1.1 When we use the following words in these terms, they have the following meanings:

(a) “Additional Costs”  has the meaning set out in Clause ‎4.2 (and for the
avoidance of doubt such charges will only be made with your explicit consent);

(b) “consultant” means a registered medical practitioner with whom we have a
service provider agreement (either directly or through a consultant company)
and who holds, has held or is qualified to hold an appointment as a consultant
in the National Health Service in a specialty other than general practice and
whose name is on the register of specialists kept by the General Medical
Council;

(c) “Consultation Appointment Letter” means the letter we send to you
confirming your appointment for your Initial Consultation;

(d) “Consultation Follow-up Letter” means the letter we send to you by email
within 72 hours following your Initial Consultation providing details of any
recommended course of treatment and which is accompanied by a Quotation
Letter where further treatment is recommended;

(e) “Initial Consultation” means your first appointment with a consultant to assess
the treatment you may require;

(f) “LLP“ means Limited Liability Partnership described in Clause ‎2.1 (of which
each consultant is a member);

(g) “Patient Letters” means the Consultation Appointment Letter, the Consultation
Follow-up Letter and the Quotation Letter;

(h) “Private Healthcare Facility” means any facility providing Privately Funded
healthcare services on an inpatient, day-case and/or outpatient basis;

(i) “Private Healthcare Provider” means a healthcare provider providing Privately
Funded hospital services;

(j) “Privately Funded” means paid by individuals directly and excludes
arrangements which are directly paid by private medical insurers;

(k) “Quotation Letter” means the letter accompanying the Consultation Follow-Up
Letter and which sets out details of the recommended Treatment Services and
the Quoted Price for them, following your Initial Consultation;

(l) “Quoted Price” means the price you pay for the Self-Pay Services, which
includes the cost of the Treatment Services and any related administrative
services, and is set out in the Quotation Letter;

(m) “Self-Pay Services” means [any services we provide to you under these terms
and any Treatment Services that may be received by you as a self-paying
patient];

(n) “terms” means these terms and conditions, expressly incorporating the terms
set out in the Patient Letters, each as may be amended from time to time in
accordance with their provisions and the expression “contract” refers to the
contract formed between you and us by these terms;

(o) “Treatment Services” means the services which your consultant provides to
you, including all consultations, and the care, treatment or procedures to be
carried out at a Private Healthcare Facility by the Private Healthcare Provider,
to which a Quoted Price applies, as detailed in your Quotation Letter and as
may be changed from time to time in accordance with these terms;

(p) “we”, “us” or “our” refers to the LLP(see Clause ‎2.1 for more details); “you” or
“your” refers to the person using the Self-Pay Services.

1.2 In these terms, unless the context otherwise requires:

(a) the singular shall include the plural and vice versa and words denoting any
gender shall include all genders;

(b) a reference to legislation or a legislative provision is a reference to it as
amended, extended or re-enacted from time to time and a reference to
legislation or a legislative provision shall include all subordinate legislation
made from time to time under that legislation or legislative provision;

(c) a reference to “writing” or”written” includes emails;

(d) any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for example’
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.

2.1 Who we are. We are Birmingham HC LLP (the “LLP”) a limited liability partnership
incorporated and registered in England and Wales with registration number OC435607. Our registered office is at C/O Medmin Services Limited. Trigate House, Hagley Road West, Birmingham B68 0NP,England.

2.2 How to contact us. You can contact us by:

(a) telephone on 0121 7169052 between 8AM – 8PM Monday – Friday;

(b) email at info@birminghamherniaclinic.com; or

(c)C/O Medmin Services Limited. Trigate House, Hagley Road West, Birmingham B68 0NP,England.

2.3 How we may contact you. We will use the email address, telephone number and/or
postal address you provide to us to contact you. You must let us know in a reasonably
timely manner if those contact details change.

