The following terms govern how you can use CCHLive, so we would ask you to read them carefully. If you have any questions relating to the terms, you can contact us at firstname.lastname@example.org
THE TERMS AND INTERPRETATION
The following words will have the following definitions in these Terms:”Appointment” means a telephone, webcam or Clinic Visit;
“Appointment Fee” means the fee payable by you for the Consultation Services or Health Plan;
“Health session” means an appointment with a Consultant or Practitioner by phone, webcam or in-person at our Clinic for the purpose of providing a non-emergency consultation;
“Clinic” means the premises selected by you in a Booking for a on-line session;
“Consultant ” mean Wellness Expert, Practitioner, counsellor, or therapist registered with CCHLive;
“CCHLive Services” means the provision of the CCHLive software to you;
“Health Services” means the health services provided to the User by a CCHLive Consultant during an Appointment;
“User” means the person designated as such in your Booking, who requires a consultation with a CCHLive consutlant;
“Booking” means a booking by you for an Appointment;
“Services” means the CCHLive Services and any treatment session you book (or a User receives).
References to clauses (unless otherwise provided) are references of the clauses of these Terms. Words in the singular include the plural and in the plural include the singular. A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. References to “including” and “include(s)” shall be deemed to mean respectively, “including without limitation” and “include(s) without limitation”.
Accepting the terms
- In order to use CCHLive, you will be required to set up an account (“User Account”). To do this, you will need to provide us with information relating to you, including your name and contact details and any such details provided by you to us, “User Details”.
- If you want to make a Booking for a person on your User Account other than yourself, you will also need to register that individual with CCHLive. Any information that you provide to us in respect of any such individual shall be deemed to be included in the definition of User Details for the purposes of these Terms.
- represent and warrant to us that:
- any and all User Details provided by you are true, accurate and complete; and
- you have all the necessary consents and/or authority to provide us with the User Details;
- undertake to notify us promptly of any changes to any User Details; and
- agree not to impersonate any other person or entity or use a false name.
- You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with your User Account. Accordingly, you agree that you are solely responsible to us for all activities that occur under your User Account, as determined, noted, or recorded by us. Such determination, notation and record shall be at our sole discretion, and shall serve as conclusive proof of the facts stated therein to which they attest.
- You grant us the right to access your User Account for the purposes of provided CCHLive, monitoring, improvement or upgrade.
- If you become aware of any unauthorised use of your password or your User Account, you agree to notify us immediately at: email@example.com
You will only be able to make a Booking for an Appointment if you have set up a User Account. To make the Booking, you will need to provide us with the information that we request (any such information, “Booking Details”), which may include the following:
- details of the card that you will use to pay for the Health Services, (“Card Details”);
- the symptoms of the User;
- for Consultation session, you will need to select the time and date when you would like the Appointment to take place (such details, the “Appointment Date”), as well as the type of telephone, webcam or CCHLive Clinic you would like to attend; and
You represent and warrant to us that:
- any and all Booking Details provided by you are true, accurate and complete;
- you have all the necessary consents and/or authority to provide us with the Booking Details;
- Once you have submitted a Booking, you may not be able to change the Booking Details.
- In relation to any Appointment,
- you shall not (and procure that no other person present with you at the Appointment shall):
- use any abusive language to any CCHLive Consultant;
- act (or allow any person present with you, including the User to act) in any manner which is or which could reasonably be considered to be, intimidating or aggressive; and/or
- You acknowledge and agree that if you are in breach of clause 6.4 above, a CCHLive will be entitled to refuse to provide you with the Appointment and neither we nor the CCHLive Ltd will have any liability to you in respect of withholding any services and the cancellation clauses set out in clause 7 below shall apply as though you had cancelled the Appointment immediately prior to it taking place.
- You acknowledge that, as part of the Appointment, the CCHLive Consultant may take a note, recording the symptoms and any advice given. Such records may be processed by us on behalf of the CCHLive Consultant and, with your consent, transferred to your medical doctor.
