1 The Service
DoctorFunctionalMedicine is the provider of a Functional Medicine service (referred to as the “Service”) which supports the investigation and correction of nutritional, environmental and lifestyle factors that may contribute to chronic disease. The Service does not include the cost of tests and supplements.
2 The Service User
For the terms and conditions set out in this document, the terms the “Service User“, “you” and “your”, are used to refer to you.
3 The Service Provider
The entity providing the Service is DoctorFunctionalMedicine (referred to as “DoctorFunctionalMedicine”,“we”, “us” or “our”) which is a trading name for Hora Limited, a company incorporated and operating under the laws of Great Britain (registered number 06762737).
4 Party
DoctorFunctionalMedicine and the Service User are each a “Party” and together the “Parties”.
5 Protected Personal Health Information
Any information about health status, diagnosis or treatment that is created or collected by DoctorFunctionalMedicine, and can be linked to the Service User.
6 Additional Terms
Any updates, revisions, supplements, modifications and additional rules, policies, terms and conditions are collectively referred to as “Additional Terms”.
7 The Agreement
These Terms and Conditions together with Additional Terms collectively constitute the “Agreement” between the Parties.
8 Effective Date
The term “Effective Date” may be used to refer to any calendar dates set out in the Agreement, for example Effective Date of Agreement in the Service Agreement table, Effective Date of Termination in Section 5.1 of the Terms of Service, and Effective Date of Change in Section 6.3 of the Terms of Service.
9 Fees
Amounts set out in the Pricing section of the Service Agreement to which these Terms and Conditions are appended.
Jurisprudence
1 Entire Agreement
The Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral.
2 Choice of Law
The Service is operated by us from our offices in the United Kingdom. You agree to comply with all UK local and national laws, statutes, ordinances, and regulation that apply to your use of the Service.
3 Term
The Agreement will commence on the Effective Date stipulated in the Service Agreement table.
4 Acceptance of the Agreement
Your purchase and use of the Service is conditioned upon your prior acceptance of the Agreement. Please read the Agreement carefully and make sure you understand it. If you do not understand the Agreement or accept any part of it, then you may not use the Service. To accept the Agreement, you will be required to submit a digital signature. If you do not accept the Agreement, do not submit a digital signature and do not use the Service. You must accept and abide by the Agreement as presented to you: changes, additions, or deletions by you are not acceptable.
5 Severable
Any provision of this Agreement found by a tribunal or court of competent jurisdiction to be invalid, illegal or unenforceable will be automatically conformed to the minimum requirements of law and all other provisions of the Agreement will remain in full force and effect.
6 Waiver
A waiver of any provision of the Agreement must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions. Any failure on our part to enforce any rights or provisions in the Agreement will not constitute a waiver of such provision, or any other provision of the Agreement.
Privacy
1 Our Commitment To You
We are committed to protecting the privacy of your personal and health information. DoctorFunctionalMedicine is the sole owner of the information you submit directly to us. We will not sell, share or rent this information to others in ways different from what is disclosed in the Agreement.
2 Third Party Sites and Providers
We may use links to other sites on our website and in other communication with you. Additionally, we may use third party providers to deliver parts of the Service: DoctorFunctionalMedicine is not responsible for the privacy practices or the content of third party sites and providers.
3 Personal Information We Collect
In order to administer parts of the Service, you may be required to give contact information such as an email address and other personal information. We may collect information that you voluntarily provide to us through questionnaires or surveys.
4 How We Use Your Information
We use your personal information to provide you with the services or products that you request, to respond to your questions about the Service, billing or use of our website, and to evaluate the Service and products we provide. With your consent, we may use your information to send additional information that may be of interest to you. We may send email to any address we obtain, once, to obtain this consent. You may elect at any time to discontinue receiving any promotional emails and materials at any time. If at any point we decide to use personally identifiable information in a manner different from the Agreement in place at the time the information was collected, we will notify you via email. You will have a choice as to whether of not you permit the use of your information in a different manner.
5 Security
Any protected personal health information we hold is protected both online and offline. We use AES and SSL encryption to transmit protected personal health information. Access to your protected personal health information is restricted in our workplace. Only our employees who need the information to perform a specific task have access to protected personal health information. Our employees are trained in our security and privacy practices, and our servers that contain protected personal health information are kept in a secure environment.
6 With Whom We Share Your Information
Beyond our employees, we may include part of your protected personal health information, only as strictly necessary, in communication with test service providers and health care providers to whom we may refer you with your consent.
7 Notice of Data Processing
Under the General Data Protection Regulation (GDPR) issued by the European Commission, DrFunctionalMedicine is a controller and/or processor, as applicable, of your personal data. We will comply with the obligations applicable to us under the GDPR Legislation with respect to the processing of your personal data.
Email and Internet Use for Protected Personal Health Information
1 Risks
1.1 We provide you the opportunity to communicate with the practice by email. Transmitting confidential health information by email, however, has a number of risks, both general and specific, that should be considered before using email.
1.2 General email risks are the following
Email can be immediately broadcast worldwide and can be received by many intended and unintended recipients; recipients can forward email messages to other recipients without the original sender(s) permission or knowledge; users can easily misaddress an email; email is easier to falsify than handwritten or signed documents; backup copies of email may exist even after the sender or the recipient has deleted his/her copy.
