Terms & Privacy

National Data Opt-out

Hever Care reviews all of its data processing by way of an annual cycle to assess if the national data opt-out applies. This is recorded in a Record of Processing Activities (RoPA). All new processing is assessed to see if the national data opt-out applies.

Where data processing falls within the scope of the National Data Opt-Out, MESH is used to verify if any clients, current or prospective, have opted out of their data being used for this purpose.

At this time, we do not share any data for planning or research purposes for which the national data opt-out would apply. We review all of the confidential patient information we process on an annual basis to see if this is used for research and planning purposes. If it is, then individuals can decide to stop their information being shared for this purpose. You can find out more information at https://www.nhs.uk/your-nhs-data-matters/.

Your personal information

Who we are

For the purposes of the Data Protection requirement the data controller is Hever Care Limited, company number 13749124. We are registered with the Information Commissioner’s Office, registration number: ZB284991.

Contacting us

If you want to request further information about this privacy notice or exercise any of your rights, you can email the Data Protection Officer at Care.VNLVK@nhs.net.

If you want access to your care record, please contact us at:

Legal Services
Hever Care Limited
C/O 2 Turnbull Place
Riding Lane
Hildenborough
Kent
TN11 9LN

Care.VNLVK@nhs.net
01732 207 944

Our commitment to you

We are committed to protecting and respecting your privacy, and we take your privacy very seriously and we recognise the trust placed in us by individuals whose information we process.

To enable us to provide the best health and care we can, we collect different personal data and information required to undertake our activities and aims.

The information below sets out the basis on how any personal data we collect from you, or that you provide to us, or that we obtain about you, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. We are committed to ensuring that we do so in a manner that is lawful and respects your privacy.

Your data protection rights

We take the protection of your personal data very seriously and respect your privacy in accordance with data protection legislation and best practice. You have rights relating to your personal information. You can find more information about your privacy rights on the Information Commissioner’s Office website www.ico.org.uk.

The Data Protection Act 2018 and the UK General Data Protection Regulation (GDPR) directs how we must use the personal information we hold about you.

You have the right to be informed about how and why we process your personal information and any time you give us personal information you have the right to be informed about why we need it and how we’ll use it.

You can find most of the information you need in this Privacy Notice.

> You have right of access to any of your personal data that we hold about you

If you make a formal Subject Access Request (SAR), we will respond to acknowledge your request and will first require you to prove your identity. We may also ask you for information about any specific information you are seeking to help us make sure we meet your request fully and speed up the process.

We will provide you the information that you are entitled to as soon as possible and without unreasonable delay and at the latest within one month of your identity been verified by us.

In exceptional cases we may extend the period of compliance by a further two months if the request(s) are complex or numerous. If this is the case, we will inform you within one month of the receipt of the request and explain why the extension is necessary.

In most circumstances there will be no charge for this right of access.

Legal Services
Hever Care Limited
C/O 2 Turnbull Place
Riding Lane
Hildenborough
Kent
TN11 9LN

legal@lawyerweb.sparktechwp.com
01732 207 944

> You have the right to ask us to correct any inaccurate personal information

If you believe information we hold about you to be inaccurate or incomplete, you can ask us to correct it at any time for example the spelling of your name or your contact information.

> You have the right to ask for our processing of your personal data to be restricted

For example, if you are contesting the accuracy of data we are using about you. In such cases we will restrict our processing while we verify the accuracy of the data that we hold.

> You have the right to object to certain processing

In addition to the right to restrict the use of your data, you also have a right to object to how we process it in certain circumstances.

> You can ask for certain information about you to be deleted

You can also ask for certain information about you to be deleted, although this does not apply to health data. In some cases, we will be unable to delete your information if there are statutory grounds to retain it (i.e., HMRC or other legal requirements).

As a registered Company, we are a legal entity, set up to provide goods and services for the purposes of supporting the health and social care system. We act as Health and Care Providers and provide community care services.

