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Terms and Conditions

When the following words are used in these Terms, this is what they will mean:

  • “Additional Fees:” Our fees for any additional Services other than those detailed on the Treatment Order or an extension to the period (as stated on the Treatment Order) for the provision of the Services;
  • “Client:” the client whose details are set out on the Treatment Order;
  • “Consumer Regulations:” the Consumer Protection (Distance Selling) Regulations 2000 as may be amended, varied or replaced from time to time;
  • “Contract:” the contract for the provision of Services entered into between us, you and/or the Client evidenced by the Treatment Order into which these Terms are incorporated;
  • “Fees:” Our fees for Services as detailed on the Treatment Order or as otherwise agreed by us in writing.
  • “Funder:” means if any the person other than the Client who is a funding the provision of Services for the benefit of the Client;
  • “Services:” the treatment services to be provided by or for us as detailed in the Treatment Plan;
  • “Terms:</u201D the terms and conditions set out in this document;
  • “Treatment Centre:” the treatment centre as detailed on the Treatment Order at which the Services will be carried out by the Treatment Provider or such other provider of addiction rehabilitation service as agreed between you and us from time to time;
  • “Treatment Order:” the order form setting out the Services which shall incorporate these Terms;
  • “Treatment Plan:” the treatment plan referred to in the Treatment Order detailing the Services to be provided for the benefit of the Client;
  • “Treatment Provider:” means us or where we are not directly providing the Services, our agents or subcontractors;
  • “you/your:” the Funder, but in the absence of a Funder being named on the Treatment Order, the Client;
  • “We/Our/Us:” denotes Gladstones Clinic Limited incorporated and registered in England and Wales with company number 7607877 whose registered office is at Unit SC101, Stables Cottage, Ganarew, Trefynwy, NP25 3SR

When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.

Words expressed in any gender shall where the context so requires or permits include any other gender.

Words expressed in the singular shall where the context so requires or permits include the plural.

In these Terms and Conditions, references to statutory provisions shall be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions (whether before or after the date of the contract) from time to time and shall include references to any provisions of which they are re-enactments (whether with or without modification).

References in the Contract to anything which any party is required to do or not to do shall include his acts, defaults and omissions whether:

  • direct or indirect;
  • on his own account; or
  • for or through any other person, and
  • those which he permits or suffers to be done or not done by any other person.

The headings in these Terms are for convenience only and shall not affect their interpretation.

Where any party is more than one person:

  • that party’s obligation in the Contract shall take effect as joint and several obligations;
  • anything in the Contract which applies to that party shall apply to all of those persons collectively and each of them separately; and benefits contained within the Contract in favour of that party shall take effect as conferred in favour of all those persons collectively and each of them separately.

 

Our contract with you

These are the terms and conditions on which we supply Services to you.

Please ensure that you and the Client read these Terms and the Treatment Order carefully, and check that the details on the Treatment Order and in these Terms are complete and accurate. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.

These Terms will become binding on you and us and the Client from date of contract signing or upon commencement of Services, whichever is soonest. It is agreed and accepted to be fully binding by us, you and the Client that commencement of the Treatment plan at the Treatment Provider is acceptance of the terms and conditions of the Contract whether the Contract is signed or not.

The Client agrees that he has entered into this Contract in consideration of the payment of our charges whether by the Client or the Funder or otherwise and through the Client’s commitment to complete the Treatment Programme.

 

Providing Services

We or our agent or subcontractors will provide the Services for a period as set out in the Treatment Order.

You and the Client acknowledge and agree that we may delegate the provision some of the Services to a third party.

Upon entering the Treatment Centre, the Client will be required to agree to abide by the Treatment Centre’s rules and regulations and it is agreed that acceptance and compliance with such rules and regulations by the Client shall be a condition of the Contract. If the client fails to abide by the Treatment Centre’s rules and regulations, we reserve the right to discharge the client without refund. If the client voluntary self discharges from treatment, no refund is due.

The Client agrees:

  • to commit to the treatment arranged by us pursuant to the Treatment Plan; and
  • to abide by any applicable laws and regulations within the country or jurisdiction within which the Services are being provided.

You and the Client agree:

  • that we and our agents or subcontractors operate a zero tolerance policy in respect of any physical, racial or verbal abuse and in the event that the Client or you act in any manner that we or our staff, agents or subcontractors consider to be either physically racially or verbally abusive towards any person whether a member of our staff or our agents, contractors or their staff or clients, then we may immediately terminate this Contract;
  • to observe and perform any rules and regulations that either we or our agents may from time to time put in place in relation to any Services or the Treatment Centre.

If you do not pay us for the Services when you are supposed to (as set out below under the clause title “Price and Payment”), we may suspend the Services with immediate effect until you have paid us the outstanding amounts. We will contact you and (where appropriate) the Client to tell you this. This does not affect our right to charge you interest, (as set out below under the clause title “Price and Payment”).

 

If there is a problem with the services

In the unlikely event that you have any concern regarding the Services provided by us or on our behalf:

  • please contact us and tell us as soon as reasonably possible; and
  • please give us a reasonable opportunity to remedy the issue.

As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

Price and Payment

The price of the Services will be set out on the Treatment Order. Our Fees will remain valid for a period of 28 days from when we send the Treatment Order to you.

Payment of Fees is due to us prior to commencement of the Services and any admission of the Client to the Treatment Centre. If we agree with you to extend the period of the provision of the Services, then any Additional Fees shall be payable not less than 24 hours prior to the commencement of the extension period.

If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Nat West Bank Plc 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.

Notwithstanding our right to charge interest pursuant to the clause above, if payment of our Fees or Additional Fees are not received then you and (where appropriate) the Client agree that the admission to the Treatment Centre and/or the commencement of the provision of the Services shall be cancelled or (at our option) postponed until payment has been received, and if the Client has already been admitted to the Treatment Centre then we may require the Client to immediately vacate the Treatment Centre.

 

Yours and the Client’s liability to Us

If you or the Client causes damage to our premises or to the Treatment Centre or any goods, fixtures, fittings, equipment or other chattels located at our premises or the Treatment Centre then you will reimburse us and indemnify us for any loss, claimed, damage, expense or other liability in respect of such damage.

 

Our Liability to You

We will take reasonable steps to ensure that the Treatment Centre and the provision of the Services are appropriate to the needs and requirements of the Client and that they are as described in the Treatment Order.

You and the Client accept that there is no guarantee for long term recovery or success. The Services that we offer will provide the Client with the tools required to maintain abstinence, but the Client must ensure that they continue with an appropriate aftercare programme following the provision of the Services.

To the fullest extent permitted by law we exclude any liability for loss or damage caused by our negligence, but which is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you, the Client and us at the time we entered into the Contract for the provision of the Services.

We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; and fraud or fraudulent misrepresentation.

 

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside our Control.

An Event Outside our Control means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside our Control takes place that affects the performance of our obligations under these Terms:

  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control. Where the Event Outside our Control affects our provision of Services to the Client, we will restart the Services as soon as reasonably possible after the Event Outside our Control is over.

You may cancel the contract if an Event Outside our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights below. We will only cancel the contract if the Event Outside our Control continues for longer than 2 weeks in accordance with our cancellation rights below.

 

Your rights to cancel and applicable refund

We agree that you have the right to cancel this Contract within 7 days of the date of this Contract as shown on the Treatment Order, provided that the Client has not been admitted to the Treatment Centre, other than the non-refundable deposit, which covers the costs of setting up the admission and holding a bed for the client. We will confirm your cancellation in writing to you.

However, if you cancel a Treatment Order after the Client has been admitted to a Treatment Centre or if the Client leaves a Treatment Centre during the continuance of the provision of Services then no refund will be due to you and you will remain liable to pay the Fee to us in accordance with these Terms.

If you have not entered into this Contract for the supply of Services at a face to face meeting with us (or with our employee, agent or subcontractor) and if on the Treatment Order it provides for the Services to commence sooner than the date being 7 days from the date of the Contract then you agree that you will not have a right to cancel the Contract for the provision of Services pursuant to the Consumer Regulations.

 

Our rights to cancel and applicable refund

We may have to cancel a Treatment Order before the Client’s admission into the Treatment Centre if the Treatment Centre is unable to accept the Client and provide the Services. In such circumstances, we shall use our reasonable endeavours to first agree with you and will promptly contact you if this happens.

If we have to cancel a Treatment Order and you have made any payment of our Fee in advance for Services that have not been provided to you, or the Client, we will refund these amounts to you.

If, once the Client has begun to receive the Services from us or our agents or subcontractors pursuant to the Treatment Order we are unable to continue to provide the Services at the Treatment Centre due to an Event Outside our Control (otherwise than due to your or (where appropriate) the Client’s breach of any these Terms) then we shall use our reasonable endeavours to arrange an alternative Treatment Centre to continue in the provision of the Services and you and the Client shall both act in good faith and acting reasonably in agreeing the alternative Treatment Centre. If we cannot agree such alternative Treatment Centre with you and (where appropriate) the Client then We may cancel this Contract and we shall refund to you a fair proportion of the Fee (and any Additional Fee) in respect of the Services that the Client shall not have received.

We may cancel this Contract and stop providing Services to the Client at any time with immediate effect by giving you written notice if:

  • you do not pay us when you are supposed to (as set out below under the title Price and Payment). This does not affect our right to charge you interest or
  • you or the Client breach these Terms in any other material way.

 

Information about us and how to contact us

Gladstones Clinic Limited incorporated and registered in England and Wales with company number 7607877 whose registered office is at Unit SC101, Stables Cottage, Ganarew, Trefynwy, NP25 3SR. If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our Operations Manager on 01453 890184 or via email on accounts@gladstonesclinic.com.

If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing you can send this to us by e-mail, by hand, or by pre-paid post to Gladstones Clinic Limited, Unit SC101, Stables Cottage, Ganarew, Trefynwy, NP25 3SR. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order.

 

How we may use your personal information

We will use the personal information that you and the Client provide to us to:

  • provide the Services;
  • process your payment for such Services; and
  • inform you about similar products or services that we and our agents or subcontractors provide, but you may stop receiving these at any time by contacting us.


You and the Client agree that we may pass your and the Client’s personal information to any of our agents or subcontractors to whom we may delegate any of our obligations pursuant to these Terms.

We will not give your personal data to any third party other than as provided in these Terms.

You and the Client agree that if you or the Client provide personal information to the Treatment Provider, our agents, subcontractors, or third parties, they may share such information where reasonably necessary in respect of managing or monitoring the Services, the Client’s conduct, and the Treatment Plan generally.

 

Other important terms

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

This contract is between you and us and the Client. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you or the Client perform any of the obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and the Client and will not mean that you or the Client do not have to comply with those obligations. If we do waive a default by you or the Client, we will only do so in writing, and that will not mean that we will automatically waive any later default by you or the Client.

These Terms are governed by English law. You, the Client, and we agree to submit to the non-exclusive jurisdiction of the English courts.

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