General Terms and Conditions
Welcome to Dr Margriet Health. Our services are provided to you on the basis of the following Terms and Conditions:
You accept our Terms by:
- Continuing to use our services
- Paying for our services
- Written confirmation that you accept, including by email.
By placing an order with us, you warrant that
- You are legally capable of entering into binding contracts and
- You are at least 18 years old or are the legal parent of someone who is aged 12-18.
Price and payment
- The price of the Events, Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
2. Prices stated on our site include VAT.
3. Event prices, Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
4. It is always possible that, despite our best efforts, some of the Products and/or Events listed on our site may be incorrectly priced. We will normally verify prices as part of our Order Confirmation procedures. If the correct price of a Product or Event is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection.
5. We are under no obligation to provide any Product or Event to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been
recognised by you as an error.
6. If we agree with you that you may pay for a Product or Event in instalments, then each instalment must be paid by its due date (as notified by us to you).
7. If you fail to make any payment due to us by the due date for payment then, without limiting our other remedies, we may:
a. charge you interest on the overdue amount at the rate of 4% per annum above Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest immediately on demand;
b. charge any reasonable debt collection costs incurred in pursuing the debt, such costs to be payable by you on demand;
c. refuse you entry to any Event (whether or not your booking on any such Event was a free bonus place for which you did not pay a specific fee);
d. refuse to provide you with any Event materials; and/or
e. refuse to provide you with any Products that you have ordered from us, whether or not you have paid for them.
Rescheduling/ late attendance
You can schedule and cancel appointments by emailing us at drmargriethealth.
I value your time and mine, so please give me 48 hours notice if you need to reschedule.
All sessions that are cancelled with less than 48 hours notice will be forfeit unless there was an emergency. Arriving late will result in the length of our session being cut short – so please be on time.
We guarantee that the services we supply to you will be supplied within in a reasonable time, with due care and skill, fit for the purpose that we advertise and that you have told us you are acquiring the services for and for a result which you have told us you wish the service achieve, unless we consider and disclose that this purpose is not achievable.
If you change your mind after purchase, you are not entitled to a refund. We provide refunds to the extent required under UK consumer Law. We do not provide refunds for additional reasons.
If you are seeking a refund, we look at all cases on an individual basis – please email email@example.com setting out your circumstances.
All intellectual property rights (including but not limited to copyright) in all products, events and event materials at all times belong to and shall remain vested in us.
Neither you nor any other person shall obtain any intellectual property rights or any other interest, right or title whatsoever in or to any Product or any Event materials or any part thereof save as otherwise expressly granted under these terms of supply.
If you purchase an event for which we provide you event materials, we hereby grant you a non-transferable, non-exclusive licence to use those materials strictly for the purpose of participating in the relevant event and for your own educational, non-commercial purposes.
You shall ensure that such course materials are only made available to and accessed by you and you must not make available, copy, reproduce, disseminate, retransmit, sub-license, distribute, sell, publish, broadcast or otherwise supply in any medium and in any manner any such materials (or any part of them) to any third party.
All information provided by the client will be kept strictly confidential, and will only be disclosed with the clients consent, or as required by law or regulatory body.
Coaching serves to address specific personal projects eg the client’s health and wellbeing, and issues pertaining to that, or general conditions in the client’s life.
You acknowledge that health coaching is not a substitute for medical assessment or diagnosis, under these terms and conditions.
You acknowledge that health coaching is not counselling or psychotherapy.
We do not guarantee or warrant any specific result or benefit to you from coaching.
The coaching is not provided on a pay as you go basis, which means that once entered into, the full sum of the contract will remain due, even if an installment payment plan is in place.
Throughout the working relationship, the coach will engage in direct and personal conversations. The coach seeks to be honest and straightforward. The client understands that the nature of coaching is participative and the client agrees to commit to a powerful coaching relationship. If the client believes the coaching is not working as desired, the client will communicate that belief and take action to return the power to the coaching relationship.
The services to be provided by the coach to the client are coaching or tele-coaching, as designed jointly with the client.
