1.DEFINITIONS 2.MOORGATE ANDROLOGY’S OBLIGATIONS 3.FEE & PAYMENT TERMS 4.PATIENT RESCHEDULING POLICY 5.CANCELLATION & REFUND 6.PATIENT OBLIGATIONS 7.PATIENT AFTERCARE 8.COMPLAINT 9.CONFIDENTIALITY / DATA PROTECTION 10.ACCESS TO MEDICAL RECORDS 11.TRA
1.DEFINITIONS
CONFIRMED – A treatment can only be confirmed once a deposit has been received, this is normally 20% of the treatment fee.
DAYS – Where days are not stated as “working days” they are days of the normal 7 day-week including UK Bank or Public Holiday.
DEPOSIT – An agreed sum of monies used to reserve space on a treatment list, this is usually 20% of the procedure fee.
GENERAL MEDICAL COUNCIL (GMC) – Is a public body that maintains the official register of Medical Practitioners within the United Kingdom.
MOORGATE CLINICAL TEAM – A team of clinical and medically trained staff who review Patient situations and can approve clinical decisions should they deem appropriate.
CONSULTATION FEE – A fee paid for a consult with a doctor
PATIENT – Any person who has entered into a contract with Moorgate Andrology requesting a consultation for a treatment (including but not limited to the nursing care and administrative functions provided to the Patient by Moorgate Andrology employees only) with the outcome of the Procedure being the responsibility of the Surgeon or Doctor.
PATIENT INFORMATION – Information provided to Patients in accordance with the Independent Health Care Standards and in line with regulations set by the Care Quality Commission (CQC) and Health Inspectorate Wales (HIW) This could include:
- Brochures, leaflets, videos, emails, advice and any associated letters, and any other information provided online or offline. Moorgate Andrology do not take responsibility for manufacturer’s information but believes the information provided to be accurate at the time of delivery
- Procedural Summary (PS) – A summary of key dates, the Treatment, Surgeon/Doctor and agreed price
TREATMENT – Refers to the medical procedure to be carried out by the Surgeon/Doctor
SURGEON/DOCTOR – Means an independent Medical Practitioner who is registered with the General Medical Council to practice medicine within the United Kingdom and who holds a Practising Privileges Agreement to carry out the treatment with Moorgate Andrology at appropriate premises.
WEEK(S) – ‘Week’ refers to a period of seven (7) days and where several weeks are mentioned, the number of weeks should be multiplied by 7 to give the number of days.
WORKING DAY- Monday to Friday of any given week except for a UK Bank or Public Holiday.
2. MOORGATE’S OBLIGATIONS
2.1 Moorgate shall engage independent Surgeons and Medical Practitioners who:
- Are registered with the General Medical Council
- Hold the qualifications and experience required under Schedule 3 of the Health and Social Care Act (Regulated Activities) Regulations 2010
- Have been granted Practising Privileges at the Clinic or Hospital where they are to perform the treatment.
Surgeons and Medical Practitioners are engaged as independent contractors, and are professionally and legally liable for, and are directly accountable to the Patient for their own tortious acts and breach of contract. They are obliged to maintain private practice medical indemnity insurance with the Medical Defence Union, the Medical Protection Society or any other insurer that is appropriate in accordance with the GMC guidelines. Moorgate Andrology is not vicariously or in any other way liable for the acts, omissions or breach of contract by the independent Surgeon or Doctor; such liability remains at all times with the Surgeon or Doctor.
2.2 Moorgate Andrology shall engage an independent Surgeon or Medical Practitioner to perform the Procedure.
2.3 Provided that the Patient has complied with the obligations of this agreement, and at the discretion of the Surgeon or Medical Practitioner, Moorgate Andrology will engage the Surgeon or Doctor to provide Aftercare to the Patient.