- THE PURPOSE OF CCHLive IS TO ENABLE YOU TO BOOK APPOINTMENTS WITHIN A SHORT TIMEFRAME. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHTS TO CANCELLATION OF YOUR BOOKING OTHER THAN AS SET OUT IN THESE TERMS.
- IF YOUR BOOKING IS CANCELLED 2 HOURS OR LESS BEFORE THE APPOINTMENT, YOU WILL NOT BE ENTITLED TO ANY REFUND;
- IF YOUR BOOKING IS CANCELLED 24 HOURS OR LESS BUT MORE THAN 2 HOURS BEFORE THE APPOINTMENT, YOU WILL BE ENTITLED TO A REFUND OF £10;
- IF YOUR BOOKING IS CANCELLED MORE THAN 24 HOURS BEFORE THE APPOINTMENT, YOU WILL BE ENTITLED TO A REFUND OF £20.
In relation to any Appointment for a Health Consultation which has been confirmed in writing by us:
- if for any reason whatsoever we have to cancel your Appointment, you will receive a full refund of the Appointment Fee;You acknowledge and agree that this clause 3.1 shall be your sole remedy in relation to any cancelled Appointment for a Health Consultation.
When you make a Booking, you will be notified of the Appointment Fee and the maximum length of the Appointment to which you are entitled. The Appointment Fee will be payable when you make your Booking. The Appointment Fee may change from time to time, so you should always check the Appointment Fee carefully before making a Booking.
We use a third-party payment processor to take payments from you for the Fees (“Payment Services””). The processing of any such payments will be subject to that third-party’s terms of service and privacy policies. We cannot accept any liability for any damages (whether direct or indirect) caused as a result of the provision of the Payment Services
THIRD PARTY CONTENT
Content from third parties may from time to time be displayed on CCHLive, including advertisements and links to third party Websites (any such content, “Third Party Content”). To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, special, incidental loss or damage which may arise in respect of your use of or reliance upon any Third Party Content.
We do not endorse any Third Party Content, nor do we have a duty to moderate any Third Party Content. Any use of or reliance upon such Third Party Content is at your sole risk. You expressly understand and agree that we do not make any express or implied representations or warranties to you in relation to any such Third Party Content, including fitness for purpose, infringement or merchantability.
You acknowledge that we own or licence all legal rights, title and interest in and to CCHLive including any intellectual property rights which subsist in CCHLive (whether those rights happen to be registered or not, and wherever in the world those right may exist) and that all intellectual property rights in the Services (including source code in the Software) belong to and shall remain vested in us (or where relevant our licensors). Nothing in these Terms shall confer on you any right, title or interest in any intellectual property rights (except the rights of use set out in these Terms).
You agree not to use any of the trademarks, trade names, service marks, copyrights, logos, domain names, and/or other distinctive brand features belonging to us or any third party unless you have valid written permission to do so. You agree not to alter, remove or obscure any proprietary notices (including copyright and trademark notices) which may appear in or be held within CCHLive.
In the event that your use of CCHLive, if used in accordance with these Terms, infringes any intellectual property rights of a third party, we may, at our sole discretion and expense, replace or modify CCHLive so that it is no longer infringing or obtain for you the right to continue using CCHLive. This therefore constitutes your sole remedy in relation to any such infringement.
- We may at any time disable your User Account, and/or terminate this Agreement, at our sole discretion, and with you with no liability to you, if:
- you materially breach, or we have grounds to suspect that you have materially breached any provision of these Terms (or act in a manner which we believe shows that you do not intend to, or are unable to comply with these Terms). For the avoidance of doubt, any breach of clauses 6 and/or 8 shall be considered to be a material breach;
- we are required to do so by law;
- you become bankrupt or insolvent, or unable to pay your debts within the meaning of the insolvency legislation applicable to you; or a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such appointment are filed with any court; or the ability of your creditors to take any action to enforce your debts is suspended, restricted or prevented or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or any process is instituted which could lead to your assets being distributed to your creditors, shareholder or other contributors; or;
- the provision of CCHLive is, in our sole opinion, no longer commercially viable.Provided that there are no outstanding Bookings linked to your User Account, you may terminate this Agreement at any time by disabling your User Account.
