Terms and Conditions.

1. These terms

1.1 These Terms and Conditions on which we supply products, whether these are goods or services ( “Services” detailed overleaf ) to you (“you” or “Client”) by BiOrigin LTD, a company registered in England under number 13485607, whose registered office is at Mor Workplace, Treloggan Lane
Newquay, TR7 2FP. (“we” or “BiOrigin”). No other terms and conditions shall apply to the provision of the Services unless agreed upon in writing between you and BiOrigin.

1.2 Our website is solely for the provision of services in the UK. Unfortunately, we do not accept orders or are able to provide services to people currently resident outside of the United Kingdom.
1.3 These terms and services may be subject to amendment. Please therefore ensure revision of this document to ensure you understand the terms that apply at the time of engagement of the services provided [These terms were most recently updated on 31st December 2022.

2. Why you should read them

Please read these Terms and Conditions carefully before you book a consultation with BiOrigin. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or you would like anything clarified, please contact us to discuss.

3. How to contact us

You can contact us by writing to us at info@biorigin.co.uk or at our postal address: 10 Marcuse Fields, Bosham, Chichester, PO18 8NA.

4. How BiOrigin may contact you

4.1 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us during the booking process.
4.2 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

2. Services

2.1 The description of the Services is as set out in BiOrigin’s website, promotional materials or at BiOrigin’s premises (together “BiOrigin’s Materials”). In accepting these Terms and Conditions, you acknowledge that you do not rely on any other representations regarding the Services save for those made in writing by BiOrigin. No descriptions of the Services set out in BiOrigin’s Materials shall be binding on BiOrigin and are intended as a guide only.

2.2 BiOrigin will offer the ability to be consulted either in Person at The Pavilion, [2019 Homestead Rd, Chichester PO19 6DA], or virtually through the use of a virtual meeting platform. If you opt for a virtual appointment you shall be emailed a secure link prior to your appointment. Recording consultations using any form of electronic media is not allowed without the written permission of both the Doctor and the Patient.

2.2 Advice, care and Services provided by BiOrigin is not a substitute for any urgent care services or regular care with your usual General Practitioner or Doctor’s Surgery. You understand that no emergency or acute care or urgent medical advice will be provided to you by BiOrigin.
2.3 If you are recommended a prescription we may subsequently refer you to an online pharmacy, provide a written private prescription (which may attract an additional fee), or you may request the prescription to be fulfilled by your GP.

3. Price and payment

3.1 Subject to clauses 3.2 and 3.3 of these terms, the price (“Price”) of the Services (which includes VAT, if applicable) will be the price as advertised on the website, or agreed verbally during the booking process, or in writing for specific Services, in force at the date of your consultation unless we have agreed another price in writing. BiOrigin takes all reasonable care to ensure that the Prices of Services advised to you are correct. However please see paragraph 3.6 for what happens if we discover an error in the Price of the Services you book.

3.2 In addition to clause 3.1 hereof, BiOrigin reserves the right to also charge additional fees with respect to Services, such as phlebotomy, postage, written correspondence to other healthcare professionals or outside agencies and any other fee and/or charge as BiOrigin may represent in the invoice.
3.3 Any increase in the cost of the Services to BiOrigin due to any factor beyond BiOrigin’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, shall be reflected in the invoice in accordance with BiOrigin’s right to increase the Price prior to a consultation.

3.4 Any increase in the Price under clauses 3.2 and 3.3 shall only take place upon BiOrigin informing you of the increase in writing.
3.5 If the rate of VAT changes between your booking date and the date BiOrigin provides the Services, BiOrigin will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.

3.6 It is always possible that, despite our best efforts, some of the Services we provide may be incorrectly priced. We will normally check prices before accepting your consultation booking so that, where the Service's correct price at your consultation date is less than our stated price at your consultation date, we will charge the lower amount. If the Service's correct price at your consultation date is higher than the price informed to you in accordance with paragraph 3.1 above, we will contact you for your instructions before we accept your booking.

3.7 You shall receive an invoice electronically prior to the consultation, and this should be paid within 24 hours of booking. Payment shall be made via bank transfer or debit/credit card payment either via the electronic invoice.
3.8 Without prejudice to paragraph 11, if you do not make any payment to us by the due date (see paragraph 4.1) or for any cancellations with less than 48 hours’ notice BiOrigin may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This 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 must pay us interest together with any overdue amount. 3.9 If you think an invoice is wrong please contact BiOrigin promptly to let us know. If the invoice is incorrect you will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

4. Changing or Cancelling your Consultation

4.1 You may change your consultation booking up to two days before the date of the consultation at no cost. If you chose to change the appointment less than 48 hours before the date of your consultation or if you do not attend the consultation at the arranged date and time (and there are no exceptional circumstances), we will be entitled to retain any sums paid by you for services not provided.

