The Allergy and Health Test Clinic – Terms and Conditions
1. INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply:
“Company” means the Allergy and Health Test Clinic, in London this is part of Kate Knowler Nutrition Limited, and in Berkshire this is owned and run by Katherine Bradfield.
“Client” means any person that has completed and submitted the online registration form (the “Registration Form”) at www.allergytest-london.co.uk and which registration has been accepted by the Company.
“Appointment” means the scheduled session made by a Client with the Company.
“Clinic” means the premises leased by The Klinik & Pilates K Limited, and any one of The Klinik & Pilates K Limited therapy rooms at 16 Devonshire Row, London EC2M 4RH, or the premises leased by StillPoint Centre for Wellbeing, and any one of the StillPoint Centre for Wellbeing therapy rooms at 18 Devonshire Row, London, EC2M 4RH, or the premises leased by 1st Chiropractic and any one of the therapy rooms at Suite 6 Cockayne House, 126-128 Crockhamwell Road, Woodley, Reading, Berkshire, RG5 3JH.
“Terms and Conditions” means these terms and conditions.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3 The Terms and Conditions are incorporated into the Registration Form.
1.4 The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Clinic and the conduct of Clients. Any such changes will be notified to Clients and, until revoked, are and will be binding on Clients.
1.5 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2.1 Subject to these terms and conditions, when a person has completed the Registration Form he will become a Client of the Company.
2.2 Acceptance of a person as a Client is in the absolute discretion of the Company.
2.3 The Company reserves the right to expel from the Clinic any Client whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Company or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Clients of the Clinic. Any Member so expelled will forthwith cease to be a Client of the Company and will not be entitled to any refund.
2.4 If a Client brings a guest to the Clinic for an appointment, that guest may attend the Appointment with the Client at the discretion of the Company.
2.5 Clients must be 18 or over or be accompanied by a parent or guardian prior to attending an Appointment.
3. COMPANY OPENING TIMES
Details of appointment times at the Clinic may vary from time to time. Appointment times will be published by the Company and will be available at www.allergytest-london.co.uk
4. PAYMENT TERMS
4.1 Details of Appointment prices are available either at www.allergytest-london.co.uk or directly from the Clinic or Company and will be such prices as determined by the Company from time to time.
4.2 A Client may not attend any Appointment at the Clinic without first booking and paying the nominal deposit for the relevant Appointment.
4.3 Payments for Appointments in any amount are non-refundable unless otherwise stated in the Terms and Conditions.
5. BOOKINGS AND CANCELLATIONS
5.1 A Client may only book or reschedule Appointments via their personal Appointment booking facility www.allergytest-london.co.uk or by email to firstname.lastname@example.org
5.2 Clients will not be eligible for a refund of any deposit payment for their Appointment where cancellation or the rescheduling of a session is not made online or notice of the same is not delivered by telephone or by email to the Clinic at least 24 hours prior to the booked time.
5.3 Appointments are booked on a first-come first-served basis. A Client may request to join the waiting list facility by emailing email@example.com in the event that his first choice session is unavailable. If a Client joins the waiting list for a particular day, is notified by the Company of availability, and then books an Appointment his booking will be subject to the Terms and Conditions in the usual way.
5.4 In the event that a Client arrives more than 20 minutes late for their appointment, it will be at the Company’s discretion to either commence the appointment or reschedule to an alternative date/time convenient to both Client and Company.
5.5 A Client may only book and attend a Follow-Up appointment within 6 months of their original full test appointment. After 6 months, any existing client wishing to visit the Clinic must book a Full Test appointment and pay the appropriate fee.
6. FITNESS AND HEALTH
6.1 By agreeing to these Terms and Conditions Clients hereby confirm that they do not have a pacemaker device fitted and are not in the first trimester of pregnancy.
6.2 All Information provided by the Company is intended for nutritional information only and is not meant for medical diagnostic purposes. We recommend that you contact your doctor if you suspect you may have any serious medical or health conditions. Nutritional Therapy is not an alternative to conventional medicine, but Complementary.
6.3 The Company reserves the right to refuse access to any Client if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Company facilities.