As such our business is based upon statutory powers which underpin the legal bases that apply for the purposes of the UK GDPR. We collect and use your personal information under the following primary lawful bases:

Article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us as a Data Controller, and the task or function has a clear basis in law;

Article 6(1)(c) – processing is necessary for compliance with a legal obligation to which we as a Data Controller are subject, for example where we have a specific legal obligation that requires the processing of personal data such as processing Subject Access or Freedom of Information requests;

Article 6(1)(d) – where processing is necessary to protect the vital interests of the data subject or another person, for example the processing is necessary to protect someone’s life.

Article 6(1)(b) – processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

Article 6(1) (a) – where you have given us consent for us to process your personal data for a specific purpose;

Special category data

As part of the Hever Care Limited’s statutory and corporate functions, we process special category data and criminal offence data in accordance with the requirements of Article 9 and 10 of the UK General Data Protection Regulation (‘GDPR’) and Schedule 1 of the Data Protection Act 2018 (‘DPA 2018’).

Where we process special categories data, for example data concerning health, racial or ethnic origin, or sexual orientation, we need to meet an additional condition in the UK GDPR. Where we are processing special categories of personal data for purposes related to the commissioning and provision of health services the condition is:

Article 9(2)(h) – processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.

Article 9(2)(c) – where processing is necessary to protect the vital interests of the data subject or of another natural person. An example of our processing would be using health information about a patient in a medical emergency.

Article 9(2)(b) – processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law.

Article 9(2)(f) – for the establishment, exercise, or defence of legal claims. Examples of our processing include processing relating to any tribunal or other litigation. Hever Care Limited may also process personal data for the purpose of, or in connection with, legal proceedings (including prospective legal proceedings), for the purpose of obtaining legal advice, or for the purpose of establishing, exercising or defending legal rights.

Article 9(2)(g) – processing is necessary for reasons of substantial public interest.

Article 9(2)(a) – explicit consent – in circumstances where we seek consent, we make sure that the consent is unambiguous and for one or more specified purposes, is given by an affirmative action and is recorded as the condition for processing. For example, for some special projects that we may undertake.

Criminal conviction data

Article 10 UK GDPR covers processing in relation to criminal convictions and offences or related security measures. In addition, section 11(2) of the DPA 2018 specifically confirms that this includes personal data relating to the alleged commission of offences or proceedings for an offence committed or alleged to have been committed, including sentencing. This is collectively referred to as ‘criminal offence data’.

Information we collect from you and what we do with it

It is important that we inform you about the information we collect and why we collect it.  The information we collect and the reason for collecting it are different for different groups of individuals.

Information can be classed as ‘personal’ for example your name, address or date of birth or ‘sensitive’ e.g., details about your health, race or ethnic origin, sexual orientation.

We do not collect more information than we need to fulfil our stated purposes and will not retain for longer than is necessary.

The list below provides a general overview of the types of information we collect and why, it is not an exhaustive list but gives an indication of the general types of information we collect.

In general, the personal information that we collect, hold and share includes:

  • personal information (such as name, date of birth, NHS number, addresses, contact details);characteristics (such as gender, ethnicity, language, medical conditions, nationality, country of birth);
  • details of the medical records and health of patients including current and previous GP practice details;
  • specific information relation to child protection or safeguarding.

By providing us with your contact details, you are agreeing for us to use these ways to communicate with you about your care, i.e., by letter (address), by voicemail or voice message (telephone or mobile number), by text message (mobile number) or by email (email address).

Who we share information with

We understand that sharing information is a sensitive topic, however on occasions it is necessary for us to allow others to see your personal data. We will never sell your information and are committed to being transparent with you about where we legally share information, the reason why and who with. The information below gives an overview of the most frequent sharing that we undertake.

We routinely share information with internal and external health professionals directly involved with your care. We may share your personal information with NHS organisations, or the Local Authority for health and care purposes. This may include NHS Trusts, or other providers of NHS services including for example general practitioners (GPs), ambulance services and primary care agencies.

