Terms and Conditions

Mental Health Views Ltd - Dr Katy Briffa

Ref: MHV-PP-Terms-2024

1. Your Obligations

1.1 You agree that upon your signature of this agreement, or by making full payment to us (whichever occurs first):

a. You are entering into a legally binding contract and you accept and agree to these terms, which are the only terms and conditions that shall govern the work performed by us, Mental Health Views Limited (“MHV”), in providing the service(s) that we describe to you. Please note that our company details can be found in this agreement.

b. You agree that these following terms and conditions shall also apply when they are expressly incorporated only by us by reference into other appointments / work with you, such as follow-up appointments.

c. You will supply full and accurate information to us to enable us to properly carry out our service.

d. You will notify us promptly in the event you need to cancel or reschedule any appointments that you have made.

e. In the event that we have not received payment within the timescale indicated, then the proposed appointment date will not be confirmed and an alternative date will be provided when next available.

2. Fees

2.1 Our charges are outlined below in Table 1 below.

Table 1 - Fees for the service that we can provide:

Initial Consultation (90 minutes) - Consultant’s written opinion and recommendations to the patient - £540

Follow-up Consultation (90 minutes) Consultant’s written opinion & recommendations to the patient - £540

Follow-up Consultation - (60 minutes) - Consultant’s written opinion & recommendations to the patient - £360

Follow-up Consultation - (30 minutes) - Consultant’s written opinion & recommendations to the patient - £180

Bespoke Requests - Subject to Quotation

2.2 Payment of our fees are required in full, in advance of any appointment in accordance with the payment methods and timescales indicated in the provisional appointment, otherwise the appointment cannot be confirmed and may no longer be available.

2.3 In the event that payments are owed to us, these payments will be due within 3 days of the invoice date.

2.4 In the event that payment of our fees is made by a third party on your behalf (e.g. parent/ guardian/ employer), you shall procure that such third party complies with these terms and conditions and you shall specifically bring clause 5 below (Non-Patient Payers) to their attention. We may require any third party to sign a separate agreement with us (at our discretion) before we agree to provide the appointment.

2.5 We reserve the right to take such legal action as necessary to recover any sums due to us, and we reserve the right to charge interest on any delayed payments.

Non-Attendance

2.6 Fees for Non-attendance – Except as provided in clause 3, in the event that you do not attend an appointment with us at the scheduled date and time then you will be liable to pay in full the fee for the service you were due to attend. All amounts paid in advance will not be refunded for non-attendance.

For example, if you did not attend the consultation with the clinician without first cancelling the appointment with sufficient notice pursuant to these terms (see Clause 3), then you will be liable to us in full.

2.7 In the event you have not attended the scheduled consultation at the start time, the doctor will wait up to 15 minutes for you to arrive.

2.7.1 If you attend the videoconference consultation less than 15 minutes late, the consultation will continue to go ahead, however, the consultation duration will not be extended. Unfortunately, the outcome of the consultation maybe affected by the delay, and the doctor may be unable to complete the work. In such circumstances, it may be necessary for a chargeable follow-up consultation to be scheduled to complete the consultation.

2.7.2 If you are more than 15 minutes late, the consultation will be deemed not attended, and non-refundable pursuant to clause 2.6. In such circumstances, the consultation will need to be rescheduled.

3. Cancelling an appointment

3.1 Subject to 3.1.1 (the following clause below), you have 14 days from the day after entering into a contract with us, to cancel our contract and receive a full refund, (if money has exchanged hands), provided that you have not used our services (“Cooling Off Period”). If you wish to cancel the contract with us, please provide details of your request using the following e-mail address: info@mentalhealthviews.com

When a Cooling Off Period will not apply:

3.1.1 Where you accept an appointment which falls within 14 days from the date you signed a contract with us, then, you here by expressly waive your rights to a Cooling Off Period - as you have requested the service to be provided within 14 days from the signed contract date. In such circumstances, the Cooling Off Period will not apply and the cancellation fees stipulated in this agreement shall apply.

3.2 Please note that in the event that you have used our services (even partially) within the Cooling Off Period and you would still like to cancel, your right to a full refund will not be available, however, you will have the right to a partial refund and only pay us an amount that is in proportion to the work that we have performed up to the point in time that you have communicated your right to cancel and the payment provider transaction fees that we’ve incurred (approx. 1.5% of the payment amount +£0.20).

3.3 If we have fulfilled our service in its entirety, you will not be able to cancel the service, even within the Cooling Off Period and you will be liable to pay the full amount.

