Terms of Service

1.1. Who we are. West End Health Limited (the “Clinic”, “we/us”) is a private general practice providing general practitioner and clinician services. West End Health Limited is a limited company incorporated and registered in England and Wales with company number 16777731 whose registered office is at 104 Conway Road, Colwyn Bay, Conwy, LL29 7LL. You can contact the Clinic by email at hello@westend.health or by telephone on 01492 463453.

1.2. What these Terms cover. These Terms of Service (“Terms”) set out the terms on which the Clinic deals with you. They cover three things:

1.2.1. Membership — clauses 3 to 10 apply to the contract between you and the Clinic for your subscription to use the Clinic’s general practitioner and clinician services;

1.2.2. Trial Appointments — clauses 11 to 18 apply to the contract between you and the Clinic for a one-off, in-person Trial Appointment; and

1.2.3. The Referral Offer — clauses 19 to 26 apply to the referral offer operated by the Clinic. The referral offer clauses apply only to the referral offer and do not amend the membership clauses.

Clauses 1, 2 and 27 to 32 apply to everything. If a membership, trial appointment or referral offer clause conflicts with a general clause, the more specific clause takes precedence for the matter it covers.

1.3. Changes to these Terms. The Clinic may amend these Terms from time to time. If the Clinic amends the membership clauses during your Subscription Term, it will notify you in writing and, by continuing to receive the Services, you shall be deemed to have accepted the amended Terms. The Clinic may amend the trial appointment clauses from time to time. The Clinic may amend the referral offer clauses from time to time (including withdrawing the offer), at its sole discretion.

1.4. These Terms apply to the exclusion of other terms. These Terms supersede all other terms and conditions previously used by the Clinic and apply to the exclusion of any terms and conditions which you purport to apply under any other document or which are implied by trade, custom, practice or course of dealing.

2.1. The following definitions apply throughout these Terms.

Applicable Laws: all laws, statutes and regulations in force from time to time which apply to either party’s obligations under the Terms.

Business Day: a day other than a Saturday, Sunday or public holiday in England and Wales when banks in London are open for business.

Clinic: West End Health Limited, a limited company incorporated and registered in England and Wales with company number 16777731 whose registered office is at 104 Conway Road, Colwyn Bay, Conwy, LL29 7LL.

Terms: these Terms of Service.

2.2. The following definitions apply in the membership clauses (clauses 3 to 10).

Appointment: an appointment with a general practitioner at the Clinic.

Appointment Allocation: has the meaning set out in clause 5.1.

Contract: the contract between you and the Clinic for your subscription incorporating these Terms.

Enrolment Form: the Clinic’s membership sign-up form (completed online or by telephone) by which you select your membership option, provide your contact details, and set up the agreed payment method (including a Direct Debit mandate where applicable). Where your membership includes other individuals, the Enrolment Form may also include the details of those individuals for administration and onboarding purposes.

Excluded Services: the services provided by the Clinic from time to time which are excluded from your Subscription, as more particularly described in the Patient Charter.

Initial Subscription Term: has the meaning set out in clause 3.3.

Onboarding: completion of the Enrolment Form and any applicable Patient Registration Form(s), and any other information the Clinic reasonably requires to activate the Subscription and provide the Services.

Patient Charter: a document supplied to you at the commencement of each Subscription Term.

Patient Registration Form(s): the Clinic’s patient registration/onboarding form(s) which must be completed by each individual who will receive Services under the Subscription in order for the Clinic to create and maintain the relevant patient record.

Renewal Term: has the meaning set out in clause 3.3.

Services: the services to be provided by the Clinic to you as part of your Subscription, as set out in the Patient Charter.

Subscription: your subscription for the Services.

Subscription Fees: the fees payable by you for your Subscription.

Subscription Start Date: the date your Subscription is activated by the Clinic following completion of Onboarding (including completion of the Enrolment Form and set-up of the agreed payment method, including a Direct Debit mandate where applicable). For the avoidance of doubt, the Subscription Start Date may be before the first collection/receipt of Subscription Fees (for example, where payment is by Direct Debit).

