Terms of service

Important notice: Please read the following terms of service carefully. They set out the terms upon which you will be provided Service(s) at Klearwell Ltd.

Please ensure you fully understand the terms of service prior to agreeing to the Service(s).

This contract sets out:

(a) your legal rights and responsibilities; and

(b) certain key information required by law.

In this contract:

(a) “We”, “us” or “our” means Klearwell Ltd and

(b) “You” or “your” means the person purchasing a Service(s) from us.

If there’s anything in this contract that you don’t understand and want to talk to us about it, please email info@klearwell.com. Emails will be responded to during core office hours.

Do you need any extra help?

If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the bottom of this page.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days starting on the day after you contract with us. If you agree, the Service will start within this time, you may be charged for what you’ve used.

The Consumer Rights Act 2015 says:

you can ask us to repeat the treatment services if they are not carried out with reasonable care and skill, or get some money back if we can’t do this;

if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;

if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

1 Who are we?

1.1 We are Klearwell Limited, a company registered in England and Wales

1.2 Our registered office is at: 18 Dukes Road, Bloomsbury, London WC1H 9PY

1.3 Definitions

‘Fees’ means the fee you will pay us for the Service(s), including any cancellation charges, explained in a Client Letter and/or service description information;

‘Service description information’ means the service overview document we send to you when we invite you to book our Service(s);

‘Client Letter’ means the letter we will send to you to invite you to book our Service(s);

‘Service(s)’ means the services we describe on our website or in our service description information;

‘Service(s) Start Date’ means the date as defined in clause 12.1; and

‘Website’ means our website at: www.klearwell.com

2 Introduction

2.1 If you buy one of our Service(s), you agree to be legally bound by this contract, made up of:

2.1.1 these terms and conditions;

2.1.2 the Client Letter

2.1.3 the service description information and website

2.2 You may only buy one of our Service(s)for non-business reasons.

2.3 This contract is only available in English. No other languages will apply to this contract.

2.4 When buying any Service(s), you also agree to be legally bound by:

2.4.1 extra terms which may add to, or replace some of, this contract including those set out in our Client Letter and service description information. This may happen for security, legal or regulatory reasons. If we change these terms and conditions, we will contact you to let you know by giving you one month’s notice; and

2.4.2 if you buy our Service(s), you also agree to our website terms and conditions and any documents referred to in them .

All of the above documents form part of this contract as though set out in full here.

3 Information we give you

3.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 states that we must give you certain key information before a legally binding contract between you and us is made.

3.2 We will give you information on:

3.2.1 the main characteristics of the Service(s) you want to buy;

3.2.2 who we are, where we are based and how you can contact us;

3.2.3 the total price of the Service(s) including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price);

3.2.4 the arrangements for payment, carrying out of the Service(s), and the time by which we will carry out the Service(s);

3.2.5 our complaint handling policy; and

3.2.6 how long the contract is for, and how to end it.

3.3 This information will be contained in our Client Letter, service description information and website.

3.4 The key information we give you by law forms part of this contract (as though it is set out in full here).

3.5 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it. We will only do this if there is a change in the law.

4 Your privacy and personal information

4.1 Our Privacy Policy is available at www.klearwell.com/privacypolicy

4.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

5 Purchasing Service(s) from us

5.1 Below, we set out how a legally binding contract between you and us is made.

5.2 We will check that you are suitable for our Service(s) before writing to invite you to enter into this contract with us in a Client Letter. If we feel that you could benefit from one of our Service(s), we will send you a Client Letter detailing the Fees you will pay for the Service(s) and the service description information.

5.3 If you decide that you would like to place an order for the Service(s), you can do so as described in the Client Letter.

5.4 We may contact you to say that we do not accept your request for Service(s). This is typically for the following reasons:

5.4.1 we cannot carry out the Service(s);

5.4.2 we cannot authorise your payment of our Fees; or

5.4.3 there has been a mistake on the pricing or description of the Service(s).

5.5 We will only accept your request for Service(s) when we email you to confirm this (‘Confirmation Email’). At this point:

5.5.1 a legally binding contract will be in place between you and us; and

5.5.2 we will provide the Service(s) as agreed as long as you have paid the Fees we have agreed with you, in advance.

5.6 If you are under the age of 18 you may not buy any Service(s).

5.7 We will email you to confirm our acceptance of your request for our Service(s). Our contract with you starts on the date we send you this email.

6 Right to cancel

6.1 You have the right to cancel this the contract within 14 days without giving any reason, unless you asked us to start providing the Service(s) during the cancellation period and the Service(s) are carried out during this period. This is further explained in clauses 6.5 and 6.6 below.

6.2 The cancellation period will expire after 14 days starting from the day after our email to you as described in clause 5.7.

6.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email) using the contact details in the Client Letter.

