Call Us: +44 (0)208 959 7984
GENERAL DISCLAIMER AND TERMS OF USE AND CONDITIONS
The contents of the www.annomohhealth.com website, diagrams, pictures, images, videos, graphics text are for informational purposes only. The contents on www.annomohealth.com is not a substitute for professional medical advice, diagnosis, or treatment.
Although www.annomohealth.com is run by experienced doctors, we do not provide medical advice through this service. We however connect client to the best medical doctors or hospitals for client’ specific medical condition.
Medical Information on www.annomohealth.com site are for information purposes only and we strongly suggest that client seek medical advice from a physician or other qualified health providers. Clarification on health issues should also be directed to qualified physicians or health providers. Annomo Health does not give medical advice but assists in recommending and finding the suitable and qualified health care practitioner arising from client’ needs.
Annomo Health can provide suitable medical help from client’ information. Annomo Health is not liable for wrong match arising from client’ wrong information. To benefit from Annomo Health, wealth of qualified health practitioners, client are required to clearly provide proper and true information to Annomo Health. Additional information may be required from client to help in the proper selection of the qualified medical practitioner. Client shall not withhold such information.
Means of information could be vis telephone, email, channels via social media. The client agrees to be bound by such communication via social media. Annomo Health reserves the right to remove a client from their medical match list upon receipt of continuous false information from the Client, twice in a transaction. Client may be liable to a penalty charge.
In no event shall ww.annomohealth.com, its licensors, its suppliers, or any third parties or affiliates be held liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of www.annomohealth.com website or the contents thereof.
Annomohealth.com makes recommendations for the best medical doctors however, Annomo Health shall not be held liable nor negligent for services rendered by the medical practitioners to Client. Annomohealth.com shall not held liable for any disputes, medical related complications or delays between our Client and third parties. We encourage feedback from Client to enable us ensure that the defaulting medical practitioner is investigated/ removed from our network of providers.
SUBMISSION OF USER PERSONAL INFORMATION
When Client provide personal information to www.annomohealth.com we will provide this to third party healthcare providers or affiliated companies who may be able to assist the client or so that they can provide information to us to relay to client about a medical procedure the client inquired about. Annomohealth.com will also keep this information in our database to contact client at later dates. This information is destroyed one month after the end of client contract unless client are a member of Annomohealth.com. By providing any personal or medical information the client hereby agree that Annomo Health may send it to third parties and that user hereby waives any liability towards Annomo Health and indemnifies www.annomohealth.com for any use of the information by www.annomohealth.com. Client must be an adult (18 years and above) to submit a request or contact information on this website
JURISDICTION
Client expressly agree that exclusive jurisdiction of the courts of England and Wales apply to any dispute with Annomohealth.com
These Terms and Conditions are governed by the substantive laws of the England and Wales, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
In the above terms and conditions, the following rules apply:
- A person includes a natural person, corporate or unincorporated body ( whether or not having legal personality) in any jurisdiction whatsoever;
- A reference to a party includes its personal representatives, successors or permitted assigns;
- A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
- Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
- A reference to writing or written includes e-mails.
2. MEMBERSHIP APPLICATIONS AND MEMBERSHIP CARD
2.1. All Membership applications are subject to acceptance by Annomo Health at its sole discretion. Annomo Health shall notify applicants in the event that his or her Membership application has been accepted or rejected. Annomo Health is under no duty to disclose its reasons for rejecting any Membership application. Application fees are non- refundable.
2.2. Client are obliged to provide correct personal details when Client apply for Membership. Failure to do so may invalidate Client’s Membership and any subsequent transactions. Client’s responsibility to provide accurate information is a continuing obligation.Client must notify Annomo Health promptly in the event that any information provided by Client in connection with Client’s Membership changes.
2.3. Annomo Health operates offices in a number of territories worldwide. Annomo Health encourages Members with residences in multiple territories to register for Membership with the Annomo Health office in their territory where their primary residence is located in the first instance.
2.4. Annomo Health will issue Client with a Membership Card together with associated Membership documentation as soon as possible following receipt of Client Joining Fee and Membership Fee.
2.5. Client Membership is personal to Client. Client are responsible for ensuring that no one (other than Client authorised representative, where applicable) uses Client’s Membership card. Details of these authorised representatives are to be named in the Membership form.