7. LIMITATION OF LIABILITY
7.1 The Company cannot be held responsible for any particular Appointment or therapist not being available for whatever reason. The Company reserves the right to make alterations to the Appointments and therapists, as well as to those ancillary facilities (e.g. washroom facilities), provided to Clients, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
7.2 It is the Client’s responsibility to ensure that he is capable of undergoing an elimination diet following an Appointment he attends. Advice provided by our therapists at no time constitutes medical advice in substitute for advice provided by a medical professional.
7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Clinic premises or outside the Clinic except insofar as such loss, damage or injury is by law incapable of exclusion.
7.4 In consideration of their participation in the activities and programmes of the Company and the use of facilities and equipment owned and/or under the control of the Company the Client hereby waives and releases the Company from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omission of the Company.
8. USE OF FACILITIES
8.1 A Client is entitled to use the Clinic’s facilities provided always that the Clinic may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Clinic or the Company.
8.2 Children under the age of 18 may only attend an appointment for theirselves if accompanied by a parent or guardian.
9. PERSONAL BELONGINGS
Personal belongings are brought onto the Clinic premises at the Client’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
10. SAFETY & HYGIENE
10.1 In the interests of safety and hygiene, no crockery, glass or food are permitted during Appointments except those samples to be used during an Appointment.
10.2 Clients must use the main entrance to the Clinic when entering or leaving the Clinic. Fire exits, which are clearly marked, are there in the interests of safety and Clients must not interfere with these exits for any reason. In the event of a fire, Clients are asked to make their way to the nearest available exit.
10.3 Smoking is forbidden in the Clinic.
11.1 Clients are required to give written notice to the Company of any change of email address. Failing such notice, all communications will be assumed to have been received by the Client within five days of mailing to the last email address notified to the Company.
11.2 The Company reserves the right to refuse admission to the Clinic.
11.3 The Company may assign the benefit of the Registration Process and a Client’s membership to a third party at any time without notice to the Client.
11.4 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
11.5 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Clinic and which are made available to Clients at the Clinic will at all times remain the property of the Company and will be subject to the Company’s copyright.
The Company holds some information about you. This document outlines how that information is used, who we may share that information with and how we keep it secure. This notice does not provide exhaustive detail. However, we are happy to provide any additional information or explanation needed. Any requests for this should be sent to firstname.lastname@example.org. We keep our Privacy Notice under regular review. This Privacy Notice was last reviewed in May 2018.
12.1 What We Do
The Company provides nutritional therapy services to clients to improve their health through diet and lifestyle interventions. We focus on preventative healthcare, the optimisation of physical and mental health and chronic health conditions. Through nutritional therapy consultations, dietary and lifestyle analysis and biochemical testing, we aim to understand the underlying causes of your health issues which we will seek to address through personalised dietary therapy, nutraceutical prescription (supplements) and lifestyle advice.
12.2 How We Obtain Your Personal Data
12.2.1 Information provided by you
You provide us with personal data in the following ways:
– By completing a nutritional therapy questionnaire
– By signing a terms of engagement form
– During a nutritional therapy consultation
– Through email, over the telephone or by post.
This may include the following information:
– Basic details such as name, address, contact details and next of kin
– Details of contact we have had with you such as referrals and appointment requests
– Health information including your previous medical history, dietary, lifestyle, supplement and medicine details, biochemical test results, clinic notes and health improvement plans
– GP contact information.
We use this information in order to provide you with direct healthcare. This means that the legal basis of our holding your personal data is for legitimate interest.
Following completion of your last consultation we retain your personal data for the period defined by our professional association, the British Association for Nutrition and Lifestyle Medicine (BANT) and registrant body, the Complementary and Natural Healthcare Council (CNHC). This enables us to process any further queries you may have. In this case the legal basis of our holding your personal data is for contract administration.
12.2.2 Information we get from other sources
We may obtain sensitive medical information in the form of test results from biochemical testing companies. We use this information in order to provide you with direct healthcare. This means that the legal basis of our holding your personal data is for legitimate interest.
We may obtain sensitive information from other healthcare providers. The provision of this information is subject to you giving us your express consent. If we do not receive this consent from you, we will not be able to coordinate your healthcare with that provided by other providers, which means the healthcare provided by us may be less effective.
12.3 How we use your personal data
We act as a data controller for use of your personal data to provide direct healthcare. We also act as a controller and processor in regard to the processing of your data from third parties such as testing companies and other healthcare providers.