4.2 Cancellations shall be made via the booking portal or by contacting BiOrigin by emailing us at info@biorigin.co.uk with at least 48 hours’ in advance of the consultation for appointments that are not part of a package. If you have purchased a package, cancellation must be made two days before the date of the initial consultation. Once any part of a package has commenced, cancellations and refunds are not possible.

4.3 If you notify us according to clause 4.2 that you wish to amend your booking and despite our reasonable efforts we are unable to contact you or re-arrange the consultation we may cancel the appointment. We will refund any sums paid by you for services not provided, but we may deduct from that refund reasonable compensation for the net costs we incur as a result of the cancellation.

4.4 If the consultation is delayed by an event outside our control we will contact you as soon as possible via the contact information provided by you. We will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event or consultation, but if there is risk of substantial delay you may contact us to end the contract and receive a refund for any service you have paid for but not received.

6. Confidentiality

6.1 Everything that you discuss in the consultation is confidential with important exceptions for when your safety or safety of others may be at risk. It is important that you are aware that to coordinate your care your clinical details may be shared within the BiOrigin team in a secure manner, please see our Privacy Policy for further details.

6.2 BiOrigin will ask you to sign a consent form allowing the share of information for healthcare purposes. For full details please see our General Data Protection Regulation (GDPR) consent form. If we do not receive a signed GDPR consent form from you, we will not be able to coordinate your healthcare with that delivered by other providers, which means the healthcare provided by us may be less effective.

6.3 As a part of BiOrigin’s work, we aim to provide educational opportunities to healthcare students and professionals. If there is someone shadowing in clinic, you will be advised in advance and your consent will be obtained. All observers are required to sign a confidentiality agreement.
6.4 We will use the personal information you provide to us to:

(a) provide the Services;
(b) process your payment for such Services; and
(c) if you agreed to this in the GDPR consent form, to inform you about similar Services that we provide, but you may stop receiving these communications at any time by contacting us.
6.5 We will only give your personal information to other third parties where the law either requires or allows us to do so.

7. Informed consent

7.1 It is important that you understand the potential risk and benefits of some of our Services, such as any prescribed medications, including Hormone Replacement Therapy. If your programme includes any such Services, BiOrigin will inform you and you may be required to sign a consent form indicating that you have discussed the potential side effects, risks etc. with your practitioner and that you understand the indications, risks, benefits, and alternatives for using such Services.

7.2 The degree of benefit obtained from any therapy may vary. While the practitioner will make every effort possible to explain the risks and benefits of therapy, BiOrigin cannot be held liable for any idiosyncratic reactions to therapies provided and no treatment outcome is promised or guaranteed.

8. Required information

8.1 BiOrigin’s advice will be tailored to support health conditions and/or concerns identified and agreed between you and your practitioner. It is important that you give BiOrigin’s team full information regarding your medical history to include; diagnoses, allergies, medications, supplements or other therapies used, as this may affect BiOrigin’s programme.

8.2 You are required to promptly contact BiOrigin if anything in your programme requires clarification or if there are any changes to your medication or medical conditions. It is your responsibility to provide accurate up-to-date information that affects your care to your practitioner at BiOrigin.

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

As we informed you during the booking process and as set out in these Terms and Conditions, we will need certain information from you so that we can provide the Services to you. We will contact you in writing to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract and cancel the consultation/package of services or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the Services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

10. Reasons we may suspend the Services

BiOrigin may have to suspend the Services to:
(a) deal with technical problems or make minor technical changes;
(b) update the Services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Services as requested by you or notified by us to you (see paragraph 5).

11. Your rights if we suspend the Services

11.1 BiOrigin will contact you in advance to tell you we will be suspending the Services, unless the problem is urgent or an emergency.
11.2 If the Services are suspended for longer than 21 days in any 3 month-period, we will adjust the Price so that you do not pay for Services while they are suspended. You may contact BiOrigin to end the contract if we suspend the Services, or tell you we are going to suspend them, in each case for a period of more than 21 days and we will refund any sums you have paid in advance for Services not provided to you.

12. Supplements, Prescriptions and Testing

12.1 Any specific supplement programmes recommended by BiOrigin will be reviewed at regular intervals and unless specified, are not designed to be taken on a maintenance basis to avoid any potential adverse effects.
12.2 BiOrigin may recommend supplements and/or functional testing as a part of your programme and may in some cases receive commission on these products or services as a part of their trade account.

12.3 Our doctors may, based on their medical assessment, issue a private prescription that may be dispensed by an online pharmacy. All prescriptions are only valid at approved UK pharmacies.
You understand and accept that there is no guarantee that you will be approved to receive a prescription following your consultation. Prescriptions are issued at the sole discretion of our doctor/s.

