured manner.

This is a summary of the complaints procedure. A full version is available upon request.

Your comments and feedback are very important to us, please feel welcome to speak to a member of the LymphVision team, or contact us anonymously through the ‘contact us’ form on our website.

For further clarification of our Terms & Conditions, please contact Abbigail Titmus – Clinic Manager. Call 0330 010 1318, email clinic@lymphvision.com.