3.4 If the Cooling Off Period has elapsed, you may still cancel our contract as outlined below:

3.4.1 If you need to cancel or reschedule your appointment for any reason then we ask that you give us at least 3 working days’ written notice in advance of the consultation, by emailing info@mentalhealthviews.com.

3.4.2 Where you cancel or reschedule an appointment with less than 3 working days’ written notice in advance of the scheduled appointment, the following cancellation terms will apply:

a. Subject to 3.4.2 (b), if you cancel or reschedule between 3 and 1 working days’ written notice from the scheduled consultation date, then we will charge 50% of the chargeable fee as a cancellation charge.

b. If you cancel or reschedule your appointment with less than 1 working days’ written notice in advance of the scheduled appointment then we will charge 100% of the chargeable fee.

3.4.3 If you cancel or reschedule your appointment for any reason then we ask that you give us at least 3 working days’ written notice in advance of the consultation. If you give us 3 or more working day’s written notice, in advance of the consultation, we will only charge you for the payment provider transaction fees that we’ve incurred (approx. 1.5% of the payment amount +£0.20).

4. Dealing with a Crisis

4.1 Our service is a non-emergency service and does not provide 24-hour cover. In the event that you need help in an emergency or crisis situation, you should immediately contact your GP, 111, 999, A&E or other service arrangements you may have.

5. Non-Patient Payers

5.1 If you are not a patient but have engaged us on behalf of a patient or have otherwise paid any sum on behalf of a patient you agree that you will be bound by all of the provisions of these terms including without limitation the payment of cancellation fees.

6. GP Involvement

6.1 Although we recommend that any letter or report produced by the clinician is shared with your GP, we will only share the report with your prior consent.

6.2 Unless otherwise notified by yourself, you agree that with the inclusion of this clause you provide your consent and authorise MHV to contact on my behalf, as appropriate, your GP to obtain any documents, information or records held about you and to discuss your health. At any time, if you do not wish us to share information with your GP or obtain your records, please let us know immediately in order to revoke such consent.

7. Confidentiality and Consent

You agree to consent and disclosure as detailed below:

7.1 We shall keep all of your personal information in strict confidence and subject to clause 7.2 below, shall only disclose such information internally with our clinical team solely to allow us to perform our service.

7.2 There are some circumstances where we may be legally required to disclose your personal information:

(a) if you disclose information that you may pose either a serious risk to yourself or another person, or information regarding acts of terrorism or serious crime; and/or

(b) where we have a legal obligation to do so, such as where we are legally required in accordance with child protection legislation to report safeguarding/child protection concerns.

By accepting this agreement, you accept and understand that we are legally obliged to do this.

7.3 During the course of a consultation, the clinician may produce medical notes, opinions and document information gathered during a consultation. This personal information may be required for the purposes of creating a record of the consultation and to support any potential diagnosis.

7.4 Mental Health Views Limited may for the purpose of your consultation use and retain copies of your medical records and other information that you have supplied to us and/or that your GP has supplied to us (where you’ve provided your consent), in order for us to provide the health care services that we are offering you.

7.5 Any personal information that you give to us will be processed strictly in accordance with the Data Protection Act 1998 (as may be amended or superseded) and all other relevant UK privacy legislation. If at any time, you wish us to remove your personal information please notify us in writing.

7.6 If you have any queries or concerns about your personal information and data, please don’t hesitate to contact us on info@mentalhealthviews.com

8. Liability

8.1 Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence or any other liability which is not legally permissible to exclude.

8.2 We shall under no circumstances whatsoever be liable to you for any indirect or consequential loss; or economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it. Subject to 8.1, our total liability to you, in respect of all other losses under these terms shall not, exceed in aggregate, the total price paid to us, for any claim or series of claims.

8.3 We warrant that we will provide our service with reasonable skill and care.

8.4 Except as set out in these terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

8.5 We shall not be liable for any delay in the performance of any of the obligations under our contract with you for any reason, including but not limited to, events outside of our reasonable control, acts of God or of the public enemy, ill health, epidemic, pandemic, changes to medical regulations, restrictions or changes introduced by medical regulators, venue closure, fires, floods, riots, quarantine restrictions, strikes, acts of government, government imposed lockdowns, freight embargoes, earthquakes, electrical outages, computer or communications failures, cyber-attacks, malware, global IT outages/communication/software/storage/data centre issues, hardware or software failure, poor internet connection, severe weather, and any acts or omissions of subcontractors or third parties

8.6 In rare circumstances that we are unable to perform our service for any reason at the scheduled appointment, we will notify you of this as soon as possible and seek to reschedule the consultation with you, at the earliest opportunity, which shall be your sole and exclusive remedy.

