Terms and Conditions
This is our current policy and was Last Revised on the 10/10/2020. For further information on our policies please Contact Us.
- 1. Information You Provide
- 2. Services
- 3. Costs
- 4. Your Optimale Account
- 5. Geographical Restrictions
- 6. Identity Checks
- 7. Security
- 8. Modifications to Terms and Conditions
- 9. Electronic Medical Records
- 10. Information Resources (Opt-in)
- 11. Limitations on Use
- 12. Operational Functionality
- 13. Temporary Use Licence Granted
- 14. Linking
- 15. Intellectual Property
- 16. Legal Notices and Disclaimers
- 17. Service Reliability and Warranties
- 18. Limitation of Liability
- 19. Termination and Survival
- 20. Delivery of Services
- 21. Refunds
- 22. Fair Usage Policy
- 23. Disputes
- 24. Circumstances Outside Our Control
- 25. No Third Party Rights
- 26. Assignment
- 27. Privacy
- 28. Applicable Law
- 29. Severability
- 30. Waiver
- 31. Notices
- 32. Comments and Suggestions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY GOVERN YOUR ACCESS, ATTEMPT TO ACCESS AND USE OF OPTIMALE’S SERVICES.
By submitting an order to Optimale for our services, or by using Optimale, including this Website (https://www.optimale.co.uk) and our Client Space, you accept these terms and conditions in full, along with all other rules, policies and procedures that may be published by Optimale on the Website/Client Space or otherwise communicated to you from time to time by Optimale (together, the “Terms & Conditions”).
IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS YOU ARE NOT AUTHORISED TO USE OPTIMALE’S SERVICES.
Optimale reserves the right to suspend or terminate your access to the Website/Client Space at any time, without notice and without liability, if it reasonably determines you have breached these Terms and Conditions.
The Service is owned and operated by Optimale Ltd (“Optimale”, “our”, “us”, “we”), a company registered in England and Wales (company number 10878576). Our registered office address is 12 Aston House, Wandsworth Road, London, SW8 4ER.
Optimale enables individuals in the United Kingdom (“Customer”, “Customers”, “you”, “your”, “yourself”) to obtain blood tests that can then be analysed by medical professionals.
Optimale also enables individuals in the United Kingdom to be referred on to medical practitioners specialising in the treatment of testosterone deficiency, if they meet the conditions for onward referral, which are informed by BSSM (British Society of Sexual Medicine) Guidelines.
Optimale may vary charges for any Services at any time, and changes will be notified to you in accordance with these Terms and Conditions.
By using Optimale’s Services you understand and accept that the Services are not the same those provided by the NHS or your NHS GP surgery (if you are registered with an NHS Surgery).
Optimale is NOT to be used in an EMERGENCY situation or instead of your local GP (General practitioner)
IF YOU BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING IS IN AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY DIAL 999 OR SEEK ALTERNATIVE EMERGENCY MEDICAL SERVICES.
YOU SHOULD CALL 999 in a critical or life-threatening situation, such as if someone has:
- difficulty breathing
- severe bleeding and it can’t be stopped
- severe chest pain
- loss of consciousness
- acute confused states and fits which aren’t stopping
- or if you believe someone is having a heart attack or stroke.
If you have medical conditions or concerns which are not related to your treatment by Optimale or its doctors then you should consult with your local doctor/GP.
1. Information You Provide
You warrant without exception that any information you provide is honest, legitimate and an accurate representation of your situation as you see it. With regard to information you provide from other service providers or otherwise, you warrant and confirm that such additional information is accurate, legally provided and has not been tampered with.
You understand and agree that you may NOT under any circumstances amend, alter or tamper with the contents of any documents created by our Practitioners or through our Services.
At any time you may be notified that information is available for your review that is considered private and possibly time-sensitive, so you should consider ease of access when determining which email address you use for your Account.
You are obliged to advise us of the following as soon as reasonably possible:
- Changes to your legal name
- Changes in email address
- Change of postal address, including postal code
- Change of mobile telephone number (you are not permitted to use landline numbers in place of a mobile telephone number)
- Change of debit or credit card details, including billing address, for any card registered to your Account
The blood testing service which Optimale provides comprises:
(a) Delivery of a blood sample test kit (“Kit”) by an external third party (“Test Kit Supplier”);
(b) Blood testing which is carried out by a Laboratory (“Laboratory”); and
(c) Preparation of a Report (“Report”) containing the blood test results and comments from Optimale advisors on any results that are ‘out of range’ according to British Society of Sexual Medicine (BSSM) Guidelines. You can either access this report via your secure Client Space, or receive a copy by email if you prefer.
The blood testing is carried out by a Laboratory engaged by us. We reserve the right to change the
Laboratory from time to time without notice. We will pay the Laboratory directly for the blood testing services on your behalf.
By purchasing a blood test from Optimale, you are entering into a contract with Optimale to provide you with the blood testing services that you have requested.
The default blood sample test kit is a home finger-prick kit, which allows you to take your own blood sample at home, using the 2-3 lancets and blood sample collection tubes provided. Instructions are included with the kit, and we will also send you a confirmation email with instructions. If you have any doubts about how to perform the finger-prick test, please contact us before attempting the test, so that we can advise you on how to ensure the test is successful.
If you are not successful in obtaining a viable finger prick sample (between 5-10% of finger-prick tests are unsuccessful), or if your sample is clotted or haemolysed when it arrives at our Laboratory and therefore cannot be analysed, we will offer you one of the following resolutions:
(a) We can send out another finger-prick test kit free of charge. However, we tend to find that when the instructions have been followed correctly and the test has failed, a second finger-prick test may have the same end result – some people just find it difficult to get enough blood flow to obtain a successful finger-prick test sample. If the second test fails, there will be a £10 charge for any subsequent test kits that are sent out. If you request a refund after a second failed test, we will deduct an administration charge of £10 from your refund.
(b) We can send out a venous test kit free of charge, which you can use to have a blood sample taken at a phlebotomist service of your choice (at your expense). Sometimes we can help organise the phlebotomist service for a fee, which varies depending on your location and the availability of local phlebotomy services, but typically costs about £30.
(c) We can offer a home nurse visit service, where a nurse will visit you at home to take a venous blood sample at an agreed appointment time, for a fee of £75.
(d) You can travel to our laboratory to use their on-site phlebotomy service, for a fee of £25.
If you request additional blood tests that were not part of your original order/contract, or if you request a combination of blood tests which is not listed and sold as a test under the shop section of the Optimale website, this is treated as a Custom blood test. Custom Blood Tests are a special service which Optimale occasionally offer, for which the price varies depending on the combination of tests requested by you/the customer. Sometimes, it is not possible to obtain a final price and arrange payment before all the tests have been processed by the labs, in which case you may be sent a final invoice to cover the cost of any additional tests or services which we have provided for you under the contract. We will endeavour to ensure that the price is reasonable, and competitive with similar services in the marketplace.
You must settle all outstanding Optimale invoices before Optimale are obliged to send you your blood test results. If you attempt to formally dispute the final payment or cancel your contract with us, we have the right under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013, to claim from you the reasonable costs we have incurred. Due to the nature of blood testing services, we cannot recoup our costs or lost profit from blood tests which have already been processed by our labs.
We will endeavour to ensure that the Optimale advisors and the Laboratory, perform the Services with the best
skill care and diligence in accordance with best practice in their profession.
You acknowledge and agree that the Blood Testing Services are not a substitute for actual medical diagnosis or consultation with a doctor, and that the information contained in the Report does not constitute medical advice and/or recommendations for medical treatment regarding any aspect of your health, medicine intake, nutrition or lifestyle.
Our consultations last up to 30 minutes. You understand and accept that you may only ever purchase a complete consultation and that you pay the whole cost even if your consultation is shorter than 30 minutes long. You agree and accept that you will not be entitled to any rebate, refund or compensation as a result of your not using the full length of time available in a Session, nor shall you be due any rebate, refund or compensation of any kind if you terminate the video or voice call during the consultation. It is at the Practitioners’ discretion whether you are allowed to continue a consultation once it has been stopped.
If you terminate a consultation you schedule with Optimale, this may prevent you from receiving some of the Services and you agree and understand that this is your choice, therefore we are in no way liable if you choose to end the consultation prematurely.
Please note that when you purchase a consultation from Optimale, you waive your rights afforded you with regard to distance selling, and the 14-day cooling off period under the Consumer Contracts Regulations 2013 no longer applies because you are agreeing to be provided with instant services that are used and charged for in full at the time of the consultation.
Optimale will advise you by email as soon as possible if it has to amend, change or cancel any consultation that you have booked.
Prescriptions and Medications:
You understand and accept there is no guarantee whatsoever that you will be issued or provided with a prescription for any medication and acknowledge that the issuing of any prescription is at the sole discretion of the consulting Practitioner, subject to the limitations applied by Optimale’s clerical team.
The prescriptions available via Optimale are private prescriptions only (not NHS prescriptions). You accept that private prescriptions are fulfilled at a charge. Any reference to a ‘prescription’ shall be deemed to apply to repeat prescriptions where applicable. Prescriptions will only be provided by Optimale at the Practitioner’s discretion and at a price decided by Optimale.
Any prescription that you receive through Optimale is only valid for use at legal UK pharmacies. You accept that if using Optimale’s service you understand and agree that any prescriptions you acquire via the Service are solely for your personal use. Furthermore, you agree carefully to read all information provided to you and to follow the instructions provided by the Practitioner(s), on the prescription(s) itself (the label applied by the pharmacy) or otherwise, prior to taking any of the prescribed medicines. You also hereby agree to contact a Practitioner, another doctor or a pharmacist if you have any questions or do not fully understand the reasons you have been prescribed any medication or the instructions related to the medication.
You accept that there are no refunds or returns available for prescriptions or medications that have been fulfilled by a pharmacy, as prescription drugs cannot be returned.
Letters (including but not limited to Referral Letters):
In an instance where you require a referral letter you will be charged the current fee for a Letter (including but not limited to referral letters), which may be no longer than six (6) A4 letter single-sided pages in length and subject to the spacing and layout requirements of Optimale at its sole discretion. If you agree with your Practitioner you need a longer letter and the Practitioner is willing to write this longer letter, you will be required to pay charges in respect of the equivalent number of standard letters.
Your doctor is making a referral in to the NHS for you at your request. Whilst your doctor feels that this referral is appropriate, different CCGs and NHS bodies all have different procedures and guidelines in place that may restrict the services they are able to offer. Optimale may not be aware of local restrictions on services and in the same way that your NHS GP can’t guarantee that your referral will be accepted by your local CCG neither can Optimale.
Optimale therefore accepts no responsibility if your referral is declined for any reason by the receiving hospital or entity.
By accepting this charge you confirm that you have read the above and accept that we can not be held responsible either financially or medically if your referral is declined. You also confirm that you have given a full and accurate history to your doctor and have not with held any information that you feel may be relevant to your referral or may affect the chance your referral may be accepted.
Delivery by Post:
The cost of delivering your document to a UK mainland address, once only, by Royal Mail post is included in the relevant administration fee you pay, as shown in our Costs from time to time.
Your document will be posted, subject to its time of creation:
- Created after 6am and before 2pm = same day (not on weekdays which will be next working day)
- Created after 2pm = next working day (any day)
We send your documents as letters using Royal Mail first class post (or equivalent) and we cannot and do not guarantee a delivery time or expected delivery date. If you have not received your document within five (5) working days of it being shown as sent in your Account you should Contact Us.
If you do not Contact Us and inform us of an issue, we will deem documents sent by first class post to have been received by you within forty-eight (48) hours of us marking them as sent.
If for any reason you are unable to authorise payment for any Service(s) in advance, you acknowledge that neither Optimale nor the Practitioner shall be obliged to provide such Services.
Any and all fees and charges incurred on an Account are the sole responsibility of the Account holder (being the individual whose details are held under the Account) and MUST be pre-authorised prior to your receiving any Services and settled immediately after the Services have been provided. Consultations may be curtailed or Services suspended if at any time payment is not provided.
You expressly hereby authorise Optimale to pre-authorise or charge any debit and/or credit card in your Account with any applicable charges as stated in these Terms and Conditions (as updated from time to time) or as otherwise agreed in writing with you. You accept that any failure of pre-authorisation or authorisation processes is likely to result in the Services not being provided. You understand that the Services may not be provided or consultations cancelled if your billing information is inaccurate, invalid, or without funds.
You agree that any unpaid balance on your Account shall become due within seven (7) days of Optimale notifying you of any such balance, after which date the balance shall bear daily interest at the rate of 3% per annum above Barclays’ lending rate from time to time. The reasonable costs of collection, including any Court costs and reasonable legal costs, may be added as principal amounts to any such balance. If you think any charge is wrong please Contact Us promptly to let us know and we will not charge you interest on any disputed amounts until we have resolved the issue.
Optimale does not accept payment by insurers on your behalf, unless expressly agreed in writing by Optimale.
PLEASE NOTE that failure by your credit or banking provider to enable Optimale to pre-authorise or clear payments is your sole responsibility and Optimale will still be owed the fees and charges incurred by you personally, which Optimale may take formal action to recover.
Standard delivery means the items are either sent by email or sent by Royal Mail first class post (or equivalent) to UK mainland addresses only. Costs for other delivery methods will be provided on request.
Please note that it is your sole responsibility to ensure the address (whether email or postal) that you provide is correct, as that is the address that Optimale will use.
4. Your Optimale Account
In order to access the Website and the Services you represent and warrant that you are at least eighteen (18) years of age and possess the legal right, capacity and ability, on your own behalf to accept and agree to these Terms and Conditions.
You agree to create your Optimale account (Account) accurately and truthfully, including but not limited to your name, postal address, mobile telephone number (do not provide landline telephone numbers in place of mobile numbers), email address and password.
Your Account details are personal to you and you are solely responsible for maintaining their confidentiality, as you remain liable for all activity that occurs under your Account. You agree to prohibit anyone else from using your Account and you agree immediately to notify Optimale of any actual or suspected unauthorised use of your Account or any other security concerns, howsoever arising, immediately upon your becoming aware of them. Unless and until you notify us of any suspicious activity or security concerns we will assume all actions taken linked to your Account to be authorised by you.
In order to determine your compliance with these Terms and Conditions we reserve the right to monitor your access to and use of the Client Space and the Services. Optimale may, at its sole discretion, deny access to the Client Space and/or refuse to provide Services in the case of actual or suspected misuse of the Client Space and/or Services or for any actual, attempted or suspected non-compliance with these Terms and Conditions, including but not limited to security concerns or potential infringement of intellectual property rights.
Optimale reserves the right to refuse access to the Client Space to anyone, at its sole discretion from time to time, whether or not the user has previously successfully registered, visited or used any Services.
Optimale does not consult or provide blood tests to any patients under the age of 18.
5. Geographical Restrictions
The Client Space/Website and the Services are designed for and intended for users in the United Kingdom only, unless exclusively specified by Optimale. Optimale makes no representation that the information and/or the services provided via the Client Space/Website are applicable to, appropriate for or available outside the United Kingdom. Accessing the Services from territories where any content and/or Services may be illegal is strictly prohibited.
6. Identity Checks
In order to allow us to provide the Services to you in a way which protects the interests and safety of all of our patients, we need to carry out checks to verify the identity of any person wishing to use the Services (essentially, to make sure you are who you say you are). In carrying out such checks, we will work with third party providers of online ID verification services. We will ask you to provide us with certain information (generally your name, address and date of birth) which we will need to share with the third party providers in order to verify your identity.
By using the Website or Client Space and the Services under these terms and conditions, you are expressly consenting to: (i) us passing this information to our chosen third party providers of online ID verification services in order for them to perform this service for us and (ii) the carrying out of the ID check by our third party provider, even though such checks may leave a digital footprint / imprint on your digital / online credit file.
If the check conducted by Optimale staff or our third party provider results in a “fail”, we will ask you to provide secondary ID information (in hard copy or otherwise) such as Driving Licence, Military ID Card, Police Warrant Card or UK Disabled Driver Card. If you fail to provide us with this secondary ID information, we may be unable to provide any Services to you, we may cancel any consultations or other services that you may have booked through the Service by that point in time.
Optimale may contact you by telephone, post or email to verify your Account information. Optimale may request further information from you, which you agree to provide, in order to ensure you have not fraudulently created your Account.
If you do not provide any such information in the manner requested within seven (7) working days of the request, Optimale reserves the right to suspend, discontinue or deny your access to and use of the Client Space and Services until such time as the information is provided to Optimale’s reasonable satisfaction.
8. Modifications to Terms and Conditions
Please print and keep a copy of these Terms and Conditions. Optimale reserves the right to modify the Terms and Conditions periodically, for any reason. We will post a copy of the updated Terms and Conditions on the Website prior to any change becoming effective; if we make any material changes (including any change to our Costs) we will notify you prior to the change becoming effective. Any such revision or change will be binding and effective immediately on posting the revised Terms and Conditions on the Website and you should cease use of our Services if you do not agree to any such change.
The most current version of these Terms and Conditions can be accessed at any time by selecting the “Terms & Conditions” link in the footer of the website. Any new version of these Terms and Conditions will, once published, supersede any previous version.
9. Electronic Medical Records
Your Optimale electronic medical record (EMR) is created for you to document (by way of consultation with a Practitioner only), store and access your personal health information online, including medical history, current health conditions, symptoms, complaints, allergies and medications.
If you would like a copy of your Optimale EMR you can request it at any time by contacting our clerical team via [email protected]. We recommend that all Customers do this periodically so that they can share this information with other medical service providers and medical insurers.
10. Information Resources (Opt-in)
By registering with our Services and then providing “opt-in” consent to non-essential marketing, you are agreeing to the receipt of offers, promotions, surveys, newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health-related information, links to other related websites and specific questions related to your Optimale Account or your provided email address. Additionally, Optimale makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Optimale. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care.
The information contained in these communications and resources is compiled from a variety of sources and may or may not be considered authored by Optimale. Optimale makes no warranty as to the content of these materials or the information contained therein, neither does it represent or warrant that any particular drug or treatment is safe, appropriate or effective for you.
If you do not wish to receive such communications, you may opt-out at any time by contacting us at [email protected].
11. Limitations on Use
You agree that you will not, and will not permit anyone else to:
a) use the Services in any unlawful way and/or for any unlawful purpose;
b) allow someone other than yourself to use any of the blood tests, services, prescriptions or medications prescribed to you;
c) allow another person or entity to use your Account, username or password;
d) market, promote or solicit the Services except as expressly permitted by these Terms and Conditions;
e) attempt to undermine the security or integrity of computing systems or networks of Optimale, its Client Space or any sites accessed through or via the Website, and you must not attempt to gain unauthorised access;
f) harvest or collect data about any other individual who uses the Client Space of website;
g) post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Website/Client Space or the Services;
h) tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of the Client Space or the Services. You will not use robots or scripts with the Client Space;
i) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by the Client Space.
You further agree that any information you provide or use on the Client Space, and your use of the Client Space or Services will not infringe or facilitate infringement of any copyright, patent, trade mark, trade secret or other proprietary, publicity or privacy rights of any party.
Optimale maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trade mark or other intellectual property or ownership right of any other person and to suspend your access to the Client Space in such circumstances.
12. Operational Functionality
Optimale reserves complete discretion with respect to the operation of the Client Space and Services and may alter, withdraw, suspend or discontinue any functionality or feature of the Client Space, Website and/or Services at any time. Optimale is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers.
13. Temporary Use Licence Granted
For the duration only of being logged into your Account from time to time, and subject to your compliance with these Terms and Conditions, you are hereby granted a non-exclusive, non-transferable, temporary licence to use the Website and the Services solely for personal, non-commercial use. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Website (including its software and documentation), create derivative works based on or in any manner commercially exploit the Website or the Services, in whole or in part.
You may not make any form of recording of any consultation as this would be a breach of these Terms and Conditions and also a violation of data protection law.
You must not misuse our site by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Client Space/Website, the server on which our website, app or related materials are stored or any server, computer or database connected to the Client Space/Website. You must not attack our site or app via a denial-of-service attack or a distributed denial-of-service attack; by breaching this provision, 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.
You may link to our website 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. 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. You must not establish a link to our site on any website that is not owned by you. We reserve the right to withdraw linking permission at any time.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to make any use of content on our site other than that set out above, please Contact Us.
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Optimale has no control over the contents of such sites or resources.
15. Intellectual Property
With the exception of your EMR, Optimale (or its licensors) retains all right, title and interest in and to the Optmale name, the Services and any information, products, documentation, software or other materials used in relation to or made available via the Client Space/Website, along with any patent, copyright, trade secret, trade mark, service mark or other intellectual property right in any of the foregoing in any territory.
You will not store, copy, modify, lease, loan, sell, distribute, transfer, display, reverse engineer, reverse assemble or otherwise attempt to discover any programming code or any source code used in or with the Client Space/Website (save to the extent required for you to make back-up copies of such software or arrange its inter-operability with other packages).
You acknowledge that violations (as determined at Optimale’s sole discretion) of these intellectual property protections may lead to formal legal action. Save as set out in these Terms and Conditions you have no right to use any of the intellectual property rights associated with the Client Space/Website without the prior written consent of Optimale.
16. Legal Notices and Disclaimers
Medical Disclaimers: Optimale makes no representation or warranty as to the content of any treatment response from any Practitioner; Practitioners are independent contractors and not employees of Optimale and any views expressed or advice provided by Practitioners are not necessarily endorsed by Optimale. You and your Practitioner are solely responsible for all information provided and/or advice given via the Service.
Always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns – and before starting, stopping or modifying any treatment or medication – even if you have already obtained medical advice via or read relevant material on the Website.
Optimale does not guarantee that a video/chat/phone consultation is the best course of accessing advice or indeed the appropriate course of treatment for your particular healthcare concern or medical issue. Furthermore, Optimale is not a substitute for your primary care provider. You agree to contact your GP immediately should your condition change or your symptoms worsen (if you are not registered with a UK doctor you agree to contact your local walk-in centre or hospital for advice). If you require urgent care, you should contact your nearest emergency services centre immediately.
Content Disclaimers: No information whatsoever or howsoever found on Optimale (other than advice provided by a Practitioner in a consultation) should be relied on as medical advice, professional or otherwise. Nothing contained on this Client Space/Website should be construed, directly or indirectly, as the practice of medicine by Optimale, which only arranges the service of connecting you to a Practitioner. Should there be an issue with any of the medical services you receive from Practitioners via the Client Space/Website, you can Contact Us.
Optimale makes no warranties or representations as to the accuracy of articles and other material published on the Client Space/Website and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such material.
General Disclaimers: We do not guarantee that the Client Space/Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology and computer programmes in order to access the Client Space/Website. You should use your own virus protection software.
You are also responsible for ensuring that all persons who access the Client Space/Website through your internet connection are aware of and comply with these Terms and Conditions.
Optimale MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH OPTIMALE OR ITS SERVICES.
Optimale does not endorse the promotions, products or services of any third parties, nor does it warrant or validate the accuracy of any third party advertisements, promotions, communications or other materials. Optimale does not assume any responsibility or liability for the accuracy of information contained on any third party web sites.
17. Service Reliability and Warranties
Optimale makes no warranty that the the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected.
Optimale will take all reasonable precautions to protect against failure of its equipment and software and will perform regular back-ups of all data stored. The Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
18. Limitation of Liability
If Optimale fails to comply with these Terms and Conditions, it is responsible for loss or damage you suffer that is a foreseeable result of it breaking this contract or failing to use reasonable care and skill, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you purchase any Services, both we and you knew it might happen, for example, if you contacted us about it during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
We will not be liable to any Customer for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- inability to use the Client Space/Website; or
- use of or reliance on any content displayed on the Client Space/Website.
Please note that we only provide the Client Space/Website for domestic and private use. You may not use the Services for any commercial or business purposes; if you do use the Client Space/Website or the Services for any commercial purpose Optimale has no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Optimale assumes no responsibility for the content of websites linked on the Client Space/Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from any Customer’s use of such sites.
SUMMARY OF YOUR KEY LEGAL RIGHTS
This is a summary of your key legal rights. Nothing in these Terms and Conditions will affect your legal rights. For detailed information please visit the Citizens Advice website: www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- If you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time upfront, it must be carried out within a reasonable time.
19. Termination and Survival
OUR RIGHT TO TERMINATE
We may suspend or end the contract between us, terminating your right to use the the Services, if:
- You do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example valid contact details;
- You seriously (as determined by Optimale) or repeatedly breach any of these Terms and Conditions.
You must compensate us if you breach these Terms and Conditions. If this happens we may deduct from any refund due to you, or charge you, reasonable compensation for the net costs we will incur as a result of your breach.
Optimale may also terminate all access to the Client Space or the Services at any time, without notice. In such circumstances, subject to you having complied with these Terms and Conditions, Optimale will endeavour to refund you for any services you have paid for but not received.
Optimale will advise you of any termination via the contact email held as part of your Account.
YOUR RIGHT TO TERMINATE
You may cease using the Client Space/Services and/or have your Account suspended from usage/availability at any time. Provided you are not in breach of these Terms and Conditions you can Contact Us to arrange a refund of any credit on your Account, but we may deduct from that refund (or, if you have not made an advance payment, charge you) fees due to us in respect of Services provided and/or compensation for any net costs we will incur as a result of your ending the contract.
Please refer to our refunds & returns policy for specific information on your Consumer Rights under the Consumer Contracts Regulations 2013 and the Consumer Rights Act 2015, in relation to the different services that Optimale offer.
Upon termination of your Account for whatever reason, Optimale has the right to delete all data, files or other information relating to you that it stores or controls for any reason, subject to UK law concerning the keeping and maintenance of medical/patient records and also data protection and the secure destruction of personal data.
The following clauses shall continue to apply after termination of the contract between you and Optimale for any reason: Security (clause 7); Intellectual Property (clause 15); Limitation on Liability (clause 18); Privacy (clause 27); Applicable Law (clause 28); and any other provisions stated to continue or required to continue in relation to any outstanding matters.
20. Delivery of Services
You agree that the provision of any Services is subject to your payment in full of any costs relating to consultation, administrative and/or delivery fees that you incur in relation to the Services pursuant to our costs.
Optimale does not accept payment by insurers on your behalf at this time, unless expressly provided for in writing by Optimale at its sole discretion.
Any and all fees and charges, without exception, incurred on the Account are your responsibility as the Account Holder (If there is any question with regard to who is responsible for the fees and charges incurred, Optimale will refer to the details held under the Optimale Account Details and that individual shall have the legal responsibility for all fees and charges and no alternative position shall be acceptable to Optimale) and MUST be pre-authorised prior to you receiving any of the Services, in whole or in part, whatsoever and settled immediately after the Services have been provided, in whole or in part.
You agree that any unpaid balance due hereunder shall immediately become overdue and bear daily interest at the rate of 10% per annum above Barclays’ lending rate, and that costs of collection, including any Court costs and reasonable legal costs shall be added as principal amounts to such balance.
Optimale reserves the right to modify its Costs and/or pricing structure at any time, at its sole discretion and implement the new Costs and/or price structure at any time prior to billing you for payments due pursuant to these Terms and Conditions. You understand that the Client Space and the Services may not be provided or consultations ended or cancelled if your billing information is inaccurate, invalid, without funds (not in funds) or any pre-authorisation by us provides a negative response (as determined by Optimale).
You expressly grant Optimale license to pre-authorise or charge any debit and/or credit cards in your Account before enabling the provision of the Services (including the confirmation of an appointment time and date has been allocated to you) and you accept that failure of our pre-authorisation or authorisation processes by you is likely to result in the Services not being provided to you.
Please see our refunds & returns policy for further information.
If you think you are due a refund you must Contact us as soon as possible providing details and a full description in writing of the issue or concern you are raising.
In line with the Consumer Rights Act 2015, Citizens Advice consumer helpline recommendations and with Trading Standards guidelines, you should always contact us to try and resolve any issues or disputes that you have with our services, before escalating a complaint to any third parties or regulatory authorities. We will always endeavour to resolve your complaint to your satisfaction and in line with these Terms & Conditions, and in accordance with our refunds & returns policy.
You are strongly advised not to attempt to ‘self-issue’ a refund by using chargeback services available via your payment service, bank or card provider. Optimale will dispute any and all chargebacks with your provider, and you will be obliged to pay Optimale’s reasonably-incurred fees and costs in relation to administration and legal work in disputing your claim. You agree to pay such fees to us in cleared funds no more than 30 days from the dispute, if it is successfully decided in Optimale’s favour.
22. Fair Usage Policy
Although Optimale aims to provide a fantastic level of support, if we deem you to be abusing the service or are deemed to be requiring an unusually high level of support we may impose limits on the number of contact or support that we are able to provide you with. This is at the sole discretion of Optimale but may be limited to 4 contacts per month (by email).
In the event of any non-medical complaint or dispute you should first Contact Us and fully inform us of the issues surrounding your dispute in an open and engaged manner.
In the event of any medical complaint you should use the normal Contact Us form and at the top of your message please include the words “I WANT TO MAKE A FORMAL MEDICAL COMPLAINT’, providing what information you feel comfortable disclosing about the complaint to our team.
If you use chargeback services available via your payment card provider in an attempt to self-issue refunds and Optimale is successful in disputing any chargeback with your provider, you will pay Optimale’s reasonably-incurred fees and costs in relation to administration and legal work in disputing your claim. You agree to pay such fees to us in cleared funds no more than 30 days from the dispute being successfully decided in Optimale’s favour.
24. Circumstances Outside Our Control
Neither Optimale, nor its officers, employees or agents, shall be responsible if the supply of the Services is delayed or prevented by circumstances outside its control. If this happens we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure. If there is a risk of substantial delay you may contact us to cancel your Account and/or cancel any booked Services and receive a refund for any Services you have paid for but not received.
25. No Third Party Rights
Nobody else has any rights under these Terms and Conditions. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
You need our consent to transfer any rights under these Terms and Conditions to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
28. Applicable Law
These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the Website/Client Space or the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If a court finds part of these Terms and Conditions illegal for any reason, the rest will continue in force. Each of the clauses operates separately; if any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.
Even if we delay in enforcing any of these Terms and Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaching these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
Optimale may contact you by email to the email address provided in your Account, by written communication to the postal address provided in your Account or by a general notice on the Website or Client Space.
You may contact Optimale at any time via Contact Us.
32. Comments and Suggestions
Optimale welcomes suggestions and submissions by its Customers. Please Contact us.
Please note that by sending us ideas, artwork, computer code or creative materials you assign all copyright and other intellectual property rights in such materials to Optimale; you also waive your moral rights in respect of the same. Optimale shall have the right to use any such creative materials for any lawful purpose, including but not limited to reproduction, disclosure and publishing, without any compensation to you.
The rights in this clause do not apply to any personal information you submit as part of your EMR or other personal information held in your Account.