SERVICE TERMS AND CONDITIONS
Version number: 1
Effective date: 20.11.2020
1. Who we are
1.1 We are The Hunkin Partnership trading as “neuroconsult.co.uk”. Our contact information is at the end of this document.
2. What this is all about
2.1 These are our terms and conditions which apply to our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
3. Some definitions
3.1 Here are some definitions which are used in this document (all capitalised):
• “Content” - all information of whatever kind uploaded to our Service (including messages sent via our Service).
• “Service” – our neuropsychological assessment service including online assessment, report and consultation (if applicable).
• “User” - persons using our Service.
4. IMPORTANT WARNINGS
4.1 While we believe that our Service can be beneficial in many ways, it is not intended to diagnose any condition or to be a substitute for advice from your own doctor. Our Service assumes that your condition has already been diagnosed by an appropriately qualified medical practitioner and is designed to help both you and your doctor.
4.2 Our report is not intended for, or suitable for use in, legal proceedings.
4.3 Our report is based on your completion of certain online tests. If you do not complete these truthfully or correctly, it is possible that the test results will be invalid. No refund will be provided in these circumstances unless “cooling off” rights apply.
5. Forming a contract with us
5.1 Your order is an offer to enter a legal contract with us to use our Service.
5.2 You place your order by using the ordering process on our site. This involves sending your order to us by clicking on the “Pay Now” or equivalent button . You can check and amend any errors before making an order by using the change function and/or the internet browser back button.
5.3 We accept your offer and there is a binding legal contract when we send you a confirmation email.
5.4 We reserve the right in our discretion to end the contract at any time if for any reason we think that our Service is not suitable for you. If so, we will make a full refund.
6. Right to cancel (“cooling off”)
6.1 You have the right to cancel this contract subject to what we say below.
6.2 You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.
6.3 However, you lose the right to cancel where the supply of digital content began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case.
6.4 If you do have the right to cancel, please see the instructions at the end of this document.
7. Who can use our Service?
7.1 You can only use our Service if:
• you live in the UK; and
• you are between 16 and 89 years of age.
8. Providing us with accurate information
8.1 You agree to ensure that all information which you supply to us and as part of the online assessment test is accurate and you will tell us immediately if there are any important changes.
9. Our Service and timescales
9.1 You must complete the pre-assessment questionnaire on our website promptly after your order.
9.2 We will take reasonable steps to send you the link to the online assessment test within one business day of receiving your replies to the questionnaire. Please contact us if you do not receive the link to the test within three business days.
9.3 You must complete the online assessment test promptly after we send you the link (which will expire within a specified number of days).
9.4 You must comply with the technical or other requirements for our Service set out on our website including when taking the online assessment test.
9.5 We will take reasonable steps to send you the report and test results within a week of receiving our test results.
9.6 We can extend the timescales above if there are exceptional reasons, e.g., illness or holiday.
9.7 If you have booked an online consultation, this must take place by Zoom within 28 days of our sending you the report unless otherwise agreed. We will take reasonable steps to contact you and set this up at a mutually convenient time and you must cooperate reasonably with us.
9.8 We are entitled to end this contract if you do not complete either the questionnaire or online assessment test or take reasonable steps to arrange the consultation within 28 days of us sending you the relevant link or the report (as applicable). If so, there will be no refund unless there are exceptional reasons for your delay.
10. Payment
10.1 The prices for our Service (which include any applicable VAT) are as set out on our website at the time of your order. Payment is in advance.
10.2 You are legally committed to make your payment once we send you a confirmation email confirming your order (unless “cooling off” rights apply).
10.3 If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you before we send you the report. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
10.4 You must contact us immediately with full details if you dispute any payment.
11. Discount codes
11.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
11.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
12. Restrictions on our legal responsibility – very important
12.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
12.2 We shall not be liable for any loss or damage where:
• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
• such loss or damage relates to a business of yours.
12.3 You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
13. Events outside our control
13.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
14. Transfer
14.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
15. English law
15.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.
16. General but important information
16.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
17. Complaints
17.1 If you have any complaints, please contact us via the contact details at the end of this document.
RIGHT TO CANCEL (“COOLING OFF”)
The following applies if you have the right to cancel this contract (as explained above).
Right to cancel
1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
3. To exercise the right to cancel, you must inform us on the contact details shown at the end of this document of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you.
6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
MODEL CANCELLATION FORM (email address at the end of this document)
Complete and return this form only if you wish to cancel the contract:
— To The Hunkin Partnership (contact details at the end of this document)
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
[*] Delete as appropriate
PRIVACY AND COOKIES POLICY
Version number: 1
Effective date: 20.11.2020
1. Who are we?
1.1 We are The Hunkin Partnership trading as “neuroconsult.co.uk”. For privacy queries, you can contact us using the details at the end of this document. Other contact details are on our website.
2. What’s the point of this policy?
2.1 It tells you what to expect when we collect your personal information via our website or otherwise. Please only use our service if you are completely happy with this policy.
2.2 Generally, the policy covers only information provided to us. If you give personal information to other people, such as payment providers or other websites, please check their privacy policies.