Subscription Term: the Initial Subscription Term and any and all Renewal Terms.

2.3. The following definitions apply in the trial appointment clauses (clauses 11 to 18).

Booking: your booking of a Trial Appointment via our website, phone, email or other channel we make available.

Credit: the £100 credit described in clause 16.

Fee: the Trial Appointment fee of £100.

Trial Appointment: a single, once-only, in-person 30-minute GP consultation at the Clinic’s premises in Colwyn Bay.

You/your: in the trial appointment clauses, the individual booking and attending the Trial Appointment.

2.4. The following definitions apply in the referral offer clauses (clauses 19 to 26).

“Referrer” means a current West End Health member making a referral.

“Referred Person” means the individual being referred.

“Successful Referral” means the Referred Person completes onboarding and becomes a paying member (first payment successfully taken).

2.5. Interpretation. The following rules of interpretation shall apply to these Terms: (a) references to clauses are to the clauses of these Terms, and clause headings shall not affect the interpretation of these Terms; (b) a reference to a party is a reference to either you or the Clinic (as the context requires) and shall include that party’s personal representatives, successors and permitted assigns; (c) unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular; (d) a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and includes all subordinate legislation made from time to time under that statute or statutory provision; (e) a reference to writing or written includes email; and (f) any words following the terms including, include, for example, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

3.1. You may sign up for a Subscription online via the Clinic’s website or by email or telephone. The Clinic will confirm the Services and Subscription Fees for the Initial Subscription Term (for example via the website checkout flow and/or by email), and any other terms relevant to your Subscription.

3.2. By completing and submitting the Enrolment Form, setting up the agreed payment method (including a Direct Debit mandate where applicable) and requesting that the Clinic activates your Subscription (which you do by submitting the Enrolment Form), and/or by booking or receiving any Services, you confirm your acceptance of these Terms and that you agree to be bound by them. Where you pay monthly, you acknowledge that this is a 12-month Contract and that monthly payments are instalments towards the Subscription Fees for the Initial Subscription Term (not a monthly rolling contract).

3.3. The Contract shall commence on the Subscription Start Date and, unless terminated earlier in accordance with these Terms, shall continue for an initial period of 12 months (Initial Subscription Term), after which the Contract shall automatically renew for further periods of 12 months each (each a Renewal Term) until you give to the Clinic written notice to terminate the Contract of not less than 2 weeks prior to the expiry of the Initial Subscription Term or then current Renewal Term (as applicable).

3.4. The Clinic will provide you with 4 weeks’ advance notice of the expiry of the Initial Subscription Term or then current Renewal Term (as applicable) so that you can terminate the Contract under clause 3.3 if you do not wish for it to continue for a further Renewal Term.

3.5. Your Subscription is personal to you and, where applicable, to the other individuals included within your membership as identified through the Enrolment Form and/or Patient Registration Form(s). It cannot be transferred to any other person.

3.6. Where you pay by Direct Debit (or another delayed collection method), the Clinic may activate your Subscription and allow you to book and receive Services before the first Subscription Fees have been collected/received. You agree that Subscription Fees remain payable in accordance with clause 7 regardless of the timing of collection. If any payment is cancelled, reversed, or not received when due, the Clinic may suspend the Services (including cancelling or postponing booked Appointments) until all overdue sums are paid and/or terminate the Contract in accordance with clause 9.

3.7 Family members on a membership. Where your membership includes another adult and/or child(ren):

3.7.1 you confirm you have permission (and, for any child, parental responsibility or authority) to provide their details to the Clinic for onboarding and administration;

3.7.2 each additional adult and each child (via the parent/guardian) must complete the applicable Patient Registration Form(s) before receiving Services;

3.7.3 it is your responsibility to ensure any included individuals complete their Patient Registration Form(s) promptly; and

3.7.4 Subscription Fees remain payable in accordance with clause 7 regardless of whether any included individual completes onboarding or uses the Services.