2.6. Access to and use of Client’s personalised Membership section of the Website is through a combination of user name and password. Client are solely responsible for maintaining the confidentiality and access toClient’s user name and password and Client agree to notify Annomo Health immediately if Client believe that there has been any breach of security, including the unauthorised use of Client name and password.
2.7. Annomo Health will take all reasonable steps to ensure that client data is handled securely and in accordance with the Annomo Health’s privacy policy, further details of which are set out in Clause 10.1. Please note that all information client provides to Annomo Health is stored on our secure servers. Any payment transactions carried out by Annomo Health or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology and will be updated where new and tested technology is available.
2.8. Client must notify Annomo Health immediately by email at memberships@annomohealth.com, where Client’s Membership Card is stolen or lost.
3. MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND RENEWALS
3.1. For the first year of Client Membership, Membership Fees and the Joining Fees payable shall be confirmed to Client prior to acceptance of Client Membership application. The Joining Fee shall be payable in full upon acceptance of Client Membership application. Any increase or decrease to the Membership Fees for subsequent years of Membership will be notified to all Members in advance or their Renewal Dates.
3.2. Client acknowledges that Client’s payment of the Joining Fee constitutes Client’s express request for AnnomoHealth to begin to provideClient with our Services.
3.3. Subject to Clauses 3.5, 3.6 and 3.12, Membership Fees are non-refundable. Client Joining Fee covers our costs in setting up Client Membership and is non-refundable in all circumstances.
3.4. Client has the right to cancel Client Membership until the end of 14 days (“Cancellation Period”) after which, it is deemed that Client has requested to join as a member and AnnomoHealth has accepted Client’s Membership application.
3.5. Where Client cancels its Membership within the Cancellation Period, Client will be reimbursed its Membership Fee less statutory deductions and service performed, prior to cancellation by Client.
3.6. AnnomoHealth reserves the absolute right to cancel or suspend Client Membership where it has reason to do so. If AnnomoHealth cancels Client Membership, where it is reasonable to do so AnnomoHealth shall refund the balance of the current annual Membership Fee on a pro rata basis in respect of the unexpired period to which the annual Membership Fee relates.
3.7. Membership Fees are due on acceptance of Client Membership application and annually thereafter (the “Renewal Date”), and full payment will be taken by AnnomoHealth annually in advance by direct debit or payment by a credit or debit card (“Payment Card”) authorized by Client for Membership Fees which Client have authorised us to deduct such payment from in accordance with the relevant invoice.
3.8. Where Client have provided us with details of a Payment Card or have authorised a direct debit mandate, Client hereby expressly authorise AnnomoHealth to deduct and collect renewal Membership Fees up to twenty – eight (28) days prior to or on Client’s Renewal Date. Alternatively Client will be contacted directly in order to renew Client’s Membership.
3.9. If Client does not wish to renew Client’s Membership, Clientshall notify AnnomoHealth at least thirty (30) days prior to Client’s Renewal Date.
3.10. If Client do not notify us in accordance with Clause 3.9, AnnomoHealth shall automatically renew the Membership and charge the Client, who is liable to pay the Membership Fee.
3.11. AnnomoHealth (and its affiliated international offices) reserve the right to refuse to provide the Services should any payment due under these Conditions be outstanding.
3.12. If, during the course of Client’s current Membership andClient wishes to upgrade its Membership to a higher grade of Membership orAnnomoHealth reasonably requests Client to upgrade Client’s Membership based on Client’s usage of the Services, the difference in fees between the two categories of Membership will be payable on a pro rata basis. If Client does not accept AnnomoHealth’s request for Client to upgrade Client’s Membership then AnnomoHealth reserves the right to cancel Client’s existing Membership with immediate effect, since Client’s needs cannot be met under the existing Membership grade, in which case Client will be entitled to a pro-rata refund in respect of the period from the date of cancellation until the end of the relevant Membership year for which Client have paid Membership Fees.
3.13. AnnomoHealth may at Client’s request purchase goods or services on Client’s behalf. In the event that AnnomoHealth acts as a credit agent in this regard or any transaction, Client hereby authorises the deduction of the owed sum from Client’s Payment Card immediately.
3.14. Where the Client knowingly does not fund the account for debit and refund of expended sum by AnnomoHealth, a 2% penalty interest shall apply on a weekly basis. Further non- recovery of the outstanding sum by Client shall be recovered through legal means.