2.4 Moorgate Andrology shall arrange for the Procedure to be carried out at a third-party owned private hospital or clinic registered with and regulated by the Care Quality Commission (CQC). The hospitals and clinics are engaged as independent contractors and are professionally and legally liable for and are directly accountable to the Patient for their own tortious acts and breach of contract. The hospitals and clinics are obliged to maintain medical indemnity insurance in accordance with CQC regulations. Moorgate Andrology is not vicariously or in any other way liable for the acts, omissions or breach of contract by the hospital/clinic and hospital/clinic staff. Such liability remains at all times with the hospital/clinic.
2.5 The treatment is a cosmetic procedure and so assessment of the results involves an element of subjectivity. Therefore, it is important that the patient understands that while their surgeon/ doctor will advise them as to the probable results, this should in no way be interpreted as a guarantee.
2.6 Moorgate Andrology cannot accept any responsibility or liability for any matter which may be within the professional or legal liability of the independent Surgeon or Doctor or the hospital/clinic and hospital/clinic staff.
2.7 Seek signed consent for medical photographs to be taken by a healthcare professional or patient co-ordinator for patient confidential medical record. I understand that Moorgate Andrology require signed consent for photographs to be taken by a healthcare professional for my confidential medical record. These include photographs of the treatment site and any distinguishing features, and will be taken pre-treatment and post-treatment. I understand that these photographs are taken to enable clinical assessments to be made. I further understand that my facial features may be included if my procedure is above the shoulders. I understand that if I decline to give this consent, then I may be refused a treatment. I also understand that if the Surgeon/doctor wants to use these photos for their own personal marketing, they will need to seek separate consent from me ahead of doing this.
2.8 Moorgate Andrology shall comply with the provisions under the General Data Protection Regulations (Regulation (EU) 2016/679), as will its independent Surgeons, Doctors and hospital who are registered with the Information Commissioner’s Office (ICO) as data controllers in their own right.
3. FEE & PAYMENT TERMS
Deposit – A deposit of 20% is required should you wish to schedule a date for your treatment.
Payment Terms – Payment in full will be required 21 days prior to your treatment date. Any failure to clear the balance in full in line with these terms and conditions may result in the treatment date being changed, or even cancelled.
3.1 THE TREATMENT FEE WILL COVER:
- a) Pre-treatment and post-treatment medical photographs taken by the Surgeon/ Doctor or patient co-ordinator. These form part of the Patient’s confidential medical record.
- b) The specific product you have chosen
- c) Moorgate Andrology aftercare, pursuant to this agreement.
- d) Surgeon/Doctor fees
3.2 THE PROCEDURE FEE WILL NOT COVER:
- a) Electrocardiogram examinations, Echocardiogram examinations, X-rays, Ultrasound scans (USS), MRI scans, Mammograms or any other diagnostic examinations. Any subsequent remedial treatment needed following examination results will not be covered.
- b) Any drugs which are not prescribed by the independent Surgeon/Doctor who has been given delegated authority.
- c) Any additional cost of further pre-treatment or post treatment blood tests.
- d) Any specialist referrals. These will incur additional costs.
- e) Any expenses relating to travel, accommodation and time off work for original treatment or revision treatment incurred by the Patient or chaperone.
- f) Any additional charges, where applicable, will be added to the treatment fee.
- g) The treatment fee does not cover any costs incurred for non-compliance or breaches of these terms and conditions; this includes additional aftercare resulting from said breach.
- h) Moorgate does not cover the cost of loss of earnings for a Patient or their chaperone/family.
- i) Moorgate does not cover the cost of prescriptions or antibiotics in the event of a post- treatment infection.
- j) Moorgate does not cover the cost of a Patient’s or their chaperone’s travel/accommodation/food, or any other related expenses in connection with both the original and/or the revision treatment. This applies even in the case of a Force Majeure; all costs need to be covered by the Patient and/or their chaperone/family.
3.3 TIMESCALES EXPLAINED:
- a) If the Patient fails to clear the balance in accordance with the earlier provisions of this Clause 3 headed “Payment Terms”, then Moorgate Andrology reserves the right to cancel or reschedule the treatment and charge or retain the cancellation/reschedule fee as defined in this document.
Please note, should a request be made which requires a change to these payment terms, then this could give rise to an administration charge being levied.