4.1. The Clinic shall provide the Services as part of your Subscription. If you require any Excluded Services you shall contact the Clinic and the Clinic shall inform you if your request is accepted. You agree that any Excluded Services will be subject to availability and the payment of additional fees by you.

4.2. It is strongly recommended that you remain registered with an NHS general practice at all times during the term of the Contract. The Clinic is not an emergency or out of hours service and the Services are not intended to replace the services provided by NHS general practices or NHS paramedics.

4.3. In providing the Services and any Excluded Services, the Clinic shall:

4.3.1. use reasonable care and skill;

4.3.2. comply with all Applicable Laws; and

4.3.3. have in place and maintain all necessary licences, permissions, authorisations and consents.

4.4. You acknowledge and agree that the Clinic may change, update or suspend the Services at any time where such change, update or suspension is necessary in order to comply with any Applicable Laws (including any change to any Applicable Laws).

4.5. The Clinic shall provide the Services to you on Business Days during opening times communicated by us from time to time.

4.6. The Clinic generally makes the Services available on Saturdays, subject to clinician availability and operational requirements. Saturday opening hours:

4.6.1. may vary from time to time;

4.6.2. may be reduced, suspended or not offered on certain Saturdays, including (without limitation) Saturdays falling between, adjacent to or forming part of public holiday periods; and

4.6.3. will be communicated by the Clinic in advance where reasonably practicable.

5.1. Your Subscription includes access to Appointments on an unlimited basis, subject to clinical appropriateness, these Terms, and the Patient Charter. The Clinic operates a fair use review threshold of 14 Appointments per individual during the Initial Subscription Term and each Renewal Term (the Appointment Allocation).

If you request Appointments in excess of the Appointment Allocation, or in a pattern which the Clinic reasonably considers inconsistent with the purpose of the Subscription, the Clinic will review your requirements with you. Following that review, the Clinic may (acting reasonably) agree an appropriate management plan and appointment cadence and/or decline or defer further Appointment requests where they are not clinically appropriate, are unreasonable, or would materially affect the Clinic’s ability to provide Services to other members.

Nothing in this clause prevents you from requesting an Appointment where you have an acute clinical concern; the Clinic will always triage and respond in accordance with its clinical duties.

5.2. The Clinic will use reasonable endeavours to ensure that:

5.2.1. all Appointments booked by you are conducted by the same general practitioner (except those considered same day or emergency Appointments) but you acknowledge and agree that this may not always be possible; and

5.2.2. all requests for same day or emergency Appointments that are made before 2pm are met, but you acknowledge and agree that this may not always be possible due to availability of general practitioners on the day; and

5.2.3. you shall use all reasonable endeavours to attend each Appointment and to provide at least 4 hours’ notice to the Clinic if for any reason you are unable to attend an Appointment. If you fail to attend an Appointment or cancel an Appointment by providing less than 4 hours’ notice to the Clinic, then the Clinic shall be entitled to count this Appointment towards your Appointment Allocation for the Initial Subscription Term or then current Renewal Term (as applicable); and

5.2.4. the Clinic shall be entitled to cancel or postpone an Appointment at any time without liability to you. The Clinic shall provide you with as much advance notice of the cancellation or postponement as is reasonably practicable; and

5.2.5. if you arrive more than 10 minutes late for your scheduled appointment, it will be at the clinician’s discretion whether they are still able to see you. This will depend on their availability and the impact on subsequent appointments. In some cases, you may be asked to rebook your appointment for another time. Please note that a late arrival may result in a reduced consultation time.

6.1. You shall provide all information and documentation that the Clinic reasonably requires in order to provide the Services and any Excluded Services, and you shall ensure that all such information and documentation is accurate, complete and up-to-date. You shall immediately notify the Clinic if there are any changes to any such information or documentation.