We may need to share information from your care records with other non-NHS organisations, such as Social Services if you are also receiving care or support from them, to ensure that the services you receive are appropriate.

These non-NHS organisations may include, but are not restricted to:

  • Social Services
  • Education services
  • Local authorities
  • The police
  • Other independent sector providers.

All members of staff employed by these agencies are bound by the common law duty of confidentiality which means that information that you provide to us must be held in confidence and not shared with anyone else.

On occasions, we will share information with organisations who can provide additional services to deliver positive outcomes for our service users and families, providing substantial benefits and opportunities. We share the minimum information necessary to allow the other organisation (e.g., food banks, meal delivery services, self-management support etc.) to deliver these services. These partners are a key element in helping us to deliver integrated care and meet our common law duty of care.

We will only share information once we have discussed this with you.

We may need to share information from your care record for the purposes of evaluating the quality of care that we provide, for example with professional bodies and regulators in accordance with our statutory obligations.

We may also be asked by other statutory bodies to share basic information about you, such as your name and address – but not sensitive information from your health records. When this happens, it is normally because it will assist them to carry out their statutory duties and it is lawful for us to do so.

On occasions we may be required by law to provide information about you for any of the following purposes:

  • the prevention or detection of crime,
  • the apprehension or prosecution of offenders, or
  • the assessment or collection of any tax or duty or of any imposition of a similar nature.

We are not obliged to inform you when this happens.

Your information may be accessed and shared internally by our staff in the event of routine enquiries, complaints about us or where we are required to do so by law, for example processing subject access requests or Freedom of Information requests, financial transactions, maintaining our accounts and prevention of fraud. This may include members of different departmental admin teams and our IT staff if access to the data is necessary for performance of their roles, the nature of the enquiry or request and it is within the above lawful bases.

Information about the use of our IT systems is shared with technical suppliers for the purposes of support and system administration.

In the event that we share personal data with third parties, we will provide the minimum amount of personal data necessary to fulfil the purpose for which we are required to share the data.

Telephone systems

The telephone systems record incoming and outgoing calls for training and monitoring purposes. Access to recordings are restricted. Disclosure will be made in accordance with the Data Protection Act. See the Legal Services contact details at the top of this notice.

Where we store your information and how we keep it safe

All personal information is stored on our IT systems on secure servers or in secure cabinets in protected areas and offices etc. We operate a suite of IT and security policies to ensure your information is kept secure, including appropriate access and auditing controls.

We use antivirus software and firewalls to protect against cyber-attack. Unfortunately, the transmission of information via the internet isn’t completely secure. Although we’ll do our best to protect your personal information, we cannot guarantee the security of information you may send to us that is outside of our security arrangements, for example via your personal email accounts etc.

We also operate strict physical security at all our sites and our employees all receive annual security and data protection awareness training.

Your information is not sent outside the United Kingdom or the European Union unless the recipient has the same level of legal responsibility as we do.

We are fully compliant with the NHS Data Security and Protection Toolkit and publish our assessment annually.

How long we keep information about you

We only keep information for as long as necessary in accordance with legislation or relevant regulations.  Once we no longer need to keep your information, we remove it from our systems or securely dispose of it.

All service user records are destroyed in accordance with the Records Management Code of Practice for Health and Social Care which sets out the appropriate length of time each type of NHS record is retained for.

We do not keep personal records for longer than necessary and all records are destroyed confidentially once their retention period has been met, and we have made the decision that the records are no longer required.

Telephone call recordings are kept for three calendar months.

Changes to this notice

This privacy notice may change from time to time, for example, if the law around privacy or personal information changes or for operational purposes. We encourage you to check for updates to this notice from time to time.

Making a complaint

Hever Care Limited tries to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring it to our attention if they think that our collection or use of information is unfair, misleading, or inappropriate. We would also welcome any suggestions for improving our procedures.

If you believe that Hever Care Limited has not complied with your data protection rights, you can complain to the Information Commissioner’s Office, their address is Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by calling 0303 123 1113.

Privacy Policy

This privacy policy discloses the privacy practices for Hever Care Limited (referred to as ‘we’, ‘us’ or ‘our’ from now on) for our website:

Our main website – www.hevercare.co.uk.

It sets out the different areas where user privacy is concerned and outlines the obligations and requirements of the users, the website and website owners. This policy also explains the way this website processes, stores and protects user data and information.

The information we collect and its use

We collect certain information and/or data about you when you use this website. This can be from questions, queries, or feedback you leave, transactions you make or from cookies we may use. This helps us to monitor and improve the site, respond to any feedback you may send us – if you have asked us to or provide you with other information. While using our website, we may ask you to provide us with personally identifiable information that can be used to respond to your query or for delivery purposes. The information required can vary between items/functions and may include, but is not limited to:

  • your full name
  • your address
  • your email address
  • your date of birth
  • your NHS number.

We have referral forms for a number of our services and these forms ask for a range of different information to help the service with the referral.

Purchases

When ordering or buying a product or service on our website, we may ask for personally identifiable information as outlined. Payments are dealt with independently by our payment supplier WorldPay on our behalf and no card details are kept by us. You are advised to review WorldPay’s privacy policy and terms and conditions before continuing with the transaction. The information you supply is used for billing, delivery and processing your order. You will receive an electronic confirmation of your order to the email you supply. We will also use this information to contact you regarding your order if necessary.

Cookies

Like most websites, we collect non-personally identifying information about your interactions and use of www.hevercare.co.uk. Cookies are small files saved to your computer that track, save, and store this information. The information that cookies may collect can be about:

  • your computer and your visits to and use of this website, including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation details
  • any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services
  • the details that you provide to us for the purpose of registering with us
  • the details that you provide to us for the purpose of subscribing to our website services, email notifications and/or marketing materials
  • any other information that you choose to send to us.

Users are advised that if they wish to deny the use and saving of cookies from this website onto their computer’s hard drive, they should take necessary steps within their web browser’s security settings to block all cookies from this website and its external serving vendors. We use Google Analytics to analyse use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at https://www.google.com/privacypolicy.html.

Your knowledge and consent are required for the collection, use or disclosure of personal information except where required or permitted by law. Providing us with your personal information is always your choice. However, your decision not to provide certain information may limit our ability to provide you with our products or services. By using this site and submitting your information, you agree to the collection and use of the information in accordance with this policy. If you are supplying personal information on behalf of someone else, you must obtain that person’s explicit consent to both the disclosure and the processing of that personal information and their agreement to the storage and use of that data as set out in this privacy policy.

Limiting collection, use, disclosure, and retention

The personal information collected will be limited to just those details necessary to achieve the intended purpose, such as processing and delivering your purchase. They will only be used or disclosed for this purpose unless you have otherwise consented, or when it is required or permitted by law. Personal information is kept private and stored securely until a time when it is no longer required or has no use, such as the purpose for which it was collected being fulfilled, as detailed in the current data protection legislation. In general, this will be for a period of one year.

However, there may be times when this period is extended, such as for the purpose of resolving disputes. We may pass on your personal information if we have a legal obligation to do so, or if we have to enforce or apply our terms of use and other agreements. This includes exchanging information with other government departments for legal reasons. You are automatically opted out of receiving future contact from us about new products and services unless you have otherwise indicated. In this case, we would use the contact details you have provided. You can unsubscribe from these emails at any time by using the unsubscribe link within the email.

Keeping your data secure

Personal information will be protected by security safeguards that are appropriate to the sensitivity level of the information. We take all reasonable precautions to protect your personal information from any loss or unauthorised use, access, or disclosure. Wherever we collect personal information, such as for an online purchase, this information is encrypted and transmitted in a secure way. You can verify this by looking for a closed padlock icon and/or for ‘https’ in the address bar of your browser. Your information is only accessed by those people who need it to perform a specific task, such as responding to a query, or the delivery of goods ordered through the website. This is restricted solely to the service responsible for the item/product you have purchased or the individual(s) dealing with your query. We won’t share your information with other organisations for marketing, market research or commercial purposes.

Customer access

Upon request, you will be informed of the existence, use and disclosure of what information we hold about you in relation to this website. You may verify the accuracy and completeness of your information and, if appropriate, may request that it be amended. However, in certain circumstances permitted by law, we will not disclose certain information to you. For example, if there are legal, security or commercial proprietary restrictions.

Other websites

Our website may contain links to other third-party websites that are not governed by this privacy policy. Our privacy policy, will therefore, no longer apply once you leave our website. Additionally, we are not responsible for the privacy practices employed by these third-party websites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared, and disclosed.

Social media platforms

Communication, engagement, and actions taken through external social media platforms with which this website and its owners participate are custom to the terms and conditions, as well as the privacy policies held with each social media respective platform. Users are advised to use social media platforms wisely and communicate/engage upon them with due care and caution in regard to their own privacy and personal details. This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

This website and its owners through their social media platform accounts may share web links to relevant web pages. By default, some social media platforms shorten lengthy urls (web addresses). Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to make sure only genuine urls are published, many social media platforms are prone to spam and hacking and so this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.

Terms & Conditions

Please read these terms and conditions carefully before using the www.hevercare.co.uk website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Hever Care Limited’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

These terms apply to all visitors, users and others who access or use the www.hevercare.co.uk website. Hever Care Limited (referred to as ‘we’, ‘us’ or ‘our’ from now on) whose registered office is 2 Turnbull Place, Riding Lane, Hildenborough, Kent TN11 9LN, is the owner and operator of this website (hereafter “the Website”). The terms ‘you’ and “your” refer to the user or viewer of the Website.

Use of the website

Using the Website is subject to the following terms of use:

  • The content of the pages of the Website is for your general information and use only. It is subject to change without notice.
  • The Website uses cookies to monitor your browsing preferences. By using the Website you agree to allow cookies to be used. The following personal information may be stored by us for analytical purposes:
    • your computer and your visits to and use of the Website (including your IP, address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation details)
    • any transactions carried out between you and us on or in relation to the Website, including information relating to any purchases you make of our goods or services
    • details that you provide to us for the purpose of registering with us
    • details that you provide to us for the purpose of subscribing to our website services, email notifications and/or marketing materials
    • any other information that you choose to send to us.
  • This is statistical data about our users’ browsing actions and patterns and does not identify any individual.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to make sure that any products, services, or information available through the Website meet your specific requirements.
  • The Website contains material, which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in the Website which are not the property of, or licensed to Hever Care Limited, are acknowledged on the Website.
  • Unauthorised use or reproduction of material on the Website may be a breach of copyright and give rise to a claim for damages and/or be a criminal offence.
  • From time to time, the Website may also include links to other websites. These links are provided in good faith for your convenience to allow you to quickly access sources of further information. However, the presence of these links does not signify that we endorse the website(s) and we have no responsibility for the content of the linked website(s).
  • Your use of the Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales.
Purchases

When ordering or purchasing a product or service on the Website, we may ask you to supply certain information relevant to your purchase including, but not limited to, your:

  • full name
  • address
  • phone number
  • email address
  • date of birth
  • NHS number.

Payments are dealt with independently by our payment supplier PayPal on our behalf and no card details are kept by us. The information you supply is used for billing and delivery purposes. If we have difficulty in processing your order, we will use this information to contact you.

Delivery

For purchases of goods, unless otherwise stated, a delivery charge will be added. This will be the actual cost of delivering the item using standard Royal Mail postal charges, or a minimum charge of £5, whichever is greater. If you are returning items because you have changed your mind and are cancelling your order, return delivery will be at your own cost. We will only pay for the return delivery of items that have been received by you if they are damaged, faulty, mis-described, received in error due to delivery at the wrong address or the wrong product was sent.