12.4 We have no control over, or responsibility for an individual pharmacy, or its policies in relation to the acceptance or processing of prescriptions, the dispensing of medication, or delivery or opening times. If a prescription we have issued is not processed, dispensed or (if applicable) delivered to you correctly we recommend that you contact the pharmacy. We will not be liable to refund any payment for the consultation or services relevant to the provision of a prescription.

12.5 Prescriptions for hormone therapy will require an annual review as a minimum. Repeat prescriptions can be set up once a stable dose has been achieved and a review has taken place. Any additional prescription costs will incur an additional fee.
12.6 Our practitioners may advise you on additional testing. This may involve referring you to a third-party website. You are not obliged to use the recommended tests or services provided by other third-party providers. We have no control over and will not accept any responsibility for your order or the delivery of your prescription or testing service that you chose to purchase.

12.7 Testing will incur and additional fee and unless otherwise stated is not included in the cost of the services.

13. Problems and complaints

If you have a problem or complaint about the Services, which you have been unable to resolve with your practitioner, please contact BiOrigin, and we will support you in finding a resolution.

14. Summary of your legal rights.

See the paragraph below for a summary of your key legal rights in relation to the Services. Nothing in these Terms and Conditions will affect your legal rights.
Summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:
(a) you can ask us to repeat or fix a Service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
(b) if you haven't agreed a price beforehand, what you're asked to pay must be reasonable;
(c) if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

16. The Client’s rights to end the contract

16.1 Without prejudice to your rights to cancel a consultation pursuant to paragraph 4.2 and subject to your obligation to notify BiOrigin of any cancellation with at least 48 hours’ notice in advance, you can always end the contract before the Services have been supplied and paid for. You may contact us at any time to end the contract for the Services, but in some circumstances, we may charge you certain sums for doing so, as described below.

16.2 If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Services which have not been provided or have not been properly provided. The relevant reasons are:
(a) we have told you about an error in the Price or description of the Services you have booked and you do not wish to proceed (see paragraph 3.6);

(b) there is a risk the Services may be significantly delayed because of events outside our control (see paragraph 11);
(c) we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 21 days (see paragraph 10); or

(d) you have a legal right to end the contract because of something we have done wrong.
16.3 If you are not ending the contract for one of the reasons set out in paragraph 15.2, the contract will end immediately, but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.

17. BiOrigin’s rights to end the contract

BiOrigin may end the contract at any time by writing to you if:
(a) do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, any information required pursuant to paragraphs 7 or 8;

(c) do not inform us of any material changes to your medication or medical conditions which means that we are no longer able to provide an appropriate standard of Services; or
(d) manifest any inappropriate, offensive or violent behaviour against any of our medical practitioners or any member of staff or misuse staff time consistently

(e) the clinic team’s assessment is that we cannot provide the right services to fulfil your individual needs and you need to have an onward referral to another care provider

18. Liability

17.1 BiOrigin will not be liable in contract, tort or otherwise for any economic loss (including, without limitation, loss of profit), or for any other special, indirect or consequential loss or damage arising out of, or in connection with, its provision of any Services to the Client.
17.2 It is the Client’s responsibility to ensure that he, she or they provide the BiOrigin practitioner with all relevant medical details prior to each consultation or as requested by BiOrigin in accordance with these Terms and Conditions. BiOrigin will not be liable for any damage that occurs as a result of the Client’s failure to disclose such details.

17.3 Nothing in these terms of business shall exclude or limit BiOrigin’s liability for death or any personal injury resulting from BiOrigin’s negligence.

19. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

20. No Waiver

No waiver by BiOrigin of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

21. Severance

In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).

22. Law and Jurisdiction

22.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
22.2 Any dispute, controversy, proceedings or claim between BiOrigin and the Client relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

23. Professional Insurance information

BiOrigin holds the following insurance policies with Insync Insurance Solutions Ltd, 7th Floor Corn Exchange, 55 Mark Lane, London EC3R 7NE

(a) Medical Malpractice
(b) Employers Liability
(c) Public and Products Liability

24. Professional and regulated profession details

(a) Dr. Elizabeth Leek – Medical Doctor, UK, GMC 7140224; Professional membership:

(a) GMC registered
(b) RCGP registered
(c) FRSH membership
(d) IFM membership
23.3 The Guidance relating to the professional rules can be provided on request.

(a) Dr. Tanya Patrick – Medical Doctor, UK, GMC 6128304 Professional membership:

(a) GMC registered
(c) FRSH membership
(d) IFM membership
(e) British Menopause Society