6.2. You agree that you will not engage in any form of violent, abusive, or aggressive behaviour, whether physical or verbal, towards the Clinic’s staff members. This includes, but is not limited to, threats, intimidation, inappropriate language, or physical altercations. The Clinic reserves the right to immediately cancel your membership and terminate any further services if such behaviour is exhibited and will have no further obligations to you thereafter, nor any obligation to issue a refund of any Subscription Fees.

6.3. You agree that, unless otherwise set out in the Enrolment Form or Patient Charter or notified by the Clinic:

6.3.1. requests for same day or emergency Appointments must be made before 2pm; and

6.3.2. 24 hours’ notice is required for all prescription requests.

7.1. The Subscription Fees for the Initial Subscription Term will be communicated to you prior to the Subscription Start Date by the Clinic. The Subscription Fees for each Renewal Term will be communicated to you by the Clinic when the Clinic provides you with notice of the expiry of the Initial Subscription Term or then current Renewal Term (as applicable) under clause 3.4.

7.2. The Subscription Fees for the Initial Subscription Term will be payable by you either in full on the Subscription Start Date or in 12 monthly instalments (as agreed between you and the Clinic), in accordance with any payment dates and payment terms agreed between you and the Clinic. Where payment is by Direct Debit, you authorise the Clinic to collect instalments on the dates notified to you under the Direct Debit scheme, and you acknowledge that the first collection date may be after the Subscription Start Date.

7.3. The Subscription Fees for each Renewal Term will be payable by you either in full on the start date of the Renewal Term or in 12 monthly instalments (as agreed between you and the Clinic), in accordance with any payment dates and payment terms agreed between you and the Clinic. Where payment is by Direct Debit, you authorise the Clinic to collect instalments on the dates notified to you under the Direct Debit scheme.

7.4. If the Clinic has not received payment of any sums due under the Contract by the due date for payment, then, without prejudice to any other rights and remedies of the Clinic, the Clinic may:

7.4.1. suspend provision of the Services and any Excluded Services (including cancelling or postponing any booked Appointments) for the time that the invoice(s) remain unpaid by you;

7.4.2. terminate the Contract in accordance with clause 9;

7.4.3. charge you interest on a daily basis in respect of the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time, from the due date and continuing until payment of the overdue amount is received in full by the Clinic, whether before or after judgment; and/or

7.4.4. recover from you any reasonable fees directly incurred by the Clinic in recovering the overdue amount from you (including reasonable debt recovery agency fees, legal fees and court costs).

7.5. All amounts and fees stated:

7.5.1. shall be payable in pounds sterling and are exclusive of any value added tax payable upon such sums; and

7.5.2. shall be paid in full without any deduction, discount or set off except as required by law.

7.6. Where you pay by Direct Debit (or any other recurring payment method), you must maintain a valid payment instruction for the duration of the Subscription Term and ensure sufficient funds are available. Cancelling a Direct Debit mandate, requesting a chargeback, or otherwise stopping payment does not terminate the Contract. If any payment is cancelled, reversed, or not received when due, you must immediately make payment by an alternative method on request. The Clinic may suspend Services until payment is brought up to date.

8.1. If you are a consumer and reside in the UK and the Contract was concluded at a distance or off-premises (ie by email, telephone, or at your own premises), you have a legal right to cancel the Contract if you change your mind within 14 days after the Subscription Start Date (the Cancellation Window). To cancel the Contract under this clause, please contact the Clinic using one of the contact methods set out in clause 30.

If you have requested the Services to start during the Cancellation Window (for example, by booking or attending an Appointment or a health screening) and you subsequently cancel the Contract under this clause, you agree that you must pay the Clinic a reasonable amount for Services supplied up to the date on which you notified the Clinic of your decision to cancel. Where you have paid Subscription Fees, the Clinic may retain (or deduct from any refund due) an amount reflecting the Services supplied up to cancellation and any third-party costs incurred at your request which cannot reasonably be cancelled or recovered. Where no Subscription Fees have yet been collected/received, the Clinic may invoice you for those amounts and you must pay them promptly.

