TERMS AND CONDITIONS
Please read these Terms and Conditions carefully before you start to use the website. By using our website and services, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using our website and services. All consultations and treatments are subject to the Terms and Conditions of these website.
You should print a copy of these terms and conditions for future reference.
Terms and conditions apply to all transactions placed online, by telephone, post or in person with ABC Travel Clinic. Please read carefully before placing any order. All references to the ‘company’, ‘us’ or ‘we’ refer to ABC Travel Clinic Ltd. All references to the customer shall mean the person or persons purchasing or agreeing to purchase goods from the company. All references to the Web Site shall include reference to all URL’s owned by the ABC Travel Clinic Ltd. All contracts are governed by and construed in accordance with English Law and any dispute between us will be resolved exclusively in the courts of England and Wales. Nothing in these terms and conditions will be deemed to affect your statutory rights. ‘By using this site you are agreeing to these terms and conditions’. All transactions with the ABC Travel Clinic Ltd will be governed by these terms and conditions.
Orders are accepted by Online transaction (secure server). All credit / debit card transactions are subject to validation checks and are authorised by the card issuer. We accept MasterCard,Visa, Delta, Switch and Solo. Should your card issuer refuse to authorise payment to us, we will not be liable for any delay and / or non-delivery of your order. No orders will be accepted or processed without a valid card payment in the name of the registered cardholder.
All orders placed on a Bank Holiday or weekend will be processed the next working day.
We are unable to dispatch any product for international delivery. We can only supply medication orders for collection from ABC Travel Clinic.
1.1 Definitions. In these Conditions, the following definitions apply:
“Conditions” these terms and conditions as amended from time to time by ABC Travel Clinic Ltd.
“Contract” the contract between the Customer and ABC Travel Clinic Ltd for the supply of a Travel Health Brief.
“Customer” any UK resident over the age of 18 years of age or legal guardian of a UK resident under the age of 18 who seeks a Travel Health Brief in order to obtain Travel Health Advice for their individual trip.
“Health Care Professional” registered nurse professional, GP or other relevant qualified medical professional who is adequately trained and knowledgeable in providing Travel Health Advice to a Customer.
“Intellectual Property Rights” all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world
“Travel Consultation” a health risk assessment conducted by a Health Care Professional using the Travel Health Brief provided by ABC Travel Clinic Ltd, in order to create a Travel Health Plan for the Customer’s trip.
“Travel Health Plan” a report provided by ABC Travel Clinic Ltd detailing the recommended vaccinations needed for a Customer and detailing a schedule of dates when and which travel vaccinations ABC Travel Clinic Ltd and the Customer have jointly agreed should take place before the Customers trip.
1.2 Construction. In these Conditions, the following rules apply:
1.2.1 a person includes a natural person, corporate or unincorporated body (whether or not having
separate legal personality);
1.2.2 a reference to a party includes its personal representatives, successors or permitted assigns;
1.2.3 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;
1.2.4 a reference to writing or written includes e-mails.
2 Basis of Contract between ABC Travel Clinic Ltd and the Customer
2.1 The Contract constitutes the entire agreement between ABC Travel Clinic Ltd and the Customer and any variation to these conditions shall have no effect unless expressly agreed in writing by ABC Travel Clinic Ltd
2.2 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3 Supply of services
3.1 ABC Travel Clinic Ltd agrees to provide to the Customer:
3.1.1 access to free health registration on the Website;
3.1.2 a Travel Health Brief detailing recommended Travel Health Advice on the date of a specific Customer’s trip upon successful booking of a Travel Health appointment with ABC Travel Clinic Ltd.
3.2 ABC Travel Clinic Ltd will use its reasonable endeavours to ensure that the information provided in the Travel Health Brief is accurate at the time of its creation. The information used to provide the Travel Health Brief is also reliant upon the accuracy of the data provided by the Customer
3.3 Travel Health Brief will be updated after its initial creation and ABC Travel excludes all liability against any Customer who decides not to take the Travel Health Advice at all or within the necessary period for any vaccinations or treatments to be effective. Customer will only be charged the initial Travel Consultation Fee.