Right to cancel

When you buy goods from a business, in law you have a number of rights as a consumer. All customers have the right to cancel their orders under the Distance Selling Regulations which give consumers extra protection when buying online. These include the right to claim a refund, replacement, and/or repair where the goods are faulty or mis-described. In addition to your legal rights, we will also allow you to return goods if you simply change your mind. Please let us know that you have changed your mind and return the unused goods to us with the original receipt/delivery note within 14 days and we will offer you an exchange or refund. Once you are in possession of the goods, you are under a duty to retain them and take reasonable care of them. You must send the goods back to us at our contact address below at your own cost unless they are damaged, faulty, mis-described, or received in error due to delivery at the wrong address or the wrong product was sent.  You must return the goods as soon as possible. Please refer to the delivery section above for more information. We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense. Once you have notified us that you wish to cancel the contract, any sum that you have paid to us, less where appropriate the cost of delivering goods to you, will be refunded to you as soon as possible and, in any event, within 30 days of your cancellation. You will not have any right to cancel a purchase for the supply of any of the following goods:

  • for the supply of goods made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly
  • for the supply of audio or video recordings or computer software if they are unsealed by you.

The Website may contain links to third party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods, or services available on or through any such websites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these terms and conditions at any time.

At-Home Health MOTs

Introduction

  1. These are the terms and conditions on which we supply at-home health MOT services to you in your home (“Services”).
  2. Please read these terms carefully before you make a booking. These terms tell you who we are, how we will provide the 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, please contact us to discuss.
  3. 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.
  4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  5. These terms set out the full details and constitute the entirety of your agreement with Hever Care Limited for the Services. Upon payment to Hever Care for the Services or the commencement of the supply of the Services (whichever happens sooner) you will be deemed to have accepted these terms. If you do not agree to these terms you should not use the Services.
  6. We may change these terms at any time without providing you with prior or express notice of any such change. You should check these terms from time to time for any changes. By continuing to use the Services you agree to any and all changes made to these terms.

The Services

  1. The Services are provided as-is, as set out on the Hever Care web pages, Hever Care marketing communications or as described in our telephone call with you. We may change the Services at any time without giving you prior or express notice of any change.
  2. The Services are only available to individuals who are located in the UK aged 18 years or over.
  3. You agree not to breach this agreement, any codes of conduct, or any other applicable guidelines that apply to the Services or have been communicated to you by us or breach any laws or regulations.
  4. We may need certain information from you so that we can supply the Services to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract 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 supplying the Services late or not supplying 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.
  5. We may have to suspend the supply of all or part of the Services to: (a) deal with technical problems or make minor technical changes; or (b) update the Services to reflect changes in relevant laws and regulatory requirements.
  6. We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

Payment

  1. The price of the Service (which includes VAT) will be the price indicated in our marketing information, on our website or discussed with you when you booked the Services. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see Payment (Clause 2) for what happens if we discover an error in the price of the Services you book.
  2. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the Service’s correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the Service’s correct price at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mis-pricing, we may end the contract and refund you any sums you have paid.
  3. Payment will be due following your appointment or in accordance with our cancellation policy (for further detail please see below). Standard terms are payment within 7 days by bank transfer or cheque.
  4. If you do not make any payment to us by the due date we 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 judgement. You must pay us interest together with any overdue amount.
  5. If you think an invoice is wrong please contact us 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.
  6. The fee constitutes the full cost of the Services and you will not be required to pay any additional sum to Hever Care unless: (a) your appointment lasts longer than the booking made and paid for the Service and/or (b) the scope of the booking is otherwise exceeded.