8.2. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.1. Without affecting any other right or remedy available to it, either party may terminate the Contract, at any time, with immediate effect, by giving written notice to the other party, if the other party has committed a serious breach, or repeatedly breaches, any of the provisions set out in these Terms.

9.2. Without affecting any other right or remedy available to it, the Clinic may terminate the Contract, at any time, with immediate effect, by giving written notice to you, if:

9.2.1. you fail to pay any amount due under the Contract on the due date for payment; or

9.2.2. you fail to provide the Clinic with any information and/or documentation reasonably required by the Clinic in order to provide the Services or any Excluded Services.

9.2.3. you cancel or withdraw a Direct Debit mandate (or other agreed payment method) and do not reinstate it or make alternative payment arrangements within a reasonable period after being asked to do so.

9.3. In addition to the rights set out in clauses 9.1 and 9.2, the Clinic may terminate the Contract at any time by providing you with written notice of termination with such notice to expire at the end of the month during which the notice is sent, provided that the Clinic shall issue a prorata refund to you of any Subscription Fees paid by you in advance for any months remaining during the Initial Subscription Term or then current Renewal Term (as applicable) after the date of termination.

10.1. On termination of the Contract for any reason:

10.1.1. your Subscription shall automatically end and the Clinic shall immediately cease providing the Services and any Excluded Services;

10.1.2. you shall immediately pay all sums due to the Clinic under the Contract;

10.1.3. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination shall not be affected or prejudiced; and

10.1.4. the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.

11.1. The Trial Appointment is a standalone private GP consultation designed for people who are considering West End Health membership.

11.2. The Trial Appointment is not:

• a membership or subscription;
• an emergency service or out-of-hours service; or
• a substitute for NHS GP services.

11.3. For emergencies call 999 or attend A&E. For urgent advice use 111.

11.4. We strongly recommend you remain registered with an NHS GP practice at all times.

12.1. You may book a Trial Appointment online, by telephone, or via another method we accept.

12.2. A contract is formed when we confirm your Booking and take payment of the Fee (or otherwise confirm acceptance of the Booking).

12.3. By Booking and/or attending a Trial Appointment, you confirm you have read and accept these Terms.

13.1. Trial Appointments are available once only per person. If you book more than one Trial Appointment (or attempt to), we may cancel any additional bookings and refund any duplicate Fees (less any non-recoverable payment processing costs where applicable).

13.2. Trial Appointments are in-person only at our Colwyn Bay clinic. We do not offer trial appointments by video or telephone.

13.3. We may limit the number of Trial Appointments offered at any time (for example to prioritise availability for members).

14.1. In the Trial Appointment, your GP may (where clinically appropriate):

• take a history and understand your concerns;
• assess symptoms and relevant risk factors;
• provide reassurance where appropriate; and
• agree a plan for next steps (which may include follow-up options, investigations, or referral options).

14.2. Investigations, tests, treatments, certificates, letters, referrals, or other third-party services (if required) are not included in the Fee and will be charged separately. We will explain what is recommended and any associated costs before anything is booked or arranged.

14.3. Prescriptions: where clinically appropriate, a prescription may be issued. Medication costs are charged by the pharmacy. Any prescription is at the clinician’s discretion and subject to clinical appropriateness.

14.4. NHS referrals: where you want NHS care, we can provide a clinical letter to support discussions with your NHS GP (with your consent). You acknowledge that NHS referral routes and acceptance decisions sit outside our control.

15.1. You must provide accurate, complete and up-to-date information relevant to your care, and notify us of changes.

15.2. You must treat our staff with courtesy and respect. We may refuse or terminate services immediately in cases of abusive, aggressive, threatening, or violent behaviour.

15.3. You must attend on time. If you arrive late, it is at the clinician’s discretion whether you can still be seen and/or whether consultation time is reduced. In some cases you may be asked to rebook, and clause 17 may apply.

16.1. If you purchase an eligible West End Health membership within 30 days of the date of your Trial Appointment, we will credit the £100 Fee against your membership fees (“Credit”).