3. Might the policy change?
3.1 Yes. Please check it whenever you visit our website. We will assume you agree to the new version of the policy if you use the site after its effective date. We may also notify you of any changes by email or in-service message.
4. What do we collect?
4.1 Information which you upload to our service or otherwise give us such as:
• your name and contact details;
• information you provide when you complete our pre-assessment questionnaire including date of birth and your educational, vocational, medical and psychological history;
• details about your transactions on our service;
• information that you otherwise include in communications with us; and
• contact or other information which you give or allow us to use for newsletters or other marketing.
4.2 Some of this information will be “special category data”, such as details relating to your health.
4.3 Automated information about your use of our service such as: the internet protocol (IP) address used to connect your device to the internet, connection information such as browser type and version, information about your device including device-type and device identifier, operating system and platform, mobile network data, a unique reference number linked to the data you enter on our system, login details, the site from which you arrived at our service, details of your activity with date / time stamps including pages you visited and your searches / transactions.
4.4 The following information about you may be provided to us by other people:
• Limited billing information sent to us by our payment provider for verification purposes e.g., your name, email address and billing address.
5. What’s our reason / legal basis for collecting the information?
5.1 Because it’s necessary to take steps at your request to enter into a contract with you and/or to perform such a contract. This applies to initial enquiries, to your health and other pre-assessment questionnaire responses and to your contact and transaction details.
5.2 Because it’s necessary for the supply of health care services by health professionals (in the case of health information).
5.3 Because it’s in our “legitimate interests”, e.g., to manage and improve our service including tracking usage patterns and preventing or detecting fraud or abuse. This applies to automated usage data.
5.4 Because you’ve specifically agreed on our service (e.g, by ticking a consent box). This applies to contact or other information which you give or allow us to use for newsletters or other marketing. You can withdraw permission at any time as explained on our service or by emailing us at the above email address.
6. How long do we keep personal information?
6.1 Until we have completed our neuropsychological assessment service.
6.2 We may hold on to some of your information for longer (typically up to seven years) if reasonably needed for legal, regulatory or tax reasons, deal with disputes, prevent fraud or abuse and/or enforce our terms and conditions.
6.3 We will keep your information which we use only for newsletters or other marketing until you tell us to stop sending you such messages.
6.4 We will generally keep automated browsing information for up to 18 months.
7. To whom do we send or make available your personal information?
7.1 To other people who supply us with a service, e.g. website hosts, online assessment test providers, payment providers and businesses which help us send communications or monitor our website and which provide us with e-commerce, online advertising, analytics and other IT services.
7.2 To regulators, the police and other law enforcement authorities to help deal with fraud and abuse and/or comply with legal requirements and to your doctor or to the health authorities if we think it is necessary to keep you safe.
7.3 To insurers and professional advisers in connection with our insurance cover or to deal with legal claims.
7.4 To potential buyers so far as reasonably necessary, in the case of an actual or proposed (including negotiations for a) sale or merger or business combination involving all or the relevant part of our business.
8. Do we send your information outside the EU?
8.1 Your personal information which we collect is stored within the EU and is not transferred to any third countries except as follows.
8.2 Your personal information (e.g., name, email address, IP address, browsing information) may be transferred to the US by the following companies: Google / Facebook (analytics / advertising), PayPal (payment), Stripe (payment), Wix (hosting), CNS Vital Signs (online assessment test provider – your dob and a client identifier) and the social media companies listed under “cookies” below. Transfer is generally on the basis of contracts with EU-mandated standard contractual clauses designed to provide adequate safeguards for your personal information. Some of these companies were certified under the EU-US Privacy Shield Framework which is no longer applicable due to a court decision; we understand that the authorities are working on a replacement and we aim to update our policy to reflect this in due course.
9. What rights do you have?
9.1 If the legal requirements are met: To ask us for access to your personal information, to rectify it if there are mistakes, to delete it or restrict its use in certain circumstances or to “data portability” or to withdraw any consent you’ve given (e.g. marketing).
9.2 You may also have the right to object to use of your personal information in certain circumstances.
9.3 If you have a complaint about how we are dealing with your personal information, please contact us via the email address at the end of this document. If you are not happy with our response or think we are not handling your personal information in accordance with the law, you have the right to complain to the Information Commissioner’s Office (ICO).
9.4 For more information about your rights, visit the ICO’s website: www.ico.org.uk.
10. What about cookies?
10.1 We and/or other companies use cookies and other tracking technologies on our website. A cookie is an identifier (a small file of letters and numbers) that is sent to your web browser. Cookies are widely used to make websites work, or work more efficiently, as well as to provide information to the website owner or others. Some are session temporary “session” cookies that remain in the cookie file of your browser only until your browser is closed. Whereas persistent cookies stay for longer (depending on the lifetime of the specific cookie). For further information on cookies, including how to use your browser to block them and how to delete existing cookies, visit: www.allaboutcookies.org. Our site’s functionality will be limited if you configure your browser to reject cookies.
