Terms & Conditions

Terms and Conditions

1. APPLICATION

These Terms and Conditions shall apply to the provision of services detailed overleaf

(“Services”) to you (“you” or “Client”) by The Delphi Clinic Ltd trading as The

Delphi Clinic, a company registered in England under number 15290972. No

other terms and conditions shall apply to the provision of the Services unless agreed

upon in writing between you and The Delphi Clinic.

1.2. WHY YOU SHOULD READ THIS DOCUMENT

Please read these Terms and Conditions carefully before you book a consultation

with The Delphi Clinic. These terms tell you who we are, how we will provide

services to you, how you and we may change or end the contract, what to do if there

is a problem and other important information. If you think that there is a mistake in

these terms or you would like anything clarified, please contact us to discuss.

1.3. HOW TO CONTACT US

You can contact us by writing to us at contact@thedelphiclinic.com

1.4. HOW THE DELPHI CLINIC MAY CONTACT YOU

1.4.1 If we have to contact you, we will do so by telephone or by writing to you at the

email address or postal address you provided to us during the booking process.

1.4.2 "Writing" includes emails. When we use the words "writing" or "written" in these

terms, this includes emails.

2. SERVICES

2.1 The description of the Services is as set out in The Delphi Clinic’s website and

promotional materials. In accepting these Terms and Conditions, you acknowledge

that you do not rely on any other representations regarding the Services save for

those made in writing by The Delphi Clinic. No descriptions of the Services set out in

The Delphi Clinic’s Materials shall be binding on The Delphi Clinic and are intended

as a guide only. Please note that while the individual practitioner is responsible for

the clinical management of your case, the Services are booked with and

administered through The Delphi Clinic, following the practice's and healthcare

regulator's guidelines and procedures.

2.2 Advice, care and Services provided by The Delphi Clinic is not a substitute for

any acute or urgent care services or regular care with your GP or hospital care. You

understand that no emergency or acute care or urgent medical advice will be

provided to you by The Delphi Clinic and that you should use the normal NHS

pathways and contacts for any urgent medical advice.

2.3 Our service packages may have time limits to enable us to deliver an effective

timely service, usually this means completing your package within 3-6 months of the

initial appointment. The clinic staff will make contact to offer an appointment but the

responsibility to book and confirm package appointments within the specified time

limit lies with the Client. Where a time limit is specified, no further services within the

package will be booked outside that period and any outstanding appointments will be

considered null and void. Further appointments can be booked but at the usual fee

for the service, not being included in the expired package of services.

3. PRICE

3.1 Subject to clauses 3.2 and 3.3 of these terms, the price (“Price”) of the Services

(with VAT stated, if applicable) will be the price as informed by us verbally during the

booking process, or in writing for specific Services, in force at the date of your

consultation unless we have agreed another price in writing. The Delphi Clinic takes

all reasonable care to ensure that the Prices of Services advised to you are correct.

However please see paragraph 3.6 for what happens if we discover an error in the

Price of the Services you book.

3.2 In addition to clause 3.1 hereof, The Delphi Clinic reserves the right to also

charge additional fees with respect to Services, such as postage, written

correspondence to other healthcare professionals or outside agencies and any other

fee and/or charge as The Delphi Clinic may represent in the invoice. Unless

otherwise specified, the package and consultation fees do not include other items

outside the consultations specified and consultation notes, e.g. laboratory tests,

phlebotomy, letters, supplements and medications are not included.

3.3 Any increase in the cost of the Services to The Delphi Clinic due to any factor

beyond The Delphi Clinic’s control including, but not limited to, material costs, labour

costs, alteration of exchange rates or duties, or changes to delivery rates, shall be

reflected in the invoice in accordance with The Delphi Clinic right to increase the

Price prior to a consultation. Please note that laboratories change their prices

regularly and while we make every effort to update the prices on the Clinic’s portal, it

is your responsibility to confirm up-to-date test costs with the clinic co-ordinator or

other members of the administrative team before placing your order.

3.4 Any increase in the Price under clauses 3.2 and 3.3 shall only take place upon

The Delphi Clinic informing you of the increase in writing.

3.5 It is always possible that, despite our best efforts, some of the Services we

provide may be incorrectly priced. We will normally check prices before accepting

your consultation booking so that, where the Service's correct price at your

consultation date is less than our stated price at your consultation date, we will

charge the lower amount. If the Service's correct price at your consultation date is

higher than the price informed to you in accordance with paragraph 3.1 above, we

will contact you for your instructions before we accept your booking.

4. PAYMENT AND CANCELLATION

4.1 You shall receive an invoice electronically prior to the consultation, and this

should be paid 48 hours (“due date’) in advance of the consultation to secure a

booking. Payment shall be made promptly via bank transfer or debit/credit card

payment via the electronic invoice.

4.2 You are required to pay for sessions which are missed or cancelled with less

than 48 hours’ notice. Cancellations shall be made by contacting The Delphi Clinic

reception with at least 48 hours’ in advance of the consultation.

4.3 Without prejudice to paragraph 11, if you do not make any payment to us by the

due date (see paragraph 4.1) or for any cancellations with less than 48 hours’ notice

or any missed appointments The Delphi Clinic may charge interest to you on the

overdue amount at the rate of 4% a year above the base lending rate of Bank of

England from time to time. This interest shall accrue on a daily basis from the due

date until the date of actual payment of the overdue amount, whether before or after

judgment. You must pay us interest together with any overdue amount.

4.4 If you think an invoice is wrong, please contact The Delphi Clinic promptly to let

us know. You will not have to pay any interest until the dispute is resolved. Once the

dispute is resolved we will charge you interest on correctly invoiced sums from the

original due date.

4.5 While we always aim to work collaboratively, we reserve the right to terminate

engagement at any point of care if it has become apparent that we cannot work with

other non-NHS care providers engaged by the client i.e., conflict in clinical approach

or concerns over safe and effective care delivered to you by external providers.

Please ensure that you make the Clinic aware of all the additional support you are

currently receiving outside of your core NHS medical care in advance of your first

consultation and throughout your care with us if your circumstances change.

4.6 Cancellations of membership (flexible payment) packages:

4.6.1 Once your membership package has been purchased you are entitled to a

cooling off period of 14 days, including the day you purchased the membership

package. If you change your mind during this period, then the clinic will refund you

100% of the package amount unless you have already completed one of the

package consultations. Any consultations completed during the 14-day cooling off

period will be deducted from the package amount. Refunds will be made via BACS

transfer to your nominated bank account or via Stripe through our clinical

portal. Please allow 7 working days for refunds to be processed.

4.6.2 No refunds can be offered if you decide to cancel your membership after the

14-day cooling off period.

5. YOUR RIGHTS TO MAKE CHANGES

5.1 If you wish to make a change to your programme, please contact us. We will let

you know if the change is possible. If it is possible, we will let you know about any

changes to the Price of the Services, their timing or anything else which would be

necessary as a result of your requested change and ask you to confirm whether you

wish to go ahead with the change.

5.2 Any and all loss or expense occasioned to The Delphi Clinic as a result of

changes required by you shall be fully reimbursed by you to The Delphi Clinic.

6. CONFIDENTIALITY

6.1 Everything that you discuss in the consultation is confidential with important

exceptions for when your safety or safety of others may be at risk. It is important that

you are aware that to coordinate your care your clinical details may be shared within

The Delphi Clinic team in a secure manner, please see our Privacy Policy for further

details.

6.2 The Delphi Clinic will ask you to sign a consent form allowing the share of

information for healthcare purposes. For full details please see our General Data

Protection Regulation (GDPR) consent form. If we do not receive a signed GDPR

consent form from you, we will not be able to coordinate your healthcare with that

delivered by other providers, which means the healthcare provided by us may be

less effective.

6.3 As a part of The Delphi Clinic’s work, we aim to provide educational opportunities

to healthcare students and professionals. If there is someone shadowing in clinic,

you will be advised in advance and your consent will be obtained. All observers are

required to sign a confidentiality agreement.

6.4 We will use the personal information you provide to us to:

(a) provide the Services;

(b) process your payment for such Services; and

Services that we provide, but you may stop receiving these communications at any

time by contacting us.

6.5 We will only give your personal information to other third parties where the law

either requires or allows us to do so or where you have explicitly asked or consented

for us to do so.

7. INFORMED CONSENT

7.1 It is important that you understand the potential risk and benefits of some of our

Services, such as any prescribed medications, including Hormone Replacement

Therapy (HRT). If your programme includes any such Services, The Delphi Clinic will

inform you and you may be required to sign a consent form indicating that you have

discussed the potential side effects, risks etc. with your practitioner and that you

understand the indications, risks, benefits, and alternatives for using such Services.

Please note that regular prescription reviews are a key part of safe prescribing, and

we reserve the right to refuse a repeat prescription request if our doctors have not

seen you for a consultation within the last 6-12 months or if any substantial changes

to your medical condition occur.

7.2 The degree of benefit obtained from any therapy may vary. While the practitioner

will make every effort possible to explain the risks and benefits of therapy, The

Delphi Clinic cannot be held liable for any idiosyncratic reactions to therapies

provided and no treatment outcome is promised or guaranteed.

8. REQUIRED INFORMATION

8.1 The Delphi Clinic’s advice will be tailored to support health conditions and/or

concerns identified and agreed between you and your practitioner. It is important that

you give The Delphi Clinic’s team full information regarding your medical diagnoses,

medications, supplements or other therapies used, as this may affect The Delphi

Clinic’s programme.

8.2 You are required to promptly contact The Delphi Clinic if anything in your

programme requires clarification or if there are any changes to your medication or

medical conditions. It is your responsibility to provide accurate up-to-date information

that affects your care to The Delphi Clinic. It is essential that we are kept up to date

on all medical conditions and medication changes so that appropriate action and

drug-nutrient-supplement interaction checks can be performed. If new medications

are noted after your consultation, you may be asked to book an additional

consultation for an interaction/safety check.

9. WHAT WILL HAPPEN IF YOU DO NOT PROVIDE REQUIRED INFORMATION

TO US.

We will contact you in writing to ask for this information. If you do not, within a

reasonable time of us asking for it, provide us with this information, or you provide us

with incomplete or incorrect information, we may either end the contract and cancel

the consultation/package of services or make an additional charge of a reasonable

sum to compensate us for any extra work that is required as a result. We will not be

responsible for providing the Services late or not providing any part of them if this is

caused by you not giving us the information we need within a reasonable time of us

asking for it.

10. REASONS WE MAY SUSPEND SERVICES

The Delphi Clinic may have to suspend the Services to:

(a) deal with technical problems or make minor technical changes;

(b) update the Services to reflect changes in relevant laws and regulatory

requirements;

paragraph 5).

11. YOUR RIGHTS IF WE SUSPEND THE SERVICES

11.1 The Delphi Clinic will contact you in advance to tell you it will be suspending the

Services, unless the problem is urgent or an emergency.

11.2 If the Services are suspended for longer than 21 days in any 3 month-period,

we will adjust the Price so that you do not pay for Services while they are

suspended. You may contact The Delphi Clinic to end the contract if we suspend the

Services, or tell you we are going to suspend them, in each case for a period of more

than 21 days and we will refund any sums you have paid in advance for Services not

provided to you.

12. SUPPLEMENTS

12.1 Any specific supplement programmes recommended by The Synthesis Clinic

will usually be reviewed at 4-6-weekly intervals and unless specified, are not

designed to be taken on a maintenance basis of over 3 months to avoid any potential

adverse effects.

12.2 Synthesis Clinic may recommend supplements and/or functional testing as a

part of your programme and may in some cases receive commission on these

products or services as a part of their trade account.

13. PROBLEMS AND COMPLAINTS

If you have a problem or complaint about the Services, please contact The Delphi

Clinic at contact@thedelphiclinic.com for support with a resolution.

14. SUMMARY OF YOUR LEGAL RIGHTS.

See the paragraph below for a summary of your key legal rights in relation to the

Services. Nothing in these Terms and Conditions will affect your legal rights.

Summary of your key legal rights. These are subject to certain exceptions. 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:

(a) 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;

(b) if you haven't agreed a price beforehand, what you're asked to pay must be

reasonable;

reasonable time.

15. COMMUNICATIONS

15.1 All notices under these Terms and Conditions shall be in writing and signed by,

or on behalf of, the party giving notice (or a duly authorised officer of that party).

15.2 Notices shall be deemed to have been duly given:

(a) when delivered, if delivered by courier or other messenger (including registered

mail) during the normal business hours of the recipient;

(b) when sent, if transmitted by fax or email and a successful transmission report or

return receipt is generated;

(d) on the tenth business day following mailing, if mailed by airmail.

15.3 All notices under these Terms and Conditions shall be addressed to the most

recent address, email address or fax number notified to the other party.

16. THE CLIENT’S RIGHTS TO END THE CONTRACT

16.1 Without prejudice to your rights to cancel a consultation pursuant to paragraph

4.2 and subject to your obligation to notify The Delphi Clinic of any cancellation with

at least 48 hours’ notice in advance, you can always end the contract before the

Services have been supplied and paid for. You may contact us at any time to end the

contract for the Services, but in some circumstances we may charge you certain

sums for doing so, as described below.

16.2 If you are ending the contract for a reason set out at (a) to (d) below the

contract will end immediately and we will refund you in full for any Services which

have not been provided or have not been properly provided. The relevant reasons

are:

(a) we have told you about an error in the Price or description of the Services you

have booked and you do not wish to proceed (see paragraph 3.6);

(b) there is a risk the Services may be significantly delayed because of events

outside our control (see paragraph 11);

them for technical reasons, in each case for a period of more than 21 days (see

paragraph 10); or

(d) you have a legal right to end the contract because of something we have done

wrong.

16.3 If you are not ending the contract for one of the reasons set out in paragraph

15.2, the contract will end immediately, but we may charge you reasonable

compensation for the net costs we will incur as a result of your ending the contract.

17. THE DELPHI CLINIC’S RIGHTS TO END THE CONTRACT

The Delphi Clinic may end the contract at any time by writing to you if:

(a)you do not make any payment to us when it is due and you still do not make

payment within 3 days of us reminding you that payment is due;

(b) 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, any

information required pursuant to paragraphs 7 or 8;

medical conditions which means that we are no longer able to provide an appropriate

standard of Services; or

(d) manifest any inappropriate, offensive or violent behaviour against any of our

medical practitioners or any member of staff or misuse staff time consistently

(e) the clinic team’s assessment is that we cannot provide the right services to fulfil

your individual needs and you need to have an onward referral to another care

provider

18. LIABILITY

18.1 The Delphi Clinic will not be liable in contract, tort or otherwise for any

economic loss (including, without limitation, loss of profit), or for any other special,

indirect or consequential loss or damage arising out of, or in connection with, its

provision of any Services to the Client.

18.2 It is the Client’s responsibility to ensure that he or she provide The Delphi Clinic

practitioner with all relevant medical details prior to each consultation or as

requested by The Delphi Clinic in accordance with these Terms and Conditions. The

Delphi Clinic will not be liable for any damage that occurs as a result of the Client’s

failure to disclose such details.

18.3 The Client agrees to comply with all instructions and/or recommendations given

to them by The Delphi Clinic regarding the programme, any supplements and/or

medication recommended by The Delphi Clinic.

18.4 Nothing in these terms of business shall exclude or limit The Delphi Clinic’s

liability for death or any personal injury resulting from Synthesis Clinic negligence.

19. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performing their obligations

where such failure or delay results from any cause that is beyond the reasonable

control of that party. Such causes include, but are not limited to: power failure,

Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms,

earthquakes, acts of terrorism, acts of war, governmental action or any other event

that is beyond the control of the party in question.

20. NO WAIVER

No waiver by The Delphi Clinic of any breach of these Terms and Conditions by the

Client shall be considered as a waiver of any subsequent breach of the same or any

other provision.

21. SEVERANCE

In the event that one or more of these Terms and Conditions is found to be unlawful,

invalid or otherwise unenforceable, those provisions shall be deemed severed from

the remainder of these Terms and Conditions (which shall remain valid and

enforceable).

22. LAW AND JURISDICTION

22.1 These Terms and Conditions (including any non-contractual matters and

obligations arising therefrom or associated therewith) shall be governed by, and

construed in accordance with, the laws of England and Wales.

22.2 Any dispute, controversy, proceedings or claim between The Delphi Clinic and

the Client relating to these Terms and Conditions (including any non-contractual

matters and obligations arising therefrom or associated therewith) shall fall within the

jurisdiction of the courts of England and Wales.

23. PROFESSIONAL INSURANCE INFORMATION

The Delphi Clinic Ltd holds the following insurance policies:

(a) Public and Products Liability Insurance for the England and Wales territory.

(b) Medical Malpractice Insurance with Premium Medical Protection , Unit 25,

Tachbrook Park, Athena Court, Athena Dr, Royal Leamington Spa, Warwick CV34

6RT for the England and Wales territory.

24. PROFESSIONAL AND REGULATED PROFESSION DETAILS

24.1 Dr Katerina Bambang, Medical Doctor, UK, GMC 6073130. Please note that the

medical team composition may change over time, and GMC details for any additional

doctors that have not been updated on these Terms and Conditions and updated

team composition details are available on request.

24.2 Professional membership:

(a) GMC registered; RCOG registered

24.3 The Guidance relating to the professional GMC rules can be provided on

request and are available via the professional organisation’s website.