16.2. The Credit:

• is available once per person;
• is non-transferable and not redeemable for cash;
• cannot be used against third-party costs (e.g., laboratory tests) and cannot be applied to non-membership services; and
• will be applied to an eligible Adult or Couple membership (or other membership types only if we confirm in writing).

16.3. If you join membership, your membership will be governed by the membership clauses of these Terms (clauses 3 to 10) and onboarding requirements.

17.1 The Fee is £100 and is payable at the time of Booking (unless we agree otherwise in writing).

17.2 Cancellation/rescheduling by you:

• You may cancel or reschedule without charge if you give us at least 24 hours’ notice before the scheduled start time.
• If you cancel with less than 24 hours’ notice, or do not attend, the Fee is non-refundable (because the appointment slot cannot usually be reallocated).

17.3 Cancellation/rescheduling by the Clinic: we may cancel or postpone a Trial Appointment (for example due to clinician illness or operational reasons). Where we do so, we will offer you a choice of:

• rescheduling to the next available suitable slot; or
• a refund of the Fee.

17.4 We are not responsible for costs you incur in connection with attending (e.g., travel, childcare, loss of earnings).

18.1 If you are a UK consumer and this contract was concluded at a distance or off-premises, you may have a legal right to cancel within 14 days.

18.2 Important: if your Trial Appointment is scheduled to take place within those 14 days, by proceeding you are asking us to provide the service during the cancellation period. Once the Trial Appointment has been fully performed, you may lose the right to cancel and obtain a refund.

18.3 If you cancel within the statutory cancellation period and the Trial Appointment has not taken place, we will refund you in accordance with your legal rights.

Refer a new person to West End Health Membership and receive a reward worth £100, while the referred person receives £100 off their Membership (together, “the Offer”).

a) The Referrer must be an active West End Health member in good standing at the time of referral and at the time the reward is applied/issued.

b) The Referred Person must be new to West End Health Membership (not an existing member).

Referrals must be recorded via the referral form (QR code) or by calling 01492 463453. The Referrer must provide accurate contact details for the Referred Person.

By submitting a referral, the Referrer confirms they have the Referred Person’s permission to share their details and for West End Health to contact them about Membership.

For each Successful Referral, the Referrer may choose one of the following:

a) £100 off the Referrer’s next renewal/payment, applied as a reduction to the next monthly or annual membership charge (as applicable); or

b) £100 donated to a UK charity selected by the Referrer (see clause 25).

Once selected/processed, the reward choice cannot be changed.

The Referred Person receives £100 off their Membership upon joining (applied to their first membership payment unless otherwise agreed by West End Health).

a) Charity donations are made by West End Health within 30 days of the Referrer’s selection.

b) Donations must be made to a UK-based registered charity (registered with the Charity Commission for England & Wales, OSCR, or the Charity Commission for Northern Ireland).

a) No cash alternative is available. Rewards are non-transferable and cannot be exchanged.

b) West End Health may refuse or withdraw the Offer where misuse is suspected.

c) West End Health may amend, suspend, or withdraw the Offer at any time at its sole discretion.

27.1. The Clinic will process your personal data in accordance with the Clinic’s Privacy Policy at https://www.westend.health/privacy. Please read this Privacy Policy as it contains important terms which apply to you.

27.2 We handle medical information in line with applicable confidentiality and consent standards. We will not share your information with your NHS GP or other providers without your consent unless we are legally required to do so.

28.1. Nothing in these Terms is intended to exclude or limit the liability of the Clinic for: (a) death or personal injury resulting from negligence by the Clinic; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by law.

28.2. The Clinic shall perform its obligations under these Terms in accordance with these Terms. If the Clinic breaches these Terms, then, subject to clause 28.1, the Clinic shall only be liable for losses that are direct losses and a reasonably foreseeable consequence of such breach. For the avoidance of doubt, the Clinic shall not be liable, in any circumstances, for any indirect or consequential losses or any business losses.