Please note that Dr. Margriet van Nieuwburg is not your personal GP or primary care physician.
This service is not a substitute for your NHS GP (or other primary care medical provider) and you are advised to ensure you are registered with an NHS GP (or other primary care medical provider)
This service does not provide a 24 hour medical care service. This remains the responsibility of your NHS GP or other primary care medical provider.
If you have a medical emergency you must either dial 999 or contact your GP/ primary care provider or the usual out of hours services.
We will keep your personal information and medical records safe and protected.
We will not share your records with any 3rd party unless we have your express permission to do so in writing, unless we are required to do so by law or in the interest of your safety or that of the public.
We will not share your records with insurance companies.
We will not complete disability, insurance or other forms on your behalf.
Feedback and dispute resolution
Your feedback is important to me. I seek to resolve your concerns quickly and effectively, if you have any feedback or questions, please contact me.
If there is a dispute between us, we agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. We agree to meet in good faith to seek to resolve the dispute by agreement between us.
- If we cannot agree how to resolve the dispute, any party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Citizens Advice to appoint a mediator through the Alternative Dispute Resolution process. The mediator will decide the time and place for mediation. All parties must attend the mediation recommended by the mediator in good faith, seeking to resolve the dispute in a timely and reasonable manner, without undue delay or distractions.
Acknowledgement and Disclaimer
I understand that I am working with Dr Margriet Health for the agreed services set out in the patient contract.
Nothing in these terms of supply excludes or limits our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation; or
c. any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
Our maximum aggregate liability in respect of any claim arising out of any Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total sum paid for the particular Product and/or Event giving rise to the claim.
We will not be liable to you or anyone else in contract, tort (including negligence), breach of statutory duty or otherwise for losses that fall into any of the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; loss of goodwill; loss of contract; waste of management or office time; or any special, indirect, consequential or pure economic loss which arises out of or in connection with these terms of supply even if we had been advised of the possibility of such loss.
We shall have no liability for any failure or delay in the performance of any of our obligations where any such failure or delay is due to any act or omission by you or any third party.
You assume sole responsibility for the selection, suitability and use of the coaching services.
You are liable for and agree to indemnify me in respect of any loss or liability which we suffer, incur or are liable for as a result of
- Any information you give me which is not accurate, up to date, complete to is misleading
- Any breach of these terms
- Any damage to studio facilities
Applicable laws require that some of the information or communications we send to you should be in writing.
You accept that communication with us may be mainly electronic including email. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at firstname.lastname@example.org.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received by you and properly served on you 24 hours after an e-mail is sent to you, or three days after the date of posting of any letter to you. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified email address of the addressee.
Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. In particular, you may not transfer to anyone else your place on an event.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time.
Events outside of our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. strikes, lock-outs or other industrial action;
b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e. impossibility of the use of public or private telecommunications networks; and
f. the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
Either party may terminate the agreement between us, by giving the other party 7 working days written notice, including by email.
We may terminate the terms at any time and at our sole discretion if
- You act in an inappropriate manner, including but not limited to:
-our relationship of trust and confidence breaks down
-that defames, harasses, threatens, menaces, offends or restricts any person
-that is or reasonably be considered to be obscene, inappropriate,defamatory,disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy.
-that would bring me or the services we provide into disrepute.
- For any other reason outside of my control which has the effect of compromising our ability to work together
- You owe amounts to us that are unpaid following 30 days of the due date
Either party may terminate the terms of there has been a material breach of the terms.
The accrued rights, obligations and remedies of the parties are not affected by these terminations of these terms.
When paying for a product or event in instalments, you acknowledge that this is not a pay as you go provision, and the full amount shall remain outstanding as set out in the contract above, even if either party terminates the contract before the due completion date.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of supply, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms of supply will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms of supply or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms of supply and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these terms of supply.
Each of us agrees that our only liability in respect of those representations and warranties that are expressly set out in these terms of supply (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
Law and jurisdiction
Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any such dispute or claim will be subject to the nonexclusive jurisdiction of the courts of England and Wales.