Our Terms and Conditions
1) Our liability
All of our therapists and doctors are self-employed and are regulated by their respective regulatory bodies. Each therapist and doctor has their own set of terms and conditions, and any therapeutic contract will be formed between you and your chosen therapist.
The Blue Tree Clinic provides rooms and administrative services only. The Blue Tree Clinic will not accept liability for any loss or damage resulting from contact or work with the therapist or doctor. Any complaint against the therapist or doctor should be raised with the therapist or doctor in the first instance and, if necessary, escalated to their respective member organisation.
The Blue Tree Clinic Ltd is registered in England and Wales under company number 09163242 and have our registered offices at 116-120 Goswell Road, London, EC1V 7DP.
The Psychologists, Doctors, Hypnotherapists, Nutritionists and Occupational Therapists are all regulated by one or more of the following regulators:
- The British Psychological Society
- The British Association for Counselling and Psychotherapy
- The British Association for Behavioural and Cognitive Psychotherapies
- The United Kingdom Council for Psychotherapy
- The Health and Care Professions Council
- The General Medical Council
- The General Hypnotherapy Register
- The College of Occupational Therapists
- Association of Nutrition
2) Interactive services
We may from time to time provide interactive services on our site, including, without limitation, online consultations (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used.
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site beyond the minimum levels set out by our regulators, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
3) Our Obligations
We provide an advice and support service between the hours of 9am and 9pm Monday to Sunday. This service consists of us undertaking an initial telephone or email screening with you and then using the information you provide to us to refer you to an appropriate clinician for treatment.
When determining the appropriate clinician our decision is based solely on the information you provide to us at the screening. We are under no obligation to obtain further information and/or continue to monitor any changes in such information after we have made our referral.
4) Your Obligations
You agree that:
You will supply full and accurate information to us and any clinician that we refer you to; and
You will notify us promptly in the event you need to cancel or reschedule any appointments that you have made or we have made on your behalf.
PRICE AND PAYMENT
4) Payment of Fees
Payment is made before each session by cash or cheque, credit cards, paypal or online transfer or "Go Cardless" our payment provider or paid in advance for a set number of sessions, unless you hold Private Medical Insurance (see below).
Our standard fees are set out in our standard fee tariff which is available on our website or otherwise on request to you, which may be amended by us from time to time. However we will notify you in writing by email following the telephone or email screening to confirm the exact fees payable by you.
Payment of our fees is required at least 24 hours in advance of any appointment otherwise the appointment cannot be confirmed and may no longer be available. In the event the appointment does proceed without full payment having first been received from you (which would only be in exceptional circumstances) all or the balance of our fees then owed must be paid immediately on demand and we reserve the right to take such legal action as necessary to recover the sums due to us.
5) Private Medical Insurance (PMI)
If you hold Private Medical Insurance, please check the reimbursement level that will be available to you from your relevant provider for the therapy. If your PMI reimbursement does not cover the fee in full, you must pay the difference between the fee and the PMI reimbursement.
If you have not already done so, please inform us of your PMI's Authorisation Code and of the limits to the funding available.
6) Cancellation of Appointments
If you need to cancel with less than 48 hours notice then we reserve the right to charge up to the full 100% of the fee.
You shall pay all amounts due without any deduction or withholding exception as required by law.
The therapist will endeavour to give you as much advance notice as possible in terms of holidays or of any need to cancel a future appointment.
7) Acknowledgment of Payment Terms
By agreeing below you hereby undertake to pay for your treatment and services provided and you understand charges will be made in accordance to the agreed fees set out before treatment by email or by phone conversation. You understand that payment is due for each consultation, either in person, skype or phone consultation. You understand you will be charged in full unless 48 hours cancellation notice is given.
8) Non-Patient Payers
If you are not a patient but have engaged us on behalf of a patient or have otherwise paid any sum on behalf of a patient you agree that you will be bound by all of the provisions of these terms including without limitation the payment of cancellation fees.
9) Dealing with a Crisis
Our outpatient service is a non-emergency service and does not provide 24-hour cover. In the event that you need help in an emergency or crisis situation, and the clinician you have been seeing is not available, you should immediately contact your local A&E, General Practitioner or Community Mental Health Team.
In certain situations if it becomes apparent to us that you need a higher level of care than our outpatient service then we reserve the right to refer you to an appropriate organisation accordingly.
If you have any questions, with regards to our Terms and Conditions, please do not hesitate to contact us.
10) Block Bookings for Therapists
Block bookings are offered by certain therapists in order to provide you with a discount when you would like to book a course of sessions, you understand that these block bookings are non-refundable, should you decide to cancel the rest of your treatment or discontinue therapy.
11) GP Involvement
We strongly recommend that you inform and consult your doctor before receiving any treatment from a clinician, to ensure that such treatment is safe and compliments any existing treatment you may be receiving. We do not accept any liability whatsoever in the event you choose not to do so.
We do not routinely insist upon a GP referral letter although in certain circumstances we may require one. If there is a requirement to prescribe medication all clinicians reserve the right to refuse to provide such prescriptions unless you give your consent to allow them to enable them to liaise with your GP. This is purely for your own safety so that we can be sure that the medicines prescribed do not conflict with anything you may already be receiving.
12) Confidentiality and Consent
We shall keep all of your personal information in strict confidence and we shall only disclose such information internally with our clinical team solely to allow us to refer you to an appropriate professional and manage your treatment and you consent to such disclosure. You agree we can exchange reports with your insurer or send to anyone as you request us to do so including your GP with your consent, written or verbal.
There are some circumstances where we may be legally required to disclose your personal information for example if you disclose information that you may pose either a serious risk to yourself or another person, or information regarding acts of terrorism or serious crime or where we are legally required in accordance with child protection legislation to report safeguarding/child protection concerns. By accepting these terms you accept that we are legally obliged to do this.