10.2 We ourselves may place the following types of cookies:
Type of cookies Purpose
Logged-in status Assess whether you are logged in to our site
“Remember me” Remember you and speed up your login when you return to our site
Authentication Identify and authenticate you to help you move easily through the site
Preferences Store information about the preferences you’ve selected and personalise the site
Shopping cart Remember contents of your cart and related preferences
Affiliate Track whether you have visited us from websites affiliated with us so we can pay affiliates and assess the effectiveness of
the affiliate links
Security Provide security-related features to protect our site, for example to help stop fraudulent logins
Cookie notice Store your response to our cookie notice
10.3 Companies which provide us with a service also place cookies. Some of these cookies (e.g. from Google) may involve certain information, such as your IP address and web address of the page you’re visiting, being sent to the company concerned. Below is a summary of the kinds of cookies used together with details about who places them and where you can go to get more information and to opt out (where possible):
• Analytics cookies: These kinds of cookies recognise and count the number of website visitors as well as providing other information about the visit such as duration, route through the website and where the visitor came from. This information helps us to improve the way our website works, for example by making sure users find what they need easily. These cookies are provided by:
• Google Analytics (“GA”). More information:
- Google’s overview of GA data practices and safeguarding
- how to specifically opt out from GA cookies
- Google’s use of its partners’ data
• Advertising cookies: These kinds of cookies are typically used to personalise ads on this or other sites based on your use of our site, to measure ad effectiveness (for example, how often you click on or view ads and whether you go on to buy something from the advertiser) and to stop you being shown the same ad repeatedly. These cookies are provided by:
• Google (including Analytics Ad Features / AdSense / Doubleclick)
- how Google uses cookies and other technologies in advertising including how to opt out of advertising cookies (this explains how ad personalisation works)
- Google’s use of its partners’ data
• Facebook (including “Facebook Pixel”)
- Facebook’s cookies policy (see especially under “Advertising, recommendations, insights and measurement”) including how to control Facebook’s use of cookies
- Facebook’s privacy policy
• Microsoft’s Bing
- Microsoft’s privacy policy including how to control Microsoft’s use of cookies
• Social media cookies: These kinds of cookies are placed by social media companies when you use their features on another site, for example if you play embedded audio or video, click a Facebook “like” or send a tweet. These features may involve the relevant companies using cookies to collect information relating to your visit to our website or your interaction with their services or otherwise. Click the following links for further information including how to opt out where this is possible: Facebook, Twitter, LinkedIn, Pinterest, Instagram, YouTube
• Payment provider cookies: Our payment provider may place cookies if you use their payment services on our site:
- Paypal’s privacy policy
- Stripe’s privacy policy
WEBSITE TERMS OF USE
Version number: 1
Effective date: 20.11.2020
1. Introduction
1.1 This website is owned and operated by The Hunkin Partnership trading as “neuroconsult.co.uk”. Our contact information is at the end of this set of terms and conditions.
1.2 Please read these terms and conditions carefully. They replace any previous versions. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our website in future. They are available in English only.
1.3 These terms and conditions apply only to use of our website. Our neuropsychological assessment service is subject to separate terms and conditions.
1.4 Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
2. Changes to the terms and conditions
2.1 We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
3. Acceptable use policy
3.1 You undertake not to do any of the following in connection with our website:
3.1.1 breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
3.1.2 use the service to provide a similar service to third parties or otherwise with a view to competing with us or infringing our rights;
3.1.3 use the service for junk mail, spam, pyramid or similar or fraudulent schemes;
3.1.4 do anything which may have the effect of disrupting the service including denial of service attacks, worms, viruses, software bombs or mass mailings;
3.1.5 do anything which may negatively affect other Users’ use of the service;
3.1.6 gain unauthorised access to any part of the service or equipment used to provide the service;
3.1.7 intercept or modify communications to or from the service;
3.1.8 circumvent any security or other features of the service including features that restrict use or copying of content; or
3.1.9 attempt, encourage or assist any of the above.
4. Content
4.1 We cannot guarantee that any general information that we may make available on our website is accurate or up to date. You rely on it at your own risk.
5. Third party websites / advertising / services
5.1 We may link to third party websites which may be of interest to you and/or include third party advertising on our site and/or use third party-provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use such third party sites or services at your own risk.
6. Privacy
6.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our Privacy Policy (above) which is subject to change from time to time.
7. Functioning of our website
7.1 We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability (a) to suspend the website for repair, maintenance, improvement or other technical reason and (b) to make changes to our website.
8. Your account
8.1 If we permit you to create an account on our website, this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
8.2 We are entitled at any time for any reason and with or without notice to terminate your account on our site including deletion of all data contained therein.
9. Restrictions on our legal responsibility – very important
9.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
9.2 If you are a Consumer, we are not responsible for any loss or damage where:
• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
• such loss or damage relates to a business.
9.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.
9.4 The following clauses apply only if you are a business:
9.4.1 In no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
9.4.2 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
9.4.3 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
10. Intellectual property rights
10.1 The intellectual property rights in all material used on or in connection with our website are owned by us or our partners. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, selling or altering it or taking extracts from it without our specific prior written consent.
10.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.
11. English law
11.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
12. General
12.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as stated otherwise.
13. Complaints
13.1 If you have any complaints, please contact us via the contact details shown below.