4. SUPPLY OF SERVICES
4.1. Annomo Health shall supply the Services to the Member during the Membership in accordance with the Member’s particular Requests, provided that Annomo Health shall not be required to provide or facilitate the supply of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
4.2. Annomo Health shall use its reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any Services.
4.3. Annomo Health shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Annomo Health shall notify the Member in any such event.
4.4. Services will be provided in English (and in other languages depending on the location of the Annomo Health office during normal business hours).
4.5. Outside normal business hours (or as may otherwise be required from time to time), Member queries and/or Requests may be routed to an alternative Annomo Health office for assistance. At such times, services will be provided in the English language.
4.6. Client acknowledges that Annomo Health reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
4.7. Telephone calls to Annomo Health may be monitored or recorded for training and quality control purposes.
4.8. Annomo Health shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with Client’s requests and reasonable instructions from time to time.
5. RESTAURANTS AND CLUBS:
5.1. Where client uses the restaurant booking service, client hereby authorises Annomo Health to debit client’s payment card for any deposit paid by Annomo Health on behalf of client to the restaurant which is forfeited as a result of client’s cancellation of the booking.
5.2. When client use the restaurant booking service, client agrees that where client cancels a restaurant booking within 24 hours of the time the restaurant reservation is made client shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.
5.3. Annomo Health reserves the right to deny restaurant requests from Members if Members repeatedly fail to honour their bookings or continuously violate cancellation policies.
5.4. Admission of Members to any club premises is at all times is at the sole discretion of the Club Supplier and Annomo Health shall bear no liability where a Member is refused admission to a club.
5.5. Tickets: Annomo Health may be able to obtain “best tickets” for Client in relation to sold out events through one of its ticket agent partners. Please note that by instructing Annomo Health to obtain such tickets on behalf of Client,Client agrees to purchase tickets above face value and the total cost may include a service charge to Annomo Health in respect of our provision of services to obtain the seats for Client. Annomo Health is not the seller of the tickets and is not responsible for fulfilment of Client’s order.
5.6. All such tickets and ticket agent partners (who shall be the seller in respect of this transaction) shall have their own terms and conditions (which we suggest Client should read). Such terms and conditions are likely to include terms which state that sales of tickets are final and no refunds shall be issued after the purchase has been made. Annomo Health shall not be able to provide Client with any refund or obtain any such refund on Client’s behalf.
5.7. In the event of a show being cancelled directly by the artist/promoter, it may be possible to obtain a refund of the face value of the relevant tickets.
5.8. Annomo Health or its ticket agent partner will despatch Client’s tickets through delivery agents at standard rates. Please note that Annomo Health shall not be liable for any failure by delivery agents to deliver Client’s tickets.
6. PLACING A REQUEST
6.1. Members may place requests by telephone (which does not include text messages), e-mail or through the Members’ section of the Website.
6.2. Members should always contact their primary office in the first instance to manage all requests (including international requests).
6.3. Annomo Health, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.6.4. If Annomo Health is unable or not obliged to deal with any Request, it will inform the Member as soon as reasonably practicable.
6.5. Client undertake that all details client provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the debit, credit and/or Payment Card Client use from time to time is client’s own and that Client have sufficient funds to cover the cost of the product or service.
6.6. From time to time the procurement or provision of certain services, products or benefits may incur a Annomo Health services fee or handling charge (of which client will be notified in advance, and which may vary between Annomo Health offices) and in such event client hereby authorise Annomo Health to debit client’s Payment Card with any such handling charges or, alternatively, to invoice client in respect of such fees or charges.
7. CANCELLATIONS, REFUNDS AND RETURNS
7.1. The Member acknowledges that the sales contract for the supply of goods and/or services made as a result of a request is between the Member and the relevant Supplier and that Annomo Health is not a party to such contract. Cancellation of contracts with Suppliers should be addressed with the Supplier directly and will be subject to the relevant Supplier’s policies.
7.2. If a Request for a specific product or service is not available, Annomo Health may offer client substitute products or services of a similar description and standard. Client may at client’s sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the Supplier for the unavailable product or service.
7.3. All descriptions of any products, services or Benefits on the Website have been approved by the relevant Supplier. Annomo Health shall not be liable for inaccurate or misleading descriptions.