3.1 Services we provide and are liable for: Subject to us accepting your booking and
receiving payments from you when due under these terms, we agree to provide support
services to you, consisting of some or all of the following services as required in relation
to, or for otherwise facilitating, your Treatment Services, and/or as otherwise agreed with
you:

(a) we help you to select a consultant (or, where appropriate, consultants) with
experience in the medical condition you are experiencing;

(b) we help you select a suitable Private Healthcare Facility and a Private
Healthcare Provider;

(c) we arrange and book appointments (including in relation to the Initial
Consultation and any Treatment Services) with your selected consultant(s) and
Private Healthcare Facility;

(d) we collect the Quoted Price and any agreed Additional Costs from you and pay
the relevant consultant(s) and/or the Private Healthcare Provider for their
services on your behalf; and

(e) we will provide such other services as we reasonably consider necessary in the
circumstances in order that you can benefit from your Treatment Services.

3.2 Delegation of our services: You agree that we may delegate the provision of the
services in Clause ‎3.1 above to an appropriate service provider. We currently outsource
the provision of these services to Medmin Services Limited, who carry them out on our
behalf, however we remain responsible to you for providing these services.

3.3 What we do not provide and why:

(a) We do not ourselves provide the Treatment Services and we do not at any time
diagnose conditions or provide medical care or treatment or provide any
healthcare services.

(b) All healthcare services, diagnostics, treatment and care provided to you
(whether as Treatment Services or otherwise) will be provided by consultant(s)
and Private Healthcare Providers and not by us. These services and their
providers will be identified in your Consultation Follow-up Letter. All of these
consultant(s) and Private Healthcare Providers are independent third parties
and your relationship with them will be governed by separate legal contracts
and/or terms and conditions between each of them and you. Your consultant(s)
and Private Healthcare Provider will provide you with copies of the documents
containing those contracts and/or terms and conditions for you to agree.

4.1 The Quoted Price is set out in the Quotation Letter, along with details for payment of the
amounts due, and is the total amount you will need to pay in relation to the
recommended Treatment Services and any related administrative services.

4.2 We or your consultant will discuss with you any additional costs or charges that are not
covered by the Quoted Price (“Additional Costs”). These costs might cover additional
diagnostic tests or scans, for example. Additional Costs will only be incurred with your
explicit consent, usually as part of your consultation.

4.3 You agree that you will pay the Quoted Price and any agreed Additional Costs at the
time and using a method set out in the Quotation Letter for the Self-Pay Services. You
acknowledge and agree that delivery of the Self-Pay Services are dependent on you
paying the applicable Quoted Price, and Additional Costs where applicable, in
accordance with these terms, including the Quotation Letter.

4.4 When you tell us that you wish to go ahead with an Initial Consultation, we will take
payment for your Initial Consultation by credit or debit card over the phone or, if you
request us to, send you bank details to enable you to make an electronic bank transfer.
We must receive payment for an Initial Consultation at least 48 hours before the
consultation takes place, otherwise we may have to cancel the Initial Consultation.

4.5 If we do not receive payment for any Self-Pay Services at least 48 hours before the
relevant services are to be provided, we are entitled to cancel those services by notice to
you and to treat our contract with you as cancelled.

4.6 We cannot accept payment in cash.

5.1 You can arrange to use Self-Pay Services by calling us by telephone during our opening
hours (see Clause ‎2.2(a) for details).

5.2 When we speak to you, we will take some details from you and discuss your
requirements and options. If you indicate to us that you wish to go ahead with an Initial
Consultation, we will require payment from you as set out in Clause ‎4.4 . Following the
call or after receipt of your payment, we will email you a receipt as well as the
Consultation Appointment Letter, which will confirm the time of your appointment, the
consultant’s name you are booked to see, the Private Healthcare Facility where you will
be seen and details of any diagnostic procedures that may take place during the Initial
Consultation.

5.3 By making payment for your Initial Consultation, or upon receipt of your
Consultation Appointment Letter if earlier, you agree that you will be bound by these terms in all of your dealings with us and that any services that we provide
will be subject to these terms.

5.4 Post-Consultation and further treatment.

(a) Following your Initial Consultation, we will send you a Consultation Follow-up
Letter detailing your consultant’s recommendations. They may suggest further
Treatment Services, such as diagnostic procedures, treatments or surgery, in
which case the Consultation Follow-up Letter will be accompanied by the
Quotation Letter. The Quotation Letter will include details of the Treatment
Services and the Quoted Price, and where relevant, of any Additional Costs
outside the Quoted Price that you may need to incur and the reasons why.