Where we are asked to provide services for the benefit of young people or children, and the patient in question is of sufficient intelligence and maturity to understand and make decisions about their own treatment in accordance with the principles of Gillick v Norfolk and Wisbech, we are legally obligated to comply with the wishes of that patient. In particular this may extend to the patient refusing treatment, refusing to allow disclosure of their records to third parties (including family members) and refusing to allow us to communicate with the patient’s parents without the patient’s consent. You acknowledge that we will be subject to such obligations of confidentiality in this respect and that we shall have no liability in the event we are required to comply with such obligations at the direction of the patient.
A copy of our complaints procedure is available to download on our website. In the event you are unhappy with any aspect of our service please to contact us as soon as possible in writing and we will do our utmost to rectify the complaint. We have a duty of candour to our clients, and are open and transparent if we make a mistake.
14) Inpatient Treatment Provider (Treatment Provider)
If it is required we will provide advice to assist you in determining an appropriate inpatient facility for the patient concerned which may be yourself, a family member, friend or loved one.
Fees in respect of admission and treatment by a treatment Provider are the subject of a separate contract between you and the relevant Treatment Provider directly. Consequently the Treatment Provider will invoice you directly in respect of such fees. We may charge a fee in the administration and clinical time taken to refer you into either an NHS or Private Hospital. This will be agreed with you or your funder ahead of this.
15) Third Party Liability
If we suggest a referral to another clinic or professional, we do not accept any liability for any treatment that may be delivered by any external clinician or treatment Provider, partner organisation or other third party regardless of whether we have referred you to them. Contractual and tortious relationships for the purposes of treatment are between you and the clinician/Treatment Provider directly.
We shall have no liability to you for any failure of our obligations hereunder if we are prevented or delayed by any act or omission by you or a failure by you to comply with your obligations hereunder.
Nothing in these terms shall limit or exclude our liability for death
or personal injury caused by our negligence or any other liability which is not legally permissible to exclude. Subject to this we shall under no circumstances whatever be liable to you for any indirect or consequential loss and our total liability to you in respect of all other losses under these terms shall not exceed the fees paid by you in the year in which the loss arose.
Except as set out in these terms all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
These terms constitute the entire agreement between us in relation to our advice and support service.
We shall not be liable to you as a result of any delay or failure to perform our obligations as a result of an event beyond our reasonable control including without limitation act of God.
Any variation of these terms shall only be binding when agreed by us and sent to you by email. You cannot vary these terms.
These terms and conditions are governed by and shall be construed in accordance with English law.
Please note that our website and other digital platforms may contain links to third party websites / digital platforms which are provided for your convenience. We are only responsible for the privacy practices and security of our own digital platforms. We recommend that you check the privacy and security policies and procedures of each and every other website / digital platform that you visit.
Data Protection Officer
The Blue Tree Clinic
85 Wimpole Street,
London W1G 9RJ
2a) Information we collect and what we use it for
In broad terms, we use your data for the following purposes:
- to administer and provide products and services you request or have expressed an interest in
- to communicate with you in the event that any services you have requested are unavailable
- for fraud screening and prevention purposes
- for record keeping purposes
- to carry out market research using “mailchimp” so that we can improve the services that we offer
- to improve your experience on our digital platforms
- to personalise and/ tailor any communications that we may send you
When we provide you with services we collect your name, address, date of birth and medical records with your explicit consent. We hold your details on our secured client database but this is only for our clinical records only. Prior to your initial consultation you will be required to sign this consent form, you are required to read and sign upon agreement using this online form.
You, the client, shall have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. If you wish to withdrawal consent simply email with your request to: firstname.lastname@example.org
Where the client is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.
From time to time, we like to keep in touch via email to update you on what new events, treatments and special offers we have at the clinic. This is a service email from the clinic only and will never be sent from third parties. You have the write to withdrawal consent to being contacted via email for this purpose at any time.
On the next page you will find an OPT in box if you wish to receive our marketing emails.
4a) Email Communications
Our Staff use email to communicate with you, to check on your welfare and to reply to your questions, although we recommend that clinical questions be kept to a minimum as per regulatory guidance in order to avoid any disclosure of confidential information via a data breach. By receiving sensitive data by emails that are not encrypted, you accept the risks of possible lack of confidentiality over the internet.
5a) Disclosure of your information
In all instances where we disclose your information to third parties, we will ensure that your information is appropriately protected.
6a) Security of information
We take the security of your personal information seriously. When you submit your credit card details to us, we use industry standard Secure Sockets Layer (SSL) encryption technology to guard your information. In addition, we have security procedures in place to protect our paper based systems and computerised databases from loss and misuse, and only allow access to them when it is absolutely necessary to do so, and then under strict guidelines as to what use may be made of the personal information contained within them. We also use paypal and Go Cardless which also use encryption and SSL to secure your details. You confirm by signing below you are aware of this information.
7a) More about your information (your rights)
You may correct or update your personal information at any time by emailing us at email@example.com. Please include your name, address, date of birth and email address when you contact us as this helps us to ensure that we accept amendments only from the correct person. We encourage you to promptly update your personal information if it changes.
We will securely retain your information for as long as is reasonably necessary and in accordance with applicable law. If you wish to submit a request that your data be deleted, please write to us at the above address.
You have the right to receive a copy of the personal information that we hold about you. Please write to us at the address above if you wish to exercise this right. Under GDPR regulations, patients can no longer be charged for subject access requests unless the request is 'manifestly unfounded or excessive'.
If you have subscribed to receive marketing communications, you can unsubscribe by emailing us anytime at firstname.lastname@example.org.
DATED: September 20, 2019