1. DEFINITIONS
PBH, or ‘we’, ‘us’ or ‘our’ means Portobello Behavioural Health, a trading name for companies owned or controlled by PBH Group Limited a company registered in England and Wales with Company Number 12522968, whose registered office is Niddry Lodge, 51 Holland Street, Kensington, London, W8 7JB.
Business Day: A day other than a Saturday, Sunday or public holiday in England.
Client or ‘you’: An individual who has engaged PBH to provide the Services.
Contract: The contract between PBH and the Client for the Services.
PBH IPRs: All Intellectual Property rights owned by PBH, and all that arise from the performance of the Services by PHB. PBH IPRs include, without limitation, copyright in the Report.
Intellectual Property: Patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Investigation: One session of screening, diagnostics, clinical assessments and reporting as part of the Services (as defined below).
Results: The data and results following your screening and assessments and provided to you in a report (if applicable).
Sample(s): Any biological samples, such as blood samples, that you may provide in the course of receiving the Services.
Service(s): Our clinical and health and wellness packages, the details of which are available on this site or on request via enquiry@portobellobh.com or by contacting a member of our team directly.
Term: Has the meaning set out in the package applicable to you, or as otherwise agreed with you in writing.
Third Party Service Providers: The providers of certain screening and assessment services, which we will provide to you under your contract with us. Please be aware that your contract is with PBH and we may open accounts for you with our Third Party Service Providers as explained below.
1.1. A reference to a statute or statutory provision is a reference to it as amended and includes all subordinate legislation made under that statute or statutory provision.
1.2. 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.
1.3. A reference to writing or written includes fax and email.
2. OBTAINING OUR SERVICES
2.1. Your Contract with us will begin on the date on which you receive written confirmation of your booking for your first billable appointment (the Commencement Date).
2.2. Following the Commencement Date, our Services will be provided to you as described in these Terms and Conditions.
2.3. You must keep us informed of any changes to the contact details we hold for you so that we can contact you if necessary about the Services we have agreed to provide to you. Failure to provide such information may result in us being unable to provide the Services, as a result of which we may terminate our Contract.
3. HOW OUR SERVICES OPERATE
3.1. Depending on the services you have contracted, we will provide you with the clinical, health and wellness services expressly listed in the description, or as otherwise agreed with you in writing.
3.2. We may engage Third Party Service Providers to provide certain services for you on our behalf. This will be discussed expressly with you before being commissioned and you will be made aware of the associated costs.
3.3. We may refer you to other medical specialists in addition to the Services listed in your package if considered appropriate by the MDT. Any such referral is not included in your Service fee, and you will be liable for any professional fees if you accept any such further services or referrals. Any additional cost will be notified to you in advance and we will not incur any additional costs on your behalf without your consent.
3.4. As things evolve, the Services we offer may change from time to time. We may make minor adjustments and changes to the Services without further notice to you. We will provide you with written notice if we plan to remove, add, substitute, or otherwise substantively change any of our Services.
3.5. The Services are offered as a fully integrated and bespoke plan tailored to you. Once we have commenced the provision of the Services, we are unable to offer any refund of the fees paid under your Contract.
4. PAYMENT
4.1. The fees payable to PBH for our Services will be notified to you in writing. The fees may change from time to time, but any changes will be notified to you advance.
4.2. The Service fees exclude, unless otherwise notified to you:
- Any professional fees for consultations or other services by external professionals to whom you have been referred or which have been recommended to you by us; referred b) Any medication or supplementation recommended or prescribed by our MDT.
4.3. Payment instructions will be provided with each invoice. We will commence providing the Services following receipt in full of your first payment.
4.4. We will suspend the provision of Services, includiours'ng consultations with our MDT, in the event of late payment, and may terminate the Contract if the payment(s) remains overdue. Please note that we stop all services being carried out until any payment due has been received.
Cancellation of PBH Appointments/Services on Short Notice
4.5. Cancellation of any PBH appointment with less than 24 h notice will incur a cancellation charge for the full cost of the appointment/service. For any appointments with third parties, there may be different or additional cancellation charges, which will be notified to you in advance, and for which you will be liable.
4.6 Cancellation of case management requires 1 month's notice. There is no refund for any unused part of a case management cycle.