6.4 To meet the cancellation deadline, you should send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6.5 We will not start providing the Service(s) during the 14-day cancellation period unless you ask us to. By agreeing to schedule any dates for future appointments within this 14-day period, you are asking us to provide Service(s).

6.6 If you ask us to start providing the Service(s) during the cancellation period and the Service(s) are performed during this period, you lose your right to cancel and will be required to pay the Fees under this contract as explained in the Client Letter and service description information, even if the cancellation period has not expired.

6.7 This does not affect the rights you have if your Service(s) is faulty. A summary of these rights is provided at the top of this contract. See also clause 11 below.

7 Effects of cancellation

7.1 If you cancel this contract during the 14 day cancellation period, we will reimburse to you all payments of the Fees received from you unless you ask us to start providing the Service(s) during the cancellation period, in which case you must pay us the Fees.

7.2 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.

7.3 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, except if charged specifically by your bank.

8 Carrying out of the Service(s)

8.1 We must carry out the Service(s) by the time or within the period set out in the Client Letter, allowing for reasonable extensions as noted in clause 8.2. If you and we have agreed no time or period, this will be within a reasonable time.

8.2 Our carrying out of the Service(s) might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the Service(s), having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the Service(s) as soon as those events have been fixed.

9 Payment

9.1 We require payment to be made by bank transfer to the nominated bank account (details of which will be provided). In certain circumstances and with prior agreement, we are also able to accept payments in person at the clinic using a credit/debit card or in cash.

9.2 We will do all that we reasonably can to ensure that all of the information you give us when paying Fees for the Service(s) is secure by using an encrypted secure payment mechanism.

9.3 Your payment must be cleared at least 72 hours (3 days) prior to the first appointment for Service(s).

9.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.

9.5 If your payment is not received by us under clause 9.3 we may charge interest on any balance outstanding at the rate of 2 percentage points per year above the Bank of England base rate. We will contact you to let you know if we intend to do this.

9.6 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 6 and 7.

9.7 The Fees for the Service(s):

9.7.1 are in pounds sterling (£) (GBP) and

9.7.2 include VAT if appropriate, at the applicable rate.

10 Nature of the Service(s)

10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:

10.1.1 the Service(s) must be carried out with reasonable care and skill;

10.1.2 you must pay a reasonable price for the Service(s), and no more, if you and we have not agreed a price for the Service(s); and

10.1.3 we must carry out the Service(s) within a reasonable time, if you and we have not fixed a time for the Service(s) to be carried out.

11 Faulty treatment services

11.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

11.1.1 contact us using the contact details at the bottom of this page; or

11.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06

11.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

11.3 Please contact us using the contact details in the Client Letter if you want us to repeat the Service(s) or wish to raise any complaint.

12 Cancellations, rescheduling and no shows

12.1 You confirm and agree that the Service(s) start when you have a confirmed appointment with us for the Service(s) and as such, you acknowledge and agree that the Service(s) shall start on the date you make your booking as described in clause 5.7 (the ‘Service(s) Start Date’).

12.2 Without affecting clause 12.1 before you pay the Fees to us you are entitled to cancel the Service(s) booked. Once you have paid the Fees and made an appointment for the Service(s), if you wish to cancel the Service(s), the cancellation provisions and Fees described in the service description information and Client Letter shall apply.

12.3 All cancellations (and requests to re-schedule) must be made directly by emailing info@klearwell.com “IMPORTANT – CANCELLATION REQUEST” in the title/subject line) (“Cancellation Notification”).

12.4 If you do not show up to your appointment for Service(s) and you do not notify us as set out above, you will not be entitled to a credit in whole or in part under any circumstances, and we may charge Fees as described in the Client Letter and/or service description information/website.

13 End of the contract

13.1 If you end this contract it will not affect our right to receive any money which you owe to us known as Fees.

13.2 If we end this contract, we will refund you any Fees you have paid for Service(s) in advance that have not been rendered.

14 Limit on our responsibility to you

14.1 Except for any legal responsibility that we cannot exclude in law or arising under applicable laws, we are not legally responsible for any:

14.1.1 losses that:

(a) were not foreseeable to you and us when the contract was formed;

(b) were not caused by any breach on our part;

14.1.2 business losses; and

14.1.3 losses to non-consumers.

15 Disputes

15.1 We will try to resolve any disputes with you quickly and efficiently.

15.2 If you are unhappy with:

15.2.1 the Service(s);

15.2.2 our service to you generally; or

15.2.3 any other matter,

please contact us as soon as possible.

15.3 If we cannot resolve a dispute using our internal complaint handling procedure, we will:

15.3.1 let you know that we cannot settle the dispute with you;

15.3.2 give you certain information required by law about our alternative dispute resolution provider which is run by www.iscas.org.uk, Independent Sector Complaints Adjudication Service, 70 Fleet Street, London, EC4Y 1EU

15.4 The laws of England and Wales will apply to this contract.

16 Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

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