7.4. Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
7.5. The Member further acknowledges that for goods purchased on his or her behalf by Annomo Health directly from a supplier, returns and exchanges will be subject to the terms and conditions of that supplier and returns or exchange of goods purchased may not always be permitted. In circumstances where Annomo Health is asked to source a specific item for a Member, Annomo Health shall inform the Member of the refund and exchange policy of that Supplier in advance. Annomo Health shall not be liable to the Member where a Supplier does not accept the return or exchange of an item.
7.6. It shall be the Member’s sole responsibility to retain all proof of return of goods to a Supplier, we recommend returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.
7.7. We will inform Client when we become aware that a refund of an order has been processed by a Supplier.
7.8. Where orders are delivered outside the EU, any applicable customs duties and sales taxes shall not be refundable through Annomo Health. It shall be the Member’s sole responsibility to recover such monies. Annomo Health shall have no liability for any items held by any customs or border agency.
7.9. In the case of premium courier services, if the Member is not at the specified Delivery address to receive their Order at the scheduled time, the Member may incur further charges for subsequent attempts to re-deliver the goods.
8. SUPPLIERS
8.1. Suppliers are responsible for providing client with the services, products and benefits which client requests Annomo Health to order on its behalf from time to time. Annomo Health shall communicate with Suppliers unless it is appropriate for client to contact the Supplier directly.
8.2. Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that supplier to client, and such terms and conditions shall be binding upon client at the time of order.
8.3. When ordering a product or service or accessing a benefit, client may be required to provide client’s Payment Card details. If client request and authorise Annomo Health to use client’s Payment Card in order to pay a Supplier for products or services, client acknowledges and agrees that Annomo Health shall not bear any liability or be responsible in any way whatsoever in respect of the use of client’s Payment Card provided that Annomo Health acts in accordance with the instructions issued by client in relation thereof.
8.4. Client acknowledges that the benefits are subject to availability and may change from time to time without notice.
8.5. If Annomo Health’s performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Member or failure by the Member to perform any relevant obligation (Member Default):
- (a) Annomo Health shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Member remedies the Member default, and to rely on the Member Default to relieve it from the performance of any of its obligations to the extent the Member Default prevents or delays Annomo Health’s performance of any of its obligations;
- (b) Annomo Health shall not be liable for any costs or losses sustained or incurred by the Member arising directly or indirectly from Annomo Health’s failure or delay to perform any of its obligations as set out in this clause 7.5; and
- (c) the Member shall reimburse Annomo Health on written demand for any costs or losses sustained or incurred by Annomo Health arising directly or indirectly from the Member Default.
9. LIMITATION OF LIABILITY
9.1. Nothing in these Conditions shall limit or exclude Annomo Health’s liability for:
- (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- (b) fraud or fraudulent misrepresentation; or
- (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
- (d) Annomo Health shall not be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership; and
- (e) Annomo Health’s total liability to the Member in respect of all other losses arising under or in connection with their Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Member’s annual Membership Fee.
10 To 14
10. Client’s contract for the supply of products or services is made with the relevant Supplier only. Annomo Health acts as an agent for the Supplier and, unless expressly provided otherwise, all clients rights and remedies are against the Supplier.
11. Client acknowledge that any contract entered into by client with any supplier is an independent contract. Annomo Health hereby disclaims any and all liability for any act or of any supplier or any loss incurred by client as a result of any act or omission of a Supplier whether or not arranged through the Annomo Health.
12. Annomo Health shall have no liability to client for any loss, damage, costs, expenses or other claims for compensation arising from requests or any instructions supplied by client which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any member default.
13. Annomo Health shall not be liable to client or be deemed to be in breach of these conditions by reason of any delay in performing, or any failure to perform, any of Annomo Health’s obligations in relation to the services, if the delay or failure was due to any cause beyond Annomo Health’s reasonable control.
14. Except as expressly set out in these conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these conditions. This clause shall survive termination of these conditions.
15. COMMENCEMENT AND TERMINATION
15.1. These Conditions shall take effect and be binding upon the Member and Annomo Health (UK) Limited upon acceptance by Annomo Health of client’s membership application. These conditions shall be applicable for the duration of client’s membership and shall only cease to have effect upon the expiry or termination of client’s membership. Client agrees that client’s only rights and remedies under these conditions shall be against Annomo Health (UK) Limited and no other entity.
16. GENERAL
16.1 . Privacy and Data Protection
The Services and Client’s Membership are subject to the AnnomoHealth’s privacy policy, incorporated into these Conditions by reference and set out at the following web address: http://www.AnnomoHealth.com/privacy_policy.htm… which applies at all times in relation to any data that we collect from Client.