We undertake at all times to protect your personal data, including any health and contact details, in a manner which is consistent with our duty of professional confidence and the requirements of the General Data Protection Regulation (GDPR) concerning data protection. We will also take reasonable security measures to protect how your personal data is stored.
We may use your personal data where there is an overriding public interest in using the information e.g. in order to safeguard an individual, or to prevent a serious crime. Also where there is a legal requirement such as a formal court order. We may use your data for marketing purposes such as newsletters but this would be subject to you giving us your express consent.
12.4 Do you share my information with other organisations?
We will keep information about you confidential. We will only disclose your information with other third parties with your express consent with the exception of the following categories of third parties:
-Our registrant body, CNHC, and our professional association, BANT, for the processing of a complaint made by you
– Any contractors and advisors that provide a service to us or act as our agents on the understanding that they keep the information confidential
– Anyone to whom we may transfer our rights and duties under any agreement we have with you
– Any legal or crime prevention agencies and/or to satisfy any regulatory request (eg, CNHC) if we have a duty to do so or if the law allows us to do so
We will seek your express consent before sharing your information with your GP or other healthcare providers. However if we believe that your life is in danger then we may pass your information onto an appropriate authority (such as the police, social services in the case of a child or vulnerable adult, or GP in case of self-harm) using the legal basis of vital interests.
We may share your case history in an anonymised form with our peers for the purpose of professional development. This may be at clinical supervision meetings, conferences, online forums, and through publishing in medical journals, trade magazines or online professional sites. We will seek your explicit consent before processing your data in this way.
12.5 What are your rights?
Every individual has the right to see, amend, delete or have a copy, of data held that can identify you, with some exceptions. You do not need to give a reason to see your data.
If you want to access your data, you must make a subject access request in writing to email@example.com. Under special circumstances, some information may be withheld. We shall respond within 20 working days from the point of receiving the request and all necessary information from you. Our response will include the details of the personal data we hold on you including:
– Sources from which we acquired the information
– The purposes of processing the information
– Persons or entities with whom we are sharing the information
You have the right, subject to exemptions, to ask to:
– Have your information deleted
– Have your information corrected or updated where it is no longer accurate
– Ask us to stop processing information about you where we are not required to do so by law or in accordance with the BANT and CNHC guidelines.
– Receive a copy of your personal data, which you have provided to us, in a structured, commonly used and machine readable format and have the right to transmit that data to another controller, without hindrance from us.
– Object at any time to the processing of personal data concerning you
We do not carry out any automated processing, which may lead to automated decision based on your personal data.
If you would like to invoke any of the above rights then please write to the Data Controller at Kate Knowler Nutrition Limited, 16 Devonshire Row, London, EC2M 4RH, or email firstname.lastname@example.org.
12.6 What safeguards are in place to ensure data that identifies me is secure?
We only use information that may identify you in accordance with GDPR. This requires us to process personal data only if there is a legitimate basis for doing so and that any processing must be fair and lawful.
Within the health sector, we also have to follow the common law duty of confidence, which means that where identifiable information about you has been given in confidence, it should be treated as confidential and only shared for the purpose of providing direct healthcare. We will protect your information, inform you of how your information will be used, and allow you to decide if and how your information can be shared.
We also ensure the information we hold is kept in secure locations, restrict access to information to authorised personnel only, protect personal and confidential information held on equipment such as laptops with encryption (which masks data so that unauthorised users cannot see or make sense of it). We ensure external data processors that support us are legally and contractually bound to operate and prove security arrangements are in place where data that could or does identify a person are processed.
Kate Knowler Nutrition Limited is registered with the Information Commissioner’s Office (ICO) as a data controller and collects data for a variety of purposes. A copy of the registration is available through the ICO website (search by business name).
12.7 How long do you hold confidential information for?
All records held by the Company will be kept for the duration specified by guidance from our professional association BANT.
12.8 Website technical details
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout
If you have a complaint regarding the use of your personal data then please contact us by writing to the Data Controller at Kate Knowler Nutrition Limited, 16 Devonshire Row, London, EC2M 4RH or email email@example.com and we will do our best to help you.
If your complaint is not resolved to your satisfaction and you wish to make a formal complaint to the Information Commissioner’s Office (ICO), you can contact them on 01625 545745 or 0303 1231113.