8.7 We provide an assessment only service and not a treatment service.

9. Video Conference / Remote Consultations

9.1 We will use an encrypted video conference service provider Google Meet or Zoom.

9.2 A hyperlink to join the Google Meet / Zoom consultation will be provided to you in advance of the consultation.

9.3 In advance of the consultation, the client shall take all necessary measures to check, setup, test the computer and/or device for a video conference session, in particular checking that the audio and video is functioning adequately.

9.4 Please ensure you have an appropriate internet capability to undertake a video conference session. We have the right to stop the video conference consultation if the audio or video quality is not acceptable in our reasonable opinion to allow us to undertake the work.

9.5 We are unable to extend or re-schedule a video conference consultation without additional charges in circumstances where you are experiencing any technical issues with the video conference which are not due to our fault or omission.

9.6 Where applicable, please ensures that your device and any internet browser software is up to date and uses the latest version of the software at the time of the consultation to minimise any compatibility or technical difficulties.

9.7 The video conference will be conducted confidentially between the clinician and the client and no other participants shall join or watch the consultation, unless otherwise agreed in advance of the consultation. If you would like a family member or a friend to attend the consultation with you, please let us know in advance of the consultation.

9.8 You agree not to record, stream, store or upload the video conference consultation anywhere.

9.9 You will be responsible for your own costs and expenses that you incur as a result of participating in the videoconference.

9.10 The details of cancellation and/or non-attendance of the video conference are detailed in clause 3 of this agreement.

9.11 In the rare event that there are any technical issues during a videoconference which are solely attributable to us, we will make attempts to remedy such issues during the video conference to resolve and avoid the need to reschedule the consultation, however, you will not be charged for the time it takes to rectify such technical issue. Where our technical issue prevents the video conference from taking place, we will suggest a postponement to the consultation until such issues are resolved.

10. Payments due to us

10.1 Unless otherwise stated on the invoice, any payments that you owe to us under this agreement shall be due to us no later than 3 working days from the invoice date. The payment details will be stipulated on our invoice.

10.2 Although we will seek to remedy any dispute amicably, we reserve the right to take such legal action as necessary to recover any sums due to us from yourself (including any unpaid excess amounts which are due), and we reserve the right to charge interest on any delayed payments.

10.3 In circumstances where you have not made the full payment by the due date, we may (at our discretion) release the scheduled appointment slot and offer you an alternative date once we have received payment in full.

10.4 We will be unable to start any work until we have received payment in full.

11. Other

11.1 These terms and conditions constitute the entire agreement between the parties with respect to their subject matter. These terms and conditions shall supersede and apply to the exclusion of any other prior agreements, statements or understandings made between the parties prior to the signature of these terms whether orally or in writing.

11.2 We reserve the right to vary these terms and conditions upon 14 days written notice, in circumstances where there are new laws or regulations or mandatory changes to existing laws and regulations that we have to comply with. You may not vary these terms without our prior written consent.

11.3 In exceptionally rare circumstance, we may terminate this agreement by giving you seven days written notice. In the event of termination by us we will return any overpayments which you have paid to us. The repayment of money to you will be our sole and exclusive liability to you.

11.4 These terms and conditions are governed by and shall be construed in accordance with English law.

11.5 Any disputes arising from this agreement will be subject to the exclusive jurisdiction of the courts of England and Wales

11.6 The electronic signature of this agreement shall be as valid as an original signature of such party and shall be effective to bind such party.

12. Complaints

12.1 In the event you are unhappy with any aspect of our service please contact us as soon as possible in writing and we will investigate the issue and do our utmost to rectify the position.

13. Contacting us

13.1 In the event that you need to contact us, please contact us by email at info@mentalhealthviews.com

Our company is registered as Mental Health Views Limited a company incorporated under the laws of England and Wales, with registered number 10935220 whose registered office is at Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA.

Agreement to these terms

By signing this agreement or by making full payment to us (whichever occurs first), I confirm that:

(i) I have read, understood and accept all of the terms and conditions stipulated in this agreement;

(ii) Where I accept an appointment date which falls within 14 days from the date that I have signed this agreement, then, I agree to opt-out and waive my rights to the Cooling Off Period;

(iii) Unless otherwise notified by myself, I give my consent and authorise Mental Health Views Limited to contact on my behalf, as appropriate, my GP and other health professionals, to obtain any documents, information or records held about me and to discuss my health;

(iv) the information provided by myself in the Referral Form is truthful and accurate.