Our Services and how you should use our Services
1 ABC Travel Clinic Ltd – What we do
- We provide Travel consultations based on ‘online consultation form’ you complete and face-to-face clarification and assessment.
- If we determine based on our assessment that you are suitable for treatment, we will issue a Travel Consultation Brief.
- We provide follow-up medical advice if required to address any side effects and other issues arising from treatment. Where you agree, we keep your GP informed.
How ABC Travel Clinic Ltd online works
- When you visit our https://abctravelclinic.com/ website for the first time you have the option to immediately select one of our Services. If you immediately start using our services you will be required to register before completing an order.
- As part of registration process, you will be asked to complete ‘online consultation form’, to register on our website, pay the applicable fee and press submit. Once you have submitted the ‘order’ a binding contract is formed between you and Us. We will email you or SMS you (as determined by you) a confirmation that you have successfully registered with ABC Travel Clinic Ltd and that We have received your questionnaire. Our Health Care Professional will review the questionnaire and, provided that you are suitable for the planned medical treatment.
- Once you have submitted the ‘order’ our Health Care Professional will aim to respond to you within 24-48 hours.
- You accept that once you have submitted the ‘order’ you can no longer cancel this service. This is because our Health Care Professional will commence reviewing your questionnaire once you have clicked the submit button. In the event, however, that our Health Care Professional determine that you are not suitable for treatment We will refund all fees paid by you within seven working days, of our notification to you, that we cannot treat you.
- We advice you to ALWAYS check with your GP or travel health medical specialist 6 to 8 weeks prior to your departure.
- You accept that once you have submitted the questionnaire and clicked the order button you can no longer cancel this service. This is because our Staff will commence providing the service to you from the moment you order the service.
- All our medical questionnaires have been carefully prepared and are compliant with medical best practice.
- Professional codes of conduct and legal restrictions may limit the number any frequency of any item we are permitted to supply to you and, as such, we have no obligation to supply quantities exceeding the relevant permitted maximum and will charge only for those we do supply. We reserve the right to reject any order.
2.3 Our website is only intended for use by people resident in the United Kingdom (the “Serviced Countries”).
- 3. How you should use our Services
By placing an order through our website, you confirm that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old;
- you are resident in United Kingdom; and
- you are accessing our website from United Kingdom.
4 You must use our website and Services with care and in compliance with the below:
- The provision of Services to you is conditional on you completing all consultation questionnaires contained on our website truthfully and honestly. You must reveal and disclose all relevant information truthfully to the best of your knowledge;
- You are not allowed to register more than once;
- Please do not register or complete ‘online consultation form’ on behalf of anyone other than yourself, unless you have permission to do so from the individual and we receive express verbal consent from the individual;
- We cannot and are not liable for any damages which results from: (i) a failure by you to provide (and continuously maintain) complete, truthful and accurate information in your Patient Record and in all questionnaires you complete or any other information you provide to Us; (ii) a failure of you to follow advice given by ABC Travel Clinic or from your failure to pass on information given by ABC Travel Clinic to your regular healthcare provider. You accept that the advice given by ABC Travel Clinic does not replace your regular healthcare provider (GP ). You must tell your regular healthcare provider about treatment and medication we supply.
- All the information contained on our website is in English. You are solely responsible for ensuring that you understand the questions in the questionnaires you complete on our website. You must speak to your regular healthcare provider if you do not understand a question or are unsure how you should answer certain questions or you do not fully understand the advice or information given to you on our site.
- If medicine is prescribed and dispensed to you, you are responsible for checking that the medicine is the correct medicine prescribed by Health Care Professional on our site and that such medicine is not damaged in any way. If in doubt, you must contact us to seek advice and/or replacement as required. Do not consume any medicine which is not the medicine prescribed or which is damaged on receipt by you.
- You must carefully read all product packaging and labels prior to use. If you purchase medicine in advance of your need to consume these, please ensure you do not consume medicine which is out of date.
- Please ensure that no-one other than yourself has access to any medicines that we make available to you.