On termination of this Agreement, the following clauses shall apply:
- the licence granted under clause 3a shall immediately terminate;
- you shall immediately pay any outstanding sums due in connection with your use of CCHLive;
- all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and in particular the provisions of clauses 3.3, 3.4, and 10 – 14 shall survive termination of this Agreement; and
- we reserve the exclusive right and prerogative to retain, maintain, archive, protect, use or store any personal data or such information as we may receive from you, without regards as to time or duration, as is strictly necessary to comply with our legal obligations, resolve disputes and enforce agreements.
LIMITATION OF LIABILITY AND INDEMNITY
Nothing in these Terms, including this clause 12 shall exclude or limit any warranty or liability to the extent that the same may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by its negligence.
In respect of your use of CCHLive, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms (including implied warranties and conditions of or merchantability, fitness for a particular purpose and non-infringement) and no advice or information, whether oral or written, obtained by you from us or any of our subsidiaries, affiliates, officials, employees or personnel, or through or from your use of CCHLive shall create any warranty not expressly stated in these Terms.
Any condition, warranty, representation or other terms concerning CCHLive, which might otherwise be implied into or incorporated in these Terms, or whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
- While we will use every effort to ensure that CCHLive is available to you, you expressly understand that some of the functions of CCHLive rely on an internet connection being sustained and the appropriate equipment being maintained. As such, you expressly understand and so agree that your use of CCHLive is ‘as is’ and ‘as available’. In particular, we do not represent or warrant to you that:
- your use of CCHLive (including such use in conjunction with any other software) will meet your requirements, or that your use of CCHLive will be uninterrupted, timely, secure or free from error defects in the operation or functionality of CCHLive;
- that defects in the operation or functionality of CCHLive will be corrected, rectified or remedied; and/or
- any information obtained by you as a result of your use of CCHLive will be accurate or reliable.
- Any material downloaded or otherwise obtained from or accessed through your use of CCHLive is done so at your own discretion and risk, and you will be solely responsible for any damage, loss or prejudice to your computer system or other device or loss of data that result from the download or access of any such material.
- You expressly understand and agree that we and our licensors shall not be liable to you for:
- any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of your use of CCHLive and/or its non-availability;
- loss of profit, business revenue, goodwill and anticipated savings;
- any trading or other losses which you may incur as a result of or reliance upon any content on CCHLive;
- the deletion of, corruption of, or failure to store any content and other data maintained or transmitted by or through your use of CCHLive; or
- any effect which the use of CCHLive may have on any software you use.
Subject to clause 12.1 above, our aggregate liability to you in respect of any loss or damage suffered by you and arising out of or in connection with the use of CCHLive by you or any third party shall not exceed £100.
You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with your use of CCHLive; that we cannot adequately insure its potential liability to you; and that, accordingly, the exclusions and limitations contained in this clause 11 are reasonable. You also undertake at all times to mitigate any such damage or loss.
You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us, arising out of any breach of this Agreement by you.
You shall not assign, transfer or sub-license any of your rights or obligations under these Terms, other than as expressly provided for in these Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under these Terms.
Failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights, nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.
We shall not be liable to you in the event that we are unable to perform any of our obligations under these Terms owing to circumstances beyond our reasonable control, including acts of god, governmental actions, an outbreak of hostilities (whether war is declared or not), or in the event of a national emergency or terrorist intervention.
If any part of any provisions of these Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provisions and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
These Terms represent the entire agreement between you and us in relation to the subject matter of these Terms and neither of you nor us has relied upon any statement or representation made by the other in agreeing to enter this Agreement.
LAW AND JURISDICTION
These Terms shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise in connection with these Terms.