16.2 . Assignment and subcontracting:
(a) Annomo Health may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these conditions to any third party or agent.
(b) The Member shall not, without the prior written consent of Annomo Health, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these conditions.
17. Waiver
a) A waiver of any right under these conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under these conditions are cumulative and do not exclude rights provided by law.
18. Severance
(a) If a court or any other competent authority finds that any provision of these conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these conditions shall not be affected.
(b) If any invalid, unenforceable or illegal provision of these conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
19 To 22
19. Variation: Annomo Health may vary these conditions from time to time and will notify client of any changes in a timely manner. Notification will be by some or all of the following: Annomo Health Newsletter, the Website, by Email or by phone. Client’s continued use of client’s cembership constitutes acceptance of such variations to these conditions.
20. No partnership: Nothing in these conditions is intended to, or shall be deemed to constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
21. Third parties: A person who is not a party to these conditions shall not have any rights under or in connection with it.
22. Governing law and jurisdiction: These conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
1. Interpretation
1.1 Definitions:
Business Day. We are open 24 hours a day except Christmas Day December 25th for business.
Charges. The charges payable by the MP for the supply of the Services in accordance with clause 5.2.
Contract. The contract between the Introducer and the MP for the supply of Services in accordance with these Terms and Conditions.
Cover letter. The cover letter sent to or attached to the Contract by the Introducer dealing with the Charges and any other matters relating to the Services.
Intellectual Property Rights. Patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Introducer. Annomo Health Limited registered in England and Wales with company number 08560716 based at 44 Cavendish Avenue, Finchley N3 3QN.
Medical Information. Medical records of the Patient and any other medical information associated with the Patient.
Medical Provider (MP). A doctor or medical consultant, as well as hospitals, clinics and other healthcare professionals such as (but not limited to) a nurse, physiotherapist, psychologists etc. who will be providing medical treatment, diagnostics or investigations and any other medical services or treatment related services to the Patient required in each individual case.
Party. Includes the Introducer and the MP.
Patient. A person receiving medical treatment from an MP as a result of the Services.
Patient Sponsor. An organisation or body that will be responsible for payment of MP medical treatment provided and includes (but is not limited to) governments (embassies), companies sponsoring international patients and insurance providers that cover patients for international treatment.
Patient Referral Sources. Medical repatriation companies, medical travel/tourism agencies and other referral sources including (but not limited to) international hospitals/clinics and medical professionals such as Doctors, Physiotherapists, nurses etc.
Services. The Introducer is to act as an introduction/co-ordination agent between the MP and the Patient or the Patient Sponsor or the Patient Referral Sources in relation to a Patient requiring medical treatment in the UK. The Introducer will source and refer the Patient to the MP and the MP will provide medical care to the Patient. For the avoidance of doubt the Introducer is not providing medical or other treatments itself and the “Services” do not include medical or other treatments.
1.2 Interpretation:
- A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted. b.Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms c. A reference to writing or written includes fax and email.
- Supply of Services:
2.1 The Introducer shall supply the Services to the MP acting as introduction, co-ordination or referral agent between the MP and the Patient or Patient Sponsor or Patient Referral Sources.
2.2 The Introducer shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which materially affect the nature or quality of the Services, and the Introducer shall notify the MP in any such event.
2.3. Conditions: These terms and conditions can be amended from time to time without notice.
2.4. Hourly fees: Payment are charged hourly by Annomohealth.com
2.5. Joining Fee: Fees payable by Member(s) as a group or as an individual who wish to jointhe AnnomoHealth Club
2.6. Membership: Membership means membership of Annomohealth
2.7. Membership Fees: Fees payable yearly as a member of Annomohealth
2.8. Website: Means the website of annomohealth which is www.annomohealth.com
2.9. Services: Means the Health Concierge and Lifestyle management provided by Annomohealth
2.10. Single Fees: Payment made for individual services of Annomohealth.com
Supplier: Third parties engaged by Annomohealth to provide goods and services for Client.
2.3 For the avoidance of doubt nothing in this Contract shall be construed as creating a relationship of employer/employee between the Introducer and the MP.