Cancellation and Refunds

  1. Should you wish to rearrange or cancel a booking you should call us on 01732 207 944. Where we are unavailable, please leave a voicemail message.
  2. Under applicable law when you (as a consumer) purchase the Services online or over the phone, you have a ‘cooling off period’ of 14 days from when you make a booking in which you are entitled to cancel and receive a full refund of the fee in respect of services not received.
  3. Where the appointment you book means that you will receive the Services within your cooling off period you acknowledge and agree that you will not be able to benefit from the full 14 day cooling off period.
  4. In addition to your statutory rights, when you book an appointment you are entitled to cancel the booking made. If you cancel: (a) any time up to 24 hours before the appointment you will receive a full refund; and (b) within 24 hours of the appointment, you will not receive any refund.
  5. Refunds will only be paid to the individual who made the original payment and will be made through the same means as payment was made.
  6. If we attend a booking you have made and you are unable to receive the Services because you are not in an appropriate physical condition or the tests are not appropriate for your condition or you do not have the correct technology or equipment to access the Services you will not be entitled to a refund. It is your responsibility to confirm that the appointment you book is appropriate for you and your condition and that (where applicable) you have the correct technology or equipment.
  7. If you cancel the appointment or this agreement where you have a legal right to do so, because we have done something wrong, we will refund you in full for any fees that you have paid for Services not provided.
  8. Where we are unable to deliver the Services at the time and date you have booked we will contact you directly to reschedule your appointment as soon as possible in advance of your booking.
  9. Where you are not able to agree a convenient time and date to reschedule your booking, your booking for those Services will be cancelled and you will receive a full refund of the fees for the Services.
  10. We may end the contract for the Services at any time by writing to you if: (a) you breach any of the terms of this agreement; or (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.
  11. You must compensate us if you break the contract. If we end the contract in the situations set out in Cancellation and Refunds (Clause 10) we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  12. We may withdraw all or part of the Services. We may write to you to let you know that we are going to stop providing all or part of the Services. We will use reasonable endeavours to let you know at least 5 days in advance of our stopping the supply of all or part of the Services and will refund any sums you have paid in advance for Services which will not be provided.

Complaints

  1. If you are unhappy with any Services you have received you should contact us: Care.VNLVK@nhs.net or provide feedback online.
  2. You can also request a full copy of our complaints procedure.

Use of the Service

  1. Please be aware that any information that you provide to us will only be reviewed at the time of your health assessment (if applicable) and to give you a statistical view of your health. If you feel that you may have a potentially urgent or serious physical or mental health issue which is new or deteriorating, then please do not wait – please seek medical advice straight away.
  2. Please note that the Services cannot detect all medical problems. If you develop any new health concerns or symptoms, or a pre-existing medical issue becomes worse, then you should seek further medical advice.
  3. The Services are not intended to replace medical advice and nothing in our personalised results report should be treated as a medical diagnosis or treatment. You should not disregard the advice of healthcare professionals you have seen in person in favour of the information contained in your personalised results report. In particular, you should never stop taking any medications or receiving surgical or medical services or diagnostic tests prescribed or recommended to you by a doctor based solely on the information contained in your personalised results report.
  4. You accept and understand that the tests undertaken as part of the Services are point-of-care tests and are intended as a guide only. They do not replace formal testing in formal healthcare settings.
  5. All equipment used by us to deliver the Services are clinically validated.
  6. You agree not to distribute, publish, duplicate, copy, create, modify, sell, distribute or share portions or all of the Services, the use of the Services or access to the Services for any commercial purposes.
  7. You agree not to remove, obscure or alter any proprietary rights notices including copyright and trademark notices that might be contained within the Services.
  8. Unless you have been authorised in writing by us, you agree not to use any trademarks, trade names or logos of any company or organisation through the Services in a way that is intended to cause confusion about such marks, names or logos.
  9. The Services may provide links to third party content or websites. Such links are provided for your information only and Hever Care is not responsible for, and cannot guarantee, the completeness, reliability or accuracy of information or other content on such third party content or websites or that such information is up to date. We have no control over the contents of this content or those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link to third party content or a third party website should not be taken in itself to mean endorsement by Hever Care of the content, website, the site owner, or any specific content to which it points. Hever Care also cannot guarantee that any third party content, website or any service on that website will remain available. Please also be aware that when you leave our website, other websites may have different privacy policies and terms which are beyond our control and of which you should make yourself aware.