(b) We will follow up with you by telephone to check whether you wish to go ahead
with the Treatment Services, and if so, to make an appointment at your
convenience at the Private Healthcare Facility and to arrange payment. We
must receive payment for any further Self-Pay Services before those
services (including any treatments) are provided.

(c) Please note that a copy of the Consultation Appointment Letter will also
be sent to your GP and will form part of your patient record.

5.5 If we cannot accept your booking. If we are unable to accept your booking for further
Self-Pay Services, we will tell you. Please note that we cannot accept bookings from
any:
(a) customers outside the UK;

(b) customers under the age of 18; and/or

(c) customers who wish to fund their treatment through private medical insurance.

6.1 If you wish to change your booking for any Self-Pay Services, such as changing your
appointment date, a consultant, Private Healthcare Facility or Private Healthcare
Provider, you must contact us as soon as reasonably practicable by telephone, email or
other agreed method.

6.2 We will let you know as soon as reasonably practicable if the change you are proposing
is possible. If the change is possible, we will tell you of any resulting effect on the
Quoted Price, timings or any other aspects of the Self-Pay Services you have booked
and ask you to confirm whether you still wish to go ahead. We will only make the change
once you confirm to us that you wish to continue, either on the telephone, or by email
(using the details in Clause ‎2.2 ) or other agreed method.

6.3 IMPORTANT – you will need to confirm any change as soon as you can and please note
that if you wish to make a change near to the date of your appointment, you may have to
pay a cancellation charge – see Clause ‎10.3 .

7.1 We may make minor changes to your Self-Pay Services which do not adversely affect
the services provided to you. We will notify you of these changes when they are made.
For example, we may need to make a minor change:

(a) to reflect changes in relevant laws and regulations;

(b) to put in place adjustments and improvements; and/or

(c) to enable compliance with clinical best practice.

7.2 If we need to make any changes to your booking and/or Self-Pay Services that will have
an adverse effect on your Self-Pay Services (including for example where a consultant
or appointment is no longer available) then, without any impact on our rights under
Clause ‎9 , we will notify you of the change reasonably in advance and contact you to
agree it with you.

7.3 If you do not accept a proposed change or agree an alternative with us under Clause
‎7.2 , you may cancel your Self-Pay Services by notifying us (using the details in Clause
‎2.2 ). In these circumstances, we will refund you any money you have paid for services
which have not been provided as a result.

8.1 Minor or necessary changes. We may make changes to these terms from time to time
for the following reasons:

(a) the changes are minor and improve these terms or do not adversely affect the
services provided to you;

(b) to reflect changes in relevant laws and regulations;

(c) to put in place adjustments and improvements; and/or

(d) to enable compliance with clinical best practice.

We will notify you of any such changes in writing as soon as we reasonably can. If we
believe that any changes of the kind set out in ‎(b) to ‎(d) above may have an adverse
impact on you, if possible we will provide notice reasonably in advance.

8.2 Other changes. Sometimes, we may have to make other changes to these terms which
may have an adverse impact on you. In those circumstances, we will notify you in
advance and discuss the changes with you. If you feel that you do not want to continue with our agreement as a result of those changes, or we cannot agree an alternative with
you, you may cancel the contract formed by these terms in accordance with Clause
‎10.2 , which may result in you receiving a refund as set out in that clause.

9.1 We are not responsible for delays outside our control. We will contact you as soon
as possible if your booking is affected by an event outside our control. We will try to
minimise the effect of any delay due to such an event. Provided we do this we will not be
liable for delays caused by the event, but you may contact us (using the details in
Clause ‎2.2 ) to cancel the contract as set out in these terms and we will pay you a refund
to the extent of any Self-Pay Services you have paid for but not received prior to your
cancellation.

9.2 We are not responsible for delays caused by a consultant and/or the Private
Healthcare Provider. We will contact you if a consultant and/or the Private Healthcare
Provider tell us that one of them wishes to delay or postpone their part of the Self-Pay
Services. In these circumstances, we will try and agree with you an alternative
appointment date with the same consultant and/or Private Healthcare Provider, or with
an alternative consultant and/or Private Healthcare Provider (as the case may be). If
you do not agree any of the alternative(s) that we propose, we will pay you a full refund
to the extent of any Self-Pay Services you have paid for but not received. Please note
that we are not under any circumstances responsible for delays caused by a
consultant and/or a Private Healthcare Provider.

9.3 What will happen if you do not provide any required information to us.

(a) We may need certain information from you, including answers to patient safety
questionnaires, consultant engagement letters, Private Healthcare Provider’s
registration and admission forms. Where necessary we will contact you to ask
for this information. (Please see Clause ‎14 for more details on how we may use
your personal information.)

(b) If you do not, within a reasonable time of us asking for it, provide us with such
information, or you provide us with incomplete or incorrect information or you
don’t sign the letters or forms required for any of your Self-Pay Services, it may
not possible for us, the consultant and/or Private Healthcare Provider (as the
case may be) to provide the Self-Pay Services.

(c) If it is not possible for the Self-Pay Services to be provided in those
circumstances, we may either cancel the contract by written notice to you, or
make an additional charge to cover the reasonable costs of any extra work we
have to carry out as a result.

(d) Neither we nor the consultant, nor the Private Healthcare Provider, will be
responsible for providing any part of the Self-Pay Services late or not providing any part of the Self-Pay Services to the extent that this is caused by you not
providing information requested within a reasonable time.

10.1 You can end the contract before the Self-Pay Services have been delivered. You
may contact us at any time (using the details in Clause ‎2.2 ) to end your contract with us
and to cancel the Self-Pay Services, but in some circumstances we may charge you
certain sums for doing so – see Clause ‎10.3 below.

10.2 What happens if you have good reason for ending the contract. If you cancel the
contract and/or your Self-Pay Services for a reason set out at ‎(a) to ‎(c) below, our
contract with you will end immediately and we will refund you in full for any Self-Pay
Services that you have paid for which have not been provided or have not been properly
provided. The relevant reasons are (without impacting your rights under Clause ‎9.2 ):

(a) you do not accept or agree a change to your Self-Pay Services under Clause
‎7.3;

(b) we have told you about a change to these terms under Clause ‎8.2 which you do
not agree to; and/or

(c) we have failed to comply with these terms in a way that has a material
detrimental impact on you.

10.3 What happens if you end the contract or cancel your Self-Pay Services for other
reasons. If you contact us (using the details in Clause ‎2.2 ) to cancel any of your Self-
Pay Services or these terms for any reason other than one of the reasons set out in
Clause ‎10.2 above, our contract with you will end immediately and:

(a) if you have cancelled your Self-Pay Services more than 48 Hours prior to your
appointment, we will refund you the price you have paid for the treatment which
you have not yet received;

(b) if you have cancelled your Self-Pay Services less than 48 Hours prior to your
appointment, we will keep the full price you have paid and no money will be
refunded to you (to reflect for example the risk that we will be unable to recover
these costs from the consultant or private healthcare provider).

11.1 We may end the contract if you do not comply with your obligations under it. We
may treat the contract as cancelled (and we will notify you of such cancellation) if:

(a) you do not make any payment due to us at least 48 hours prior to the services
to which the payment relates (whether an Initial Consultation or any part of the
Self-Pay Services);

(b) you do not, at least 48 hours prior to the Treatment Services, provide us with
information that is necessary for us to provide to the consultant or the Private
Healthcare Provider in order for them to provide Treatment Services, for
example information such as answers to patient safety questionnaires, forms or
engagements with a consultant and/or a Private Healthcare Provider.

11.2 We reserve the right to deduct any costs we have reasonably incurred from a
refund. If we cancel the contract in the situations set out in Clause ‎11.1 , we will refund
any money that you have paid in advance for services which have not yet been
provided; except that we will deduct from any refund to you all losses and costs that we
have incurred in relation to your Self-Pay Services and/or as a result of your failure to
comply with your obligations under the contract.

11.3 We may stop providing the services. We may write to you to let you know that we are
going to stop providing stages of the Self-Pay Services that are no longer available. We
will let you know as far in advance as we can and we will refund to you any sums you
have paid in advance for any Self-Pay Services which cannot be provided.

12.1 How to tell us about problems. If you have any questions or complaints about the Self-
Pay Services, please contact us as soon as you can. You can contact us by telephoning
us on 0121 7169052 or by writing to us at info@birminghamherniaclinic.com or C/O Medmin Services Limited. Trigate House, Hagley Road West, Birmingham B68 0NP,England.

 Please note that if your questions
or complaints relate to your Self-Pay Services, you should contact us first of all.

12.2 Your statutory legal rights. Nothing in these terms will affect your statutory legal rights,
whether under the Consumer Rights Act 2015 or otherwise. For detailed information
please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

13.1 What we are responsible to you for. We are responsible for loss or damage you suffer
that is a direct result of our failure to comply with these terms and/or our failure to use
the standard of care and skill required of us by applicable law in providing services in
relation to, or otherwise facilitating, the Treatment Services (or as otherwise agreed with
you), as set out in Clause ‎3.1 above.

13.2 We are not responsible or in any way liable for:

(a) the acts or omissions of consultants or Private Healthcare Providers; you have
separate contracts with them which will set out their liabilities to you;

(b) any loss or damage you may suffer arising from the quality of diagnoses,
treatment or care provided to you as part of the Treatment Services or otherwise, or which is caused by any consultant(s) and/or Private Healthcare
Provider(s). In such cases any claim you may have will be against the
consultant(s) and/or Private Healthcare Provide who diagnosed, treated or
cared for you.

13.3 We do not exclude or limit in any way our liability to you where it would be
unlawful to do so. This includes not excluding liability for death or personal injury
caused by our negligence or the negligence of our employees, agents or sub-
contractors; for fraud or fraudulent misrepresentation or for breach of your statutory legal
rights in relation to the Services.

13.4 We are not responsible for your business or consequential or indirect losses. We
only provide services to private individuals. We will have no liability to you for any loss of
profit, loss of goodwill, loss of business, business interruption, loss of business
opportunity, or for any consequential or special damages or any kind.

How we may use your personal information: We take your personal information
very seriously. Please see our Privacy Policy which sets out what personal
information we may receive about you, how we use it and who we share it with.
You can find our Privacy Policy on our Privacy Policy page

15.1 Transferring the contract.

(a) These terms are personal to you and you may not assign or transfer your rights,
liabilities and/or obligations under them to any other party without our prior
written consent.

(b) You agree that we may assign, delegate or transfer our rights under these
terms to another organisation as set out in these terms and otherwise on written
notice to you.

15.2 Nobody else has any rights under this contract. This contract is between you and
us. No other person shall have any rights to enforce any of its terms, whether under the
Contracts (Rights or Third Parties) Act 1999 or otherwise.

15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of
the clauses of these terms operates separately. If any court or relevant authority decides
that any of them are unlawful, it will not affect the remaining clauses, which will remain in
full force and effect.

15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not
insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, we can still
take steps against you at a later date.

15.5 Resolving disputes. If any dispute arises in connection with this contract we and you
agree to enter into mediation in good faith to settle such dispute and will do so in
accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation
Procedure. Unless otherwise agreed between us and you within 14 days of notice of the
dispute, the mediator will be nominated by CEDR. The commencement of mediation
shall not prevent you or us commencing or continuing court proceedings in relation to
the dispute under Clause ‎15.6 .

15.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in
respect of the services in the English courts. If you live in Scotland you can bring legal
proceedings in respect of the services in either the Scottish or the English courts. If you
live in Northern Ireland, you can bring legal proceedings in respect of the services in
either the Northern Irish or the English courts.

These terms and the documents referred to in them contain the
whole agreement between you and us and supersede all previous arrangements,
discussions, representations or agreements between us relating to the same subject
matter. Without prejudice to your legal rights (including under the Consumer Rights Act
2015), you and we each acknowledge that it is intended that we have no remedies in
respect of any statement, representation, assurance or warranty that is not set out in
these terms.