1.3 Specific email risks are the following
Email containing information pertaining to diagnosis and/or treatment must be included in the protected personal health information; all individuals who have access to the protected personal health information will have access to the email messages. If you send or receive email from your place of employment, you risk having your employer read your email.
2 Your Consent
2.1 You consent to the use of encrypted email for protected personal health information after having been informed of the above risks. Consent to the use of email includes agreement with the following conditions:
2.2 We may forward email messages within the practice and to test service providers as necessary for administration and treatment. However, we will not forward email outside the practice and test service providers without your consent.
2.3 We will endeavor to read email promptly but can provide no assurance that the recipient of a particular email will read the email message promptly. Therefore, email must not be used in a medical emergency.
2.4 It is the responsibility of the sender to determine whether the intended recipient received the email and when the recipient will respond.
2.5 Because some medical information is so sensitive that unauthorised disclosure can be very damaging, unencrypted email should not be used for communications concerning diagnosis or treatment of AIDS/HIV infection; other sexually transmissible or communicable diseases, such as syphilis, gonorrhea, herpes, and the like; Behavioral health, Mental health or developmental disability; or alcohol and drug abuse.
2.6 We cannot guarantee that electronic communications will be private. However, we will take reasonable steps to protect the confidentiality of the email or internet communication but we are not liable for improper disclosure of confidential information not caused by our employees’ gross negligence or wanton misconduct.
2.7 If consent is given for the use of email, it is your responsibility to inform us of any types of information you do not want to be sent by email.
2.8 To protect confidentiality, it is your responsibility to protect your password or other means of access to email sent to or received from us, and to protect your password or other means of access to third party services associated with the care we provide. We are not liable for breaches of confidentiality caused by you.
2.9 You have read this document carefully and understand the risks and responsibilities associated with the use of email. You agree to assume all risks associated with the use of email.
2.10 Any further use of email initiated by you that discusses diagnosis or treatment constitutes informed consent to the foregoing.
3 Withdrawing Your Consent
Your consent to the use of email may be withdrawn at any time by email or written communication to us.
Termination of Service
1 Termination for Convenience
Either Party may terminate the Agreement at any time by providing written notice by email to the other Party without payment of any termination fees, charges or penalties in connection therewith, except for any Fees, charges and other amounts that have become due and payable by the Service User prior to the Effective Date of Termination which is the date on which written notice is delivered to the email inbox of the informed Party. We will not be liable to you or to any third party should we exercise the right to suspend or discontinue the Service with or without notice to you.
2 Termination for Non-Compliance
2.1 If you fail, or if we suspect that you have failed to comply with any of the provisions of the Agreement, including but not limited to failure to make payment of Fees due, or failure to provide us with accurate and complete registration information, we at our sole discretion, without notice to you may:
2.1.1 terminate the Agreement and you will remain liable for all amounts due under the Agreement up to and including the date of termination; and/or
2.1.2 prevent or refuse access to the Service.
General Provisions
1 Written Communication
The Service User accepts that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractural purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communication be in writing. This condition does not affect your statutory rights.
2 Notification
2.1 From you to us
Any notice you wish to send to us by post must be addressed to:
DrFunctionalMedicine
9 Weymouth Street
London
W1W 6DB
United Kingdom
Or, may be sent by email to [email protected]
2.2 From us to you
We may send you notice using either the email or postal address you provide to us. Notice will be deemed to have been received and properly served immediately when posted on our website, twenty-four hours after an email is sent, or three days after the date of posting of any letter.
3 Changes
We reserve the right, at any time and from time to time, to update, revise, supplement and otherwise modify the Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Service. Additional Terms will be executed in writing and will be effective immediately. Your continued use of the Service will be deemed to constitute your acceptance of any and all Additional Terms. All Additional Terms are hereby incorporated into the Agreement by this reference. We will identify that the policy has changed by changing the Effective Date at the end of this document so please check the policy often.
4 Force Majeure
Neither Party will be liable for delays caused by any event beyond its reasonable control, except non-payment of amounts due under the Agreement will not be excused by this provision.
Terms of Sale
Accessibility
Purchase of the Service is available for persons over the age of 18.
Payment Method
We accept payment online by credit card or debit card and bank transfer. Cardholders are responsible for online transactions.
Payment Terms
1 Monthly Membership Subscription
Payments will be by direct debit or by automated charge to a credit or debit card provided by you.
2 End of Subscription
At the end of the paid membership period, where a direct debit exists, we will cancel the direct debit; where an automated charge on a credit card or debit card exists, we will cancel the charge.
3 Fees payable on Receipt of Invoice
From time to time, we may prepare and send you, at the then-current contact information we have for you on file, an invoice for any Fees and other amounts due and payable hereunder. Unless otherwise expressly stipulated in an invoice, the Service User will pay, via bank transfer, credit card or debit card, all invoiced Fees and other amounts immediately on receipt of the applicable invoice.
Private Healthcare Insurance
We do not accept private healthcare insurance and we cannot assist you with claim resolution.
No Refund or Proration of Fees
We will not refund or prorate any Fees paid or payable hereunder if the Agreement is terminated for any reason, other than termination by us for convenience pursuant to Section 5.1 of the Terms of Service.