Limitations of Liability

  1. You acknowledge and agree that computer, internet and telecommunications suffer interruptions and are not fault free and we do not make any representation or warranty in relation to such systems or technology. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrading may be required and we cannot therefore guarantee uninterrupted provision of the Services.
  2. Subject to clause Limitation of Liability (Clause XXXX), we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  3. 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 or for fraud or fraudulent misrepresentation.
  4. We are not liable for business losses. We only supply the Services for private, individual use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  5. Please note the Services do not include or provide for the following: referrals into NHS services, NHS prescriptions, prescribe certain controlled drugs, provide all diagnostic tests, fit notes for statutory sick pay, medical examinations and reports which require access to full medical records, antenatal or maternity care or drug and alcohol rehabilitation services.
  6. Subject to Limitation of Liability (Clause 3), we shall not be liable to you for any damages, costs or losses in excess of the cost of the Services paid by you to us.

Change of Details

  1. You should ensure that your name, address and other contact details provided to Hever Care are accurate and up to date. Please notify us of any changes as soon as reasonably practicable.

Other

  1. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
  2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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.
  4. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. We will only conclude this contract in the English language.

Covid-19 Privacy Notice

This notice describes how we may use your information to protect you and others during the COVID-19 outbreak. It supplements our main privacy notice which is available above.

Covid-19 privacy notice

The health and social care system is facing significant pressures due to the Covid-19 outbreak. Health and care information is essential to deliver care to individuals, to support health and social care services and to protect public health. Information will also be vital in researching, monitoring, tracking, and managing the outbreak. In the current emergency it has become even more important to share health and care information across relevant organisations.

Existing law which allows confidential patient information to be used and shared appropriately and lawfully in a public health emergency is being used during this outbreak. Using this law, the Secretary of State has required NHS Digital; NHS England and Improvement; Arm’s Length Bodies (such as Public Health England); local authorities; health organisations and GPs to share confidential patient information to respond to the COVID-19 outbreak. Any information used or shared during the COVID-19 outbreak will be limited to the period of the outbreak unless there is another legal basis to use the data. Further information is available on gov.uk and there are some FAQs on this law available on the NHSX website.

In order to look after your health and care needs, we may share your confidential patient information including health and care records with clinical and non-clinical staff in other health and care providers, for example neighbouring GP practices, hospitals and NHS 111. We may also use the details we have to send public health messages to you, either by phone, text, or email.

We will also be required to share personal or confidential patient information with health and care organisations and other bodies engaged in disease surveillance for the purposes of protecting public health, providing healthcare services to the public and monitoring and managing the outbreak. On the NHSX website you can find further information about how health and care data is being used and shared by other NHS and social care organisations in a variety of ways to support the COVID-19 response.

NHS England and Improvement and NHSX have developed a single, secure store to gather data from across the health and care system to inform the COVID-19 response. This includes data already collected by NHS England, NHS Improvement, Public Health England, and NHS Digital. New data will include 999 call data, data about hospital occupancy and A&E capacity data as well as data provided by patients themselves. All the data held in the platform is subject to strict controls that meet the requirements of data protection legislation.

In such circumstances where you tell us you’re experiencing COVID-19 symptoms we may need to collect specific health data about you. Where we need to do so, we will not collect more information than we require, and we will ensure that any information collected is treated with the appropriate safeguards.

We may amend this privacy notice at any time so please review it frequently. The date at the top of this page will be amended each time this notice is updated.

Contact Us

If you have any questions about these terms and conditions, please contact us at:

Hever Care
01732 207 944
Care.VNLVK@nhs.net

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