28.3. If you have purchased your Subscription while acting in the course of a business, trade or profession, or for business purposes, then, subject to clauses 28.1 and 28.2, the Clinic’s maximum liability under or in connection with the Contract shall in no event exceed the total Subscription Fees paid by you.

28.4. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms.

29.1. For the purposes of this clause, the term Event Outside Our Control means any act, event, omission or accident beyond the Clinic’s reasonable control, including: flood, earthquake, storm or other natural disaster; war, threat of or preparation for war; imposition of sanctions, embargo or similar actions; terrorist attack, civil war or riots; nuclear, chemical or biological contamination; sonic boom; any change in law or other action taken by a government or public authority; epidemic or pandemic; fire or explosion; collapse of building structures, any labour dispute; non-performance by suppliers; and the failure of a transport network or utility service.

29.2. The Clinic shall not be in breach of the Contract, nor liable for any failure or delay in the performance of its obligations under the Contract or any suspension of the Services or cancellation of Appointments, if such breach, delay, failure, suspension or cancellation results from an Event Outside Our Control. The Clinic shall inform you as soon as practicable if it is affected by an Event Outside Our Control and shall use all reasonable endeavours to mitigate the effect of the event on the performance of the Clinic’s obligations and the Services. If the Event Outside Our Control continues for a period of more than 3 months, the Clinic shall be entitled to terminate the Contract with immediate effect by providing you with written notice of termination, provided that the Clinic shall issue a pro-rata refund to you of any Subscription Fees paid by you in advance for any months remaining during the Initial Subscription Term or then current Renewal Term (as applicable) after the commencement date of the Event Outside Our Control.

30.1. Any notice provided by you under or in connection with these Terms or any Contract shall be in writing and shall be delivered by email to the following email address: hello@westend.health.

30.2 Notices shall be deemed to have been delivered at 9am on the next Business Day after transmission (provided that no delivery failure notification is received by the sender).

30.3 If you have a question in relation to these Terms, your Subscription, a Trial Appointment or the Offer, please contact the Clinic via email at the above email address or by telephone on 01492 463453.

30.4 If the Clinic has to contact you, it will do so using the contact details you provided in the Enrolment Form or your Booking, unless you have asked the Clinic to contact you by any other means.

30.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

31.1 Consumer rights. Nothing in these Terms shall affect your rights as a consumer under consumer protection legislation in the UK (or in any other jurisdiction in which you reside) which is relevant to these Terms.

31.2 Variation. Except as set out in clause 1.3 (changes made by the Clinic on notice), any other amendments to these Terms or a Contract must be agreed in writing and signed by the Clinic.

31.3 Waiver. If the Clinic fails to insist that you perform any of your obligations under these Terms, or if the Clinic does not enforce its rights against you, or if the Clinic delays in doing so, that will not mean that the Clinic has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Clinic does waive a default by you, the Clinic will only do so in writing and that will not mean that the Clinic will automatically waive any later default by you.

31.4 Severance. Each of the provisions in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

31.5 Entire Agreement. The Contract constitutes the entire agreement between you and the Clinic relating to your Subscription and supersedes, replaces and extinguishes any previous arrangement, understanding or agreement (whether written or oral) relating to your Subscription.

31.6 Assignment. The Clinic may transfer its rights and obligations under these Terms to another organisation. The Clinic will tell you in writing if this happens and will ensure that the transfer will not affect your rights under these Terms.

31.7 Third party rights. Each contract under these Terms is between you and the Clinic. No other person shall have any rights to enforce any of its terms.

32.1. These Terms, each Contract, and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales, except that, if you are not resident in England and Wales, the laws of England and Wales shall apply only to the extent that they do not override any mandatory laws of the country in which you have your usual place of residence.

32.2. In respect of any dispute or claim relating to these Terms or any Contract, you and the Clinic each submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring an action or to require proceedings to take place in the country in which you have your usual place of residence. For example, if you live in Scotland you can bring legal proceedings in respect of the Contract in either the Scottish or the English courts.