4. PATIENT RESCHEDULING POLICY & MISSED APPOINTMENT CHARGES
4.1 – Failure to provide 72 hours’ notice of non-attendance for non-clinical appointments, including video e-consultation appointments, will result in a missed appointment charge of £50, if you cancel within the 72 hour period no refund of the consultation fee that you have paid will be provided.
4.2 – Failure to provide 72 hours’ notice of non-attendance for clinical appointments (with surgeon or doctor) post treatment, including video e-consultation appointments, will result in a missed appointment charge of £50. Discretion will be applied for a missed initial clinical post-operative appointment should 72 hours’ notice not have been given, however, charges will apply for any subsequent missed appoints whereby 72 hours’ notice has not been given.
4.3 – If the Patient reserves a treatment date and the Patient decides to reschedule the Procedure date, an additional fee will be payable (the “Rescheduling Fee”) dependent on how much notice is provided as follows:
(a) Prior to attending the initial consultation with the operating Surgeon/Doctor: £0
(b) Within 5 weeks of the treatment date: £250 Administration fee
(c) Within 2 weeks of the treatment date: 25% of the procedure fee
The rescheduling fee shall be applied at Moorgate’s discretion pursuant to this clause.
4.4 – It is the sole decision of the Surgeon/Doctor as to whether the treatment takes place; if the treatment is postponed for medical reasons following the Surgeon/Doctor receiving information relating to the Patient’s past medical history which has not been disclosed by the Patient, the Patient will be subject to the fee outlined in 4.3
4.5 – Moorgate reserves the right to postpone the treatment in the interests of the safety and welfare of the Patient, other Patients or clinicians. Reasons may include failure by the Patient to follow advice given in line with clinical guidance which is provided by the Surgeon/Doctor or Moorgate Clinical Team and/or patient information documents. This includes but is not limited to the following example: - a Patient who does not comply with Moorgate or Surgeon instructions related to smoking or the use of nicotine products. In this instance the Patient will be subject to the fee outlined in 4.3
4.6 – Moorgate also reserves the right to postpone the Procedure in the interests of the safety and welfare of the Patient and/or other Patients or clinicians if the patient has COVID-19. This will result in the Procedure being postponed and the Patient being subject to the fee outlined in 4.3
4.7- In the event of a treatment being rescheduled as a result of following the advice of Moorgate’s Clinical Team, or under Force Majeure, which includes but is not limited to the example of the hospital/clinic facilities or the Surgeon/doctor becoming unavailable, the Patient agrees that no expenses in relation to travel, accommodation or time off work (for the Patient, chaperone or family member) will be recoverable from Moorgate Andrology.
4.8 – If the Patient reschedules a confirmed revision treatment, the rescheduling fee outlined in 4.3 above will apply in order for Moorgate Andrology to cover the losses incurred relating to the treatment space.
5. CANCELLATION & REFUND
Treatments can be cancelled by either the Patient or Moorgate Andrology for a variety of reasons. This section aims to explain the consequences of a cancellation.
- A) To exercise the right to cancel you must inform us, Moorgate Andrology, 10 Harley Street, London, W1G 9PF - telephone 0333 009 8619– email support@mmspatientservices.co.uk, of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or email).
Moorgate Andrology Cancellation Reasons:
5.1 Moorgate reserves the right to cancel the treatment for a variety of reasons including being in the interests of patient safety and welfare, along with a failure by the Patient to follow the advice given by the Moorgate Clinical Team, the Surgeon/Doctor, or contained within the Patient Information Guides provided.
- a) The Patient shall comply with all pre-treatment instructions provided by Moorgate; failure to do so will result in cancellation.
- b) Moorgate reserves the right to cancel the treatment or the provision of post-treatment aftercare appointments should the Patient or their chaperone/family member display abusive behaviour towards Moorgate staff, Surgeons, Doctors, hospital/clinic staff or any other person
- c) Moorgate reserves the right to cancel the treatment should the Surgeon/Doctor not feel comfortable carrying out the treatment on the Patient due to the Patient displaying an unusual degree of nervousness, unusual behaviour and/or obvious uncertainty.