5. ELIGIBILITY AND ACCEPTANCE OF TERMS
5.1. You may not use our Services and may not accept these Terms and Conditions if you are not over 16 years' of age. For clients younger than 16 a suitable adult guardian must accept the terms of their behalf.
5.2 Services may not be sub-contracted without explicit prior consent from PBH.
6. CONSENTS
6.1. In order to provide the Services to you, it may be necessary for us to communicate with Third Party Service Providers. We may require your written consent to open communication and liaise on your behalf and we will send you written notice of any consents required.
6.2 Confidentiality is at the core of our business. Confidentiality is held corporately as such you consent to your information being discussed internally in the interest of providing you with the best possible care. This includes sharing your personal details with third parties contracted directly by PBH to provide services to you on our behalf such as coaches or therapists.
6.3. If you do not provide such consent, we may be unable to deliver all or some of the Services.
6.4. You will be asked to provide written consent for other people you may want us to share your personal information with. In the absence of written consent, we can't share any of your information with third parties, family members etc. You may provide consent to PBH to share your details generally in a way which is considered to be in your best interest and in line with your care. In such cases you indemnify PBH of any liability resulting from sharing your information with third parties, which we communicate with in good faith.
6.5. In rare instances it may be necessary to breach confidentiality when compelled to for legal reasons. This may include where there is a danger to life or a safeguarding concern. You agree to indemnify PBH in the event that such a breach needs to take place and you understand that the limits of confidentiality are restricted by the applicable laws of the day.
7. TIMING AND DELAYS
7.1. PBH will use its best efforts to provide Services to its Clients within any timetable advised. If the provision of Services is delayed by an event outside the control of PBH, then PBH will contact you as soon as possible to inform you and will then take the necessary steps to minimise the effect of the delay.
7.2. PBH will have no liability for any delay caused by events outside of its direct control.
8. COMPLAINTS
Please refer to our Complaints Policy or as provided to you together with these Terms and Conditions for information about our complaints procedure. For the avoidance of doubt, you are able to submit a complaint via admin@portobellobh.com or by contacting any member of our team directly.
9. TERM, TERMINATION AND CANCELLATION
9.1. Your Contract shall continue for the Term applicable to you and terminate at the end of that period.
9.2. Except as provided at 10.7 and 10.8 below, you may give notice terminating the Contract with us at any time by sending us an email to admin@portobellobh.com and your Contract and the Services we provide will terminate at the end of the current Term (the Termination Date).
9.3. If your Contract is for monthly services, your Contract will renew automatically at the end of each Term for further 1 (one) month Term.
- We will issue an invoice for payment for each additional Term at the commencement of that month. Your contract will not renew unless we receive payment of that invoice.
- PBH may in its sole discretion issue new Terms and Conditions for you to agree in order to receive further Services.
- If you give notice to terminate your contract after the Termination Date, PBH may charge you a 1 month fee to cover its costs of administering your Contract after the Termination Date.
9.4. These Terms and Conditions will continue to apply until terminated in accordance with this section.
9.5. PBH may terminate the Contract we have with you if at any time you have breached these Terms and Conditions, including a failure to make payment of our invoices when required, or if we are required to do so by law.
9.6. It may be necessary for PBH to terminate some of the Services we provide to you in the event that:
- Any of our Third Party Service Providers cease to provide services;
- Any of our Third Party Service Providers terminate their relationship with PBH;
- Any of the Services become commercially unviable; or
- PBH reasonably considers that any of the Services, are no longer suitable or are not delivering the desired results or you are not following the recommendations or treatment plan or there is an irreplicable breakdown in the relationship or for any other reason PBH decides it can no longer provide services to you.
9.7. If PBH terminates support any services which have been paid for and which would have taken place after the Termination Date and are now no longer going to be provided will be refunded - this may include a pro-rata case management fee.
9.8. You have a legal right to request cancellation of the Contract you have with PBH within 14 days from the date of execution of the Contract and you may do so by notifying PBH in writing. Should you choose to exercise this right by notifying PBH in writing, you will be entitled to a refund for Services which have not been provided and for which PBH has not incurred any expense at the time you exercise your right to cancel. For the avoidance of doubt, we will not be able to provide any refund in relation to the cost of any support, advice or services that have been delivered to you prior to receiving a cancellation notice from you.
9.9. Any provision of the Contract that expressly or by implication is intended to have effect after cancellation, termination or expiry shall continue in full force and effect.
9.10. Termination or expiry of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of Termination or expiry.
10. LIMITATION OF LIABILITY: THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
10.1. Nothing in this agreement excludes or limits our liability where it would be unlawful to do so, including for:
- Personal injury (including death) caused by the negligent or wilful act or omission of either party, or their servants, their subcontractors or their agents; or
- Fraud or fraudulent misrepresentation.
10.2. PBH assumes no responsibility for the use of the Services outside these Terms and Conditions. We also recommend that you read any terms and conditions provided by any of our Third Party Service Providers in conjunction with these Terms and Conditions. PBH bears no responsibility for treatments provided by a third party, including a third party that has been recommended or commissioned by us.
10.3. You acknowledge that PBH services, including those provided by third parties, are not perfect. PBH assumes no liability for results or reliance thereon, save where such results are the result of negligence by PBH.
10.4. PBH accepts no liability in relation to the results until they are acknowledged as received by the relevant Third Party Provider at the address specified.
10.5. PBH does not accept responsibility for loss or damage that can be traced back to inaccurate or incomplete information provided by you, whether during the term of the Contract or otherwise:
- In relation to your medical history (including family medical history) or any other personal attribute related to the provision of the Services; or
- To a question by a PBH staff, the MDT or any other healthcare provider involved in your care, or on any consent form.
10.6. PBH bears no responsibility for business losses. PBH provides the Services for personal domestic use only. If you use the Services for any other purposes, including commercial or business purposes, PBH will have no liability to you for any loss, including without limitation lost profit, loss of business, business interruption, and loss of business opportunity.
10.7. PBH will only be responsible for loss and damage that is foreseeable, and which is caused by PBH. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the pre-contractual process.
11. IMPORTANT INFORMATION REGARDING PBH'S SERVICES
Results and Analysis
11.1. You agree and acknowledge that the advice, support and direction you receive from us may contain information and data that you did not anticipate or do not like. You should carefully consider what impact such knowledge may have on your mental health and wellbeing.
Your health behaviour
11.2 You are responsible for discussing any advice given to you by our team, with any other medical practitioners or healthcare professionals who may be involved in your care separately from your Contract with PBH.
12. INTELLECTUAL PROPERTY
PBH shall retain ownership of all PBH IPRs, including in any information or reports provided to you. You may not sell or otherwise transfer, publish or modify any information provided to you by PBH.
13. HOW WE USE AND PROTECT YOUR PERSONAL DATA
13.1. In providing Services to you under this Contract, various notes will be taken in relation to your behaviour and mental health. This information is stored securely on a variety of systems. This is what we call Your Health Data. You own Your Health Data.
13.2. By entering into a Contract with us, you acknowledge and agree that we may hold and store Your Health Data and use Your Health Data to provide our Services and to produce the written reports as necessary.
13.3. PBH will comply with all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018 (DPA), the UK GDPR (as defined in the DPA), the General Data Protection Regulation ((EU) 2016/679); the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended (UK Data Protection Legislation).
13.4. PBH shall collect and process any Personal Data (as defined in the UK Data Protection Legislation) in accordance with the Privacy Policy and Notice which accompanies these Terms and Conditions, as may be amended from time to time, such amendment being notified to you as may be required. Our Privacy Policy can also be found on our website.
14. CHANGES TO THE TERMS AND CONDITIONS
14.1. We may make changes to these Terms and Conditions from time to time and we will notify you of any material changes to the Terms and Conditions.
14.2. You acknowledge and agree that if you continue to use our Services after we have changed our Terms and Conditions, PBH will treat your continued use of our Services as acceptance of our updated Terms and Conditions.
15. FORCE MAJEURE
PBH shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. Such events include, but are not limited to, health crises, pandemics, government restrictions, importation and exportation restrictions, strikes and other labour actions, war, conflict or civil unrest, and natural weather disasters. In such circumstances PBH shall be entitled to a reasonable extension for the time for performing such obligations. If the period of delay or non-performance continues for three (3) months, either party may terminate the Contract by giving thirty (30) days’ written noticed.
16. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Client and PBH and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
17. THIRD PARTY RIGHTS
The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
18. GOVERNING LAW AND JURISDICTION
The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation.