- MP’s obligations 3.1 The MP Shall:
- Quote and invoice the Introducer for the services provided to the Patient by the MPwithin 30 days of the provision of each medical intervention including (but not limited to) any intervention, procedure or consultation provided by the MP (which invoice amount shall be agreed with the Introducer and not changed without the prior written consent of the Introducer) and, for the avoidance of doubt under no circumstances is the MP to directly invoice the Patient or the Patient Sponsor; b. not disclose to the Patient or the Patient Sponsor any quotes or invoices provided by the MP to the Introducer in all matters relating to the MP’s services or the Services. c. co-operate with the Introducer in all matters relating to the MP’s services and the Services; d. provide the Introducer with such information and materials as the Introducer may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and e. obtain and maintain all necessary licences, permissions approvals and consents which may be required for the provision of services by the MP to the Patient, Patient Sponsor or Patient Referral Sources before the date on which the Services are to start including any required registration with the Care Quality Commission. f. not be entitled to hold the Introducer responsible for any acts or omissions of the Introducer if they result from or are caused by any information provided by the MP which is not complete and/or accurate in all material respects. g. indemnify the Introducer on written demand for any costs, losses or liabilities sustained or incurred by the Introducer arising directly or indirectly from the MP‘s acts or omissions including any default. h. for the duration of the Contract and for such time thereafter as the Introducer may require (not being less than six years) maintain in force with a reputable insurance company medical negligence, professional indemnity, public liabilities and employers liability insurance to cover the liabilities that may arise under or in connection with the Patients, Patient Sponsors or Patient Referral Sources and shall at the Introducer’s request produce appropriate insurance certificates and evidence of premiums paid.
- Introducer’s obligations:
4.1 Where the Patient is self-funding, the Patient is responsible for paying the Introducer in respect of the MP’s invoices/quotes and the Introducer shall be responsible for collecting payment from such Patient as agent for the MP in accordance with the MP’s invoices/quotes for the work which shall be carried out by MPs, prior to the Introducer authorising the MP to carry out any such work, which will include (but shall not be limited to) medical treatment, investigations or any other medical services or treatment related work, as shall be required in each individual case.
4.2 The Introducer shall be responsible as agent for the MP for collecting the payment following the MP’scompletion of medical treatment / investigations / services to Patients who have a Patient Sponsor from the Patient Sponsor where such sponsored Patients are in possession of a letter of guarantee (LOG) from a Patient Sponsor. For the avoidance of the doubt, the Introducer shall only collect the payment from the Patient Sponsor in relation to specific medical services or treatment related services identified in the LOG.
4.3 For the avoidance of the doubt, the Introducer shall not be responsible for or liable for any MP’s fees / charges associated with any MP services to Patients and or Patient Sponsors or Patient Referral Sources where the Introducer is not able to collect such payments having acted reasonably in trying to do so.
4.4 Time shall not be of the essence of the performance of the Services unless expressly agreed in writing.
- Chargers and payment: 5.1 The MP’s charges and the Charges for the Services shall be on a following basis:
- Only after having been paid directly by the Patient or Patient Sponsor, or other person the Introducer shall pay within 30 days of receipt the amounts due and owing to the MPin accordance with an undisputed invoice (and where such invoices have been agreed in writing by the Introducer) , sent to the Introducer by the MP less any amounts due and payable to the Introducer including in particular those amounts as set out in Clause. b. For the avoidance of doubt any further medical care after any original intervention, including (but not limited to) any follow-up appointments and further procedures or interventions, provided by the MP to the Patient shall be invoiced by Introducer acting as agent for the MP and shall be paid for pursuant to this clause.
5.2 The Charges shall:
- Be as set out in the Cover Letter and shall be payable by the MPif payment is not received by the Introducer in accordance with Clause 5.1 and the Patient or Patient Sponsor or other person pays the MP direct. Invoices shall be paid within 30 days of the date of the invoice and in full and cleared funds to a bank account nominated in writing by the Introducer and for the avoidance of doubt time for payment is of the essence of the Contract. If payments are not made by the due date the Introducer may charge interest on the overdue amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. For the avoidance of doubt all payments shall be paid in full without any deduction or withholding except as required by law and no credit, set-off or counterclaim can be made. b. if the MP does not invoice the Introducer within 30 days of the provision of each intervention in accordance with Clause 3.1 a. or if the MP invoices the Patient or the Patient Sponsor instead of invoicing the Introducer then in respect of each such intervention there will be deducted an amount equal to 20% of amount due and owing to the MP for each such intervention.