- Pricing, payment, cancellation and refund
3.1 We are required by law to inform patients of the costs of treatments before consultations. We will ensure that our prices for consultations, diagnosis and medical prescriptions are clearly set out on our website and on your visit to ABC Clinic. Charges are shown before ordering. There are no hidden charges.
3.2 It is possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. We are under no obligation to provide the Services to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
3.3 You are responsible for providing valid credit or debit card details which may be charged. We reserve the right not to deliver service to you if your payment details have expired or are invalid in any way. If this happens we will attempt to contact you to enable you to provide updated information.
3.4 When you place an order for medicines or take up a service that involves the prescribing of medicines this will require us to perform an assessment of your clinical suitability for the medicines before the medicines can be approved for supply. You agree to us commencing this service and an assessment of your clinical suitability for medicines when you place the order and, as such you will have no legal right to cancel your order under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, for goods that do not require a prescription, you can change your mind and cancel your order provided you do so within fourteen calendar days of receipt. For all such goods, that do not require a prescription , to be accepted as cancellation, they must be in a new and unused condition, sealed original undamaged packaging together with a copy of your original receipt.
3.6 In providing invoice and payment details, you confirm that you are authorised to use these details and authorise us, or our payment service provider, to take payment in full for the items in your order and any associated delivery fees and any other charges that become due to us under these terms and conditions.
3.7 All items supplied to the customer remain the property of the ABC Travel Clinic until final payment of all sums owing in respect of those goods has been received in full by us.
- Accessing our website
4.1 Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period.
4.2 From time to time, we may restrict access to some parts of our website, or our entire website.
4.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions. If you believe that your account has been compromised, you must contact us immediately.
4.4 You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
- Our website changes regularly
5.1 We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely.
5.2 Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material although we endeavour to update materials regularly.
5.3 Any material on this website is only intended to be a brief guide and cannot accept responsibility for any omissions. Information and prices are subject to change without notice.
- Intellectual property rights
6.1 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
6.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
6.5 You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
6.6 If you print off, copy or download any part of our website in breach of these terms and conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Our liability
7.1 The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy.
7.2 Subject to clause 7.4, if in delivering our Services to you we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Services.
7.3 Subject to clause 7.4 below, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website and Services, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
7.4 Nothing in these terms and conditions limit our liability for:
- death or personal injury arising from our negligence;
- fraudulent misrepresentation or misrepresentation as to a fundamental matter; or
- any other liability which cannot be excluded or limited under applicable law.
7.5 Force Majeure. We will not be liable for non-performances of our obligations caused or resulting from industrial disputes or any other circumstances beyond the reasonable control of the company such as act of God, riots, civil commotion, flood, fire and legislation. If by reason of such circumstances it shall become impossible within a reasonable time for the company to wholly or partly supply the items ordered then the customer’s liability will be limited to the value of the items already supplied.
- Information about you and your visits to our website
8.2 By using our website, you consent to such processing and you warrant that all data provided by you is accurate and remains accurate. You are responsible for, on a regular basis, updating your information to ensure it remains accurate and current.
- Written Communication
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual 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 communications be in writing. This condition does not affect your statutory rights.
- Viruses, hacking and other offences
10.1 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
10.2 You must not attempt to gain unauthorised access to our site, the server on which our website is stored or any server, computer or database connected to our site.
10.3 By breaching this clause 10, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
10.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
- Linking to our website
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it in any way whatsoever, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2 You must not establish a link from any website that is not owned by you.
11.3 Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.
11.4 If you wish to make any use of material on our website other than that set out above, please address your request to firstname.lastname@example.org
- Links from our website
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Jurisdiction and applicable law
13.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website 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.
- Entire Agreement
- Complaint or compliment.
Any complaint or compliment can be sent to Director, ABC Travel Clinic Ltd, 75 Holly Lane, Smethwick, West Midlands, B67 7LD , or email email@example.com. We will endeavour to deal with your complaint within five working days of receipt. In the event where we cannot resolve your complaint immediately we will advise a likely time scale to you and keep you informed of any investigation.
- Your concerns
If you have any concerns about material which appears on our website or concerns with regards to our Services, please contact firstname.lastname@example.org
And finally, thank you for visiting our website and using our services.