Website Terms and Conditions of Supply

This page (together with our website terms and conditions, our privacy policy and the documents referred to in them or on this page) tells you the terms and conditions (“these Conditions”) on which we supply any of the services (“Services”) listed on our website whose home page is at http://www.mymedicalprofile.co.uk (“the Site”) to you.  Please read these Conditions carefully before ordering any Services from the Site.  You should understand that by ordering any of our Services, you agree to be bound by these Conditions.
In these Conditions the term “health professional” has the meaning given in our privacy policy.

You should print a copy of these Conditions and the other applicable terms and conditions and documents for future reference.
Please [click on the button marked "I Accept" at the end of these Conditions] if you accept them.  Please understand that if you refuse to accept these Conditions, you will not be able to order any Services from the Site.

How the contract is formed between you and us

The Services are provided by BMH Medical Associates Limited (“us”, “our”, “we”).  See our website terms and conditions for more details about us. 

The Services we offer from time to time and their characteristics are as described in the services and ordering sections of the Site.

You have to be a registered user on the Site before you can place an order for any Services.

After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer from you to us, for you to receive the Services referred to in your order.  All orders are subject to acceptance by us, and we will confirm such acceptance to you, after receiving payment from you, by sending you an e-mail that confirms that the Service will be provided (“the Service Confirmation”).  The contract between you and the service provider (“Contract”) will only be formed when we send you the Service Confirmation.

If you request a service that will be performed by a health professional, your Contract will be with the health professional who performs the service, not with us.  We will act as your agent to form a contract between you and the health professional.  If you request a service that will be performed or provided by us, your Contract will be with us.  The Service Confirmation will confirm who your Contract is with.

The Contract will relate only to those Services that we have confirmed in the Service Confirmation.  We will not be obliged to supply or procure any other Services which may have been part of your order until the provision of such Services has been confirmed in a separate Service Confirmation.  Each Service you receive from or via us will be deemed to be provided under a separate Contract from any other Service you receive from us.

If we provide or procure any trial use of any Service, you can use the Service for the trial period.  On the expiry of the trial period you may not use the Service and we may block your use of it and you will not be able to access any information you store on the Service.  If you decide to order the Service following your trial use, except as stated in condition 2.1 we will treat your order under these Conditions in the same way as any other order for any Services.

Cancellation (including Consumer rights)

When you enter into a Contract for any Service, if you are contracting as a consumer you may cancel a Contract at any time within seven working days, beginning on the day after you received the Services.  In this case, you will receive a full refund of the price paid for the Services in accordance with our refunds policy (set out in condition 5 below). 

If you participate in any free trial and use any Service you will have no cancellation right or any right to any reimbursement under this condition 2.1, including if you order the Service for payment after the expiry of the trial period.  That is because during the trial period you make no payment and so cannot have a refund, and on submitting an order you are already using the Service and so have had sufficient opportunity to decide whether you want the Service.  By ordering a Service that you use during a free trial, you agree to this condition 2.1.  That means you will be entitled to cancel the Service under these Conditions but you will not be entitled to any refund under condition 2.2.

You can cancel a Service at any time after the seven-day cooling off period.  All our Services are provided for or within a period of time (“the Service Period”) as stated in our Service Confirmation.

To cancel a Contract, you must inform us in writing. Cancellation requests should be addressed to the administrator at support@mymedicalprofile.co.uk.  You must also stop using the Service immediately, and at your own cost and risk.

Details of this statutory right, and an explanation of how to exercise it, are provided in the Service Confirmation.  This provision does not affect your statutory rights.

Availability and delivery

Your order will be fulfilled from or by the date set out in the Service Confirmation, unless there are exceptional circumstances. 

Price and payment

The price of any Services will be as quoted on the Site from time to time, except in cases of obvious error.

These prices do not include VAT, BMH Medical Associates Ltd is not a VAT registered company.

Prices are liable to change at any time.  The prices are valid for as long as they are published on the Site, but changes will not affect orders in respect of which we have already sent you a Service Confirmation.

Payment for all Services must be by credit or debit card.  We accept payment with the card providers listed on our Site.  We will not charge your credit or debit card until we despatch your order.

Our refunds policy

When you cancel a Service because you have cancelled the Contract between us within the seven-day cooling-off period (see condition 2.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Service in full.

When you cancel a Service for any reason other than under condition 2.1 above (for instance, because have notified us in accordance with condition 14 below that you do not agree to any change in these Conditions or in any of our policies, or if you have decided you no longer require a Service), we will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. 

Unless you cancel under condition 2.1 above you must pay for the proportion of the current Service Period that expires before your cancellation takes effect.  If you paid in advance for the current Service Period we will reimburse the surplus portion of your payment.  If you have yet to pay for the current Service Period, we will request a payment from your card provider.  After payment is settled we will not request any further payments from your credit or debit card provider for the cancelled Service. If your request to cancel comes within a few days of your next payment being due, however, we may have already submitted a request for your next payment and we will not be able to stop it, even if you have nothing more to pay.  In that case, if you have nothing more to pay, we will refund this payment after it has been made.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Our liability

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Service you purchased.

The exclusions of our liability set out in our website terms and conditions apply under these Conditions.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using the Site and dealing with us under any Contract, you accept that communication with us will be mainly electronic.  We may contact you by e-mail or provide you with information by posting notices on our website.  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 communications be in writing.  This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to BMH Medical Associates Limited at support@mymedicalprofile.co.uk . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 7 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns. 

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other or our respective agents, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Conditions.

Our right to vary these terms and conditions

We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 

You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Service Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).

Law and jurisdiction

Contracts for the purchase of Services through the Site will be governed by English law, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.  Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.