- d) If the Patient is found to be medically unsuitable for the treatment, or that information has come to light putting the Patient’s suitability in doubt, and it transpires that medical information was known by the Patient but undisclosed to Moorgate, then the Procedure will be cancelled.
- e) The Patient will incur the following fees if the procedure is cancelled for any reason set out above:
(i)Prior to attending the initial consultation with the Surgeon/Doctor: £0 fee
(ii) Within 5 weeks of the treatment date: 25% of the procedure fee
(iii)Within 2 weeks of the treatment date: 50% of the Procedure fee
5.2 In the event of the Procedure being cancelled for any of the reasons above or under Force Majeure, including but not limited to the hospital/clinic facilities or the Surgeon/doctor becoming unavailable, the Patient agrees that no expenses in relation to travel, accommodation or time off work will be recoverable from Moorgate for the patient, chaperone, family member, or any other person.
Patient Cancellation
5.3 The Patient will incur the following fees if the treatment is cancelled by the Patient:
(i)Prior to attending the initial consultation with the Surgeon/Doctor: £0 fee
(ii) Within 5 weeks of the treatment date: 25% of the procedure fee
(iii)Within 2 weeks of the treatment date: 50% of the Procedure fee
Refund Process
5.4 Any refund must be approved by Moorgate Andrology Headquarters to ensure that it falls in line with these Terms and Conditions. Once approved, a refund will normally be paid within 90 working days. The refund will be paid into the account details that you provide us with on your refund letter.
6. PATIENT OBLIGATIONS
- Must provide photo identification (ID) proving the Patient to be at least 18 years old for any clinical consultation or treatment. The Patient must provide this prior to attending their consultation or reserving a treatment date.
- Shall sign all paperwork provided by Moorgate.
- To understand that it is the sole decision of the Surgeon/Doctor as to whether or not a treatment can or should be carried out.
- Shall provide to Moorgate, the Surgeon/Doctor or any member of the Healthcare Team a full health history* to the best of their knowledge. The Patient further understands that withholding medical information could put their health at risk, and that if this is later identified, the treatment will be cancelled. This will be subject to a Cancellation fee as detailed. Moorgate shall not be responsible for any additional aftercare required in these circumstances and shall charge any additional costs to the patient. *Includes details of past and current use of recreational drugs which include the following:
- Class A drugs, e.g., Cocaine, crack cocaine, ecstasy (MDMA), heroin, LSD, magic mushrooms, methadone, methamphetamine (crystal meth)
- Class B drugs, e.g., Amphetamines, barbiturates, cannabis, codeine, ketamine, methylphenidate (Ritalin), synthetic cannabinoids, synthetic cathinones (for example mephedrone, methoxetamine)
- Class C drugs, e.g., Anabolic steroids, benzodiazepines (diazepam), gamma hydroxybutyrate (GHB), gamma-butyrolactone (GBL), piperazines (BZP), khat
Please note: these lists are not exhaustive
- Patients who are currently smoking or use tobacco or nicotine products (patch, gum, or nasal spray) must refrain from smoking at least 4 weeks (or longer) before treatment and until your Surgeon/doctor states it is safe to return. You must inform your Surgeon/doctor if you continue to smoke within this time frame, and understand that for your safety, the treatment may be delayed. Any requirement to postpone or cancel a treatment due to non-compliance with instructions given to you regarding smoking will be subject to the rescheduling fee or cancellation fee.
- Shall notify Moorgate immediately if a change occurs to their previously disclosed medical history, health or wellbeing, such as weight gain, change in medication dosage, etc.
- Shall notify Moorgate immediately if at any stage of their Patient Journey with Moorgate they suffer the symptoms of or test positive for COVID 19.
- Shall be responsible for reading and making sure that they understand any Patient Information provided in relation to their treatment ahead of the treatment.