5.3 All amounts payable under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract, any such additional amounts in respect of VAT shall be chargeable.
- Intellectual property rights.All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Introducer.
- Limitation of liability:
7.1 Nothing in this Contract shall limit or exclude the Introducer’s liability for death or personal injury caused by its negligence.
7.2 For the avoidance of doubt the Introducer shall not be liable for the services provided by the MP to the Patient, Patient Sponsor or Patient Referral Sources including any act or omission of the MP or those employed or engaged by the MP including negligent medical care or for the Patient or Patient Sponsor’s or Patient Referral Source failure to pay the charges which may be due to the MP in accordance with Clause 4. The Introducer’s liability shall be limited only to the provision of the Services (being an introduction of the MP to the Patient or Patient Sponsor and co-ordination of the introduction and referral process.) in accordance with this Clause 7.
7.3 The Introducer shall not be responsible for any disclosure of the Patient’s Medical Information by the MP to any third party.
7.4 Subject to Clause 7.1 the Introducer shall not be liable to the MP whether in contract, tort, (including negligence, breach of statutory duty or otherwise) for any loss of profit (whether indirectly or directly incurred) or any indirect or consequential loss arising under or in connection with the Services and this Contract.
7.5 Subject to Clause 7.1 the Introducer’s total liability to the MP in respect of all losses, costs and liabilities arising under or in connection with the Services and this Contract whether in contract, tort (including negligence), breach of statutory duty or otherwise is limited to the value of the Charges received by the Introducer.
7.6 Except as set out in this Contract all warranties, conditions and other terms implied by statute or common law are to the extent permitted by law excluded from the Contract.
7.7 This Clause 7 shall survive termination of the Contract.
- Termination:
8.1 Without limiting its other rights or remedies or for obligations it may have already incurred, for payments or charges which are or which become due and payable either Party may terminate the Contract by giving the other Party 1 months’ written notice.
8.2 Without limiting its other rights or remedies or otherwise as set out in Clause 8.1, either Party may terminate the Contract with immediate effect by giving written notice to the other Party if:
- the other Party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7days of that Party being notified in writing to do so; b. the other Party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; c. the other Party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or d. the other Party’s financial position deteriorates to such an extent that in the terminating Party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
8.3 Without limiting its other rights or remedies, the Introducer may suspend provision of the Services under the Contract or any other contract between the MP and the Introducer if the MP becomes subject to any of the events listed in clauses 8.2 a. to 8.2 d. above or the Introducer reasonably believes that the MP is about to become subject to any of them.
- General:
9.1 Force majeure. Neither Party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control.
9.2 Assignment and other dealings:
- The Introducer may (acting reasonably) at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent. b.The MP shall not, without the prior written consent of the Introducer, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.
9.3 Confidentiality and Data Protection:
- Each Party undertakes that it shall not at any time during the Contract, and for a period of 1 year after termination of the Contract, disclose to any person any information of a confidential nature concerning the business, personal details, affairs, MPs, Client or suppliers of the other Party, except as permitted by clause 9.3 b.below. b. Each party may disclose the other Party’s confidential information:
- to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the Party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other Party’s confidential information comply with this clause 9.3; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- Neither Party shall use the other Party’s confidential information for any purpose other than to perform its obligations under the Contract. d.The Introducer and MP acknowledge their respective obligations arising under the Data Protection Act 1988, the Human Rights Act 1988 and under the common law duty of confidentiality and will use their reasonable endeavours to assist each other as necessary to enable compliance with those obligations. At the request of the Introducer the MP shall take such reasonable steps as are necessary to assist the Introducer in complying with its obligations to any public authority in connection with the Freedom of Information Act 2000.
9.4 Entire agreement:
- This Contract constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. b.Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
9.5 Variation. No variation of the Contract shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).
9.6 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
- waive that or any other right or remedy; or b. prevent or restrict the further exercise of that or any other right or remedy.
9.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
9.8 Notices:
- Any notice or other communication given to a Party under or in connection with the Contract shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other Party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email. b.A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 9.8 a. above; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission. c. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
9.9 Third parties. No one other than a Party to the Contract shall have any right to enforce any of its terms.
9.10 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
9.11 Jurisdiction. Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
2. Entire Agreement
These Terms and Conditions and constitute the entire agreement between Client and Annomohealth.com in respect to the use of the Annomohealth.com website and Content.