- Shall comply with all pre and post-treatment instructions provided by Moorgate, Moorgate’s Clinical Team, and the Surgeon/Doctor. Failure to do so may affect the Patient’s aftercare and result in it becoming void.
- Shall ensure that any invoices and/or outstanding monies are paid 21 days prior to their treatment date.
- Shall notify Moorgate immediately they are charged with any offence which may result in their receiving a custodial sentence. No medical treatment or aftercare can be provided by Moorgate to any patient who is in custody.
- PATIENT AFTERCARE
Moorgate Andrology’s Aftercare Policy has been designed to ensure that the outcome, health, wellbeing and successful recovery are realised. Failure to adhere to this policy could put the patient’s health at risk and/or affect the outcomes.
- All Patients must attend post-treatment appointments set by Moorgate Andrology’s Clinical Team and follow advice and guidance set out in the Patient Information provided by the Moorgate Andrology Clinical Team.
- No expenses in relation to travel, accommodation or time off work will be recoverable from Moorgate Andrology for the patient, chaperone, family member, or any other person.
- Failure to attend two consecutively scheduled post-treatment appointments will result in Moorgate Andrology being no longer obliged to offer further appointments and thus voiding the aftercare
- Any changes in appearance that have been affected by changes in lifestyle, weight fluctuation, illness, or the natural ageing process (all of which influence the original results of the surgery/ treatment) will prevent Moorgate Andrology from providing to the Patient free aftercare.
- If the Patient’s Surgeon/Doctor decides that the results of the Procedure fall within the acceptable normal limits of the treatment then further treatments will be payable by the patient.
- To protect patient wellbeing, we update our clinical criteria from time to time. This could affect such things as safe body mass limits, mental health status, medical conditions such as diabetes, heart conditions and the effects of medication. In these circumstances, a Procedure could be prevented from taking place.
- Treatments to dissolve lumps and bumps are a separate treatment therefore this is a chargeable procedure.
- If additional filler is required to correct asymmetry or hyperabsorption of the filler then this will be chargeable at the normal filler rate.
- COMPLAINTS
- In the event that the Patient is unhappy with the service provided, the complaint should be made as soon as possible to the Patient Co-ordinator or the Registered Manager, verbally or in writing.
- If the Patient has concerns regarding service or results and fails to resolve these at the Moorgate Andrology Clinic level, and would like their complaint formally investigated by a member of the team independent of the Moorgate Andrology Clinic, they should submit their complaint in writing to support@mmspatientservices.co.uk Subject - COMPLAINT
- Complaints should be made as soon as reasonably practicable, or within 6 months of the incident of concern to ensure the realistic opportunity of conducting a fair and effective investigation. Moorgate Andrology reserve the right to decline a complaint made after this timeframe unless there is a valid reason as to why the complaint was not made sooner.
- If any complaint is received from a third party of a Patient, written permission will be sought from the Patient before this complaint is acknowledged and investigated.
- CONFIDENTIALITY / DATA PROTECTION
- Moorgate Andrology is registered with the Information Commissioner’s Office. At Moorgate Andrology, we are committed to protecting our patient’s personal information and confidentiality, and we take all reasonable measures to ensure the confidentiality and security of personal data for which we are responsible. Moorgate Andrology complies with UK law accordingly implemented, including that required by the General Data Protection Regulations (Regulation (EU) 2016/679).
- ACCESS TO MEDICAL RECORDS
- If the Patient requests to view their medical records and/or photographs at a Moorgate Andrology clinic, a Surgeon/Doctor, or a member of the Moorgate Andrology Clinical Team must be present. This must be arranged by prior appointment.
- The Patient has the right to access any of their personal data that is being held by Moorgate Andrology. A copy of the Patient’s medical records or photographs may be requested by writing to the Registered Manager of the Clinic. Moorgate Andrology will respond within 30 Calendar days of receipt of the request. Full details are contained in Moorgate Andrology’s Medical Records and Data Protection Policy, a copy of which is available from the Registered Manager.
- The patients will need to sign a Release of Medical Records/Photographs form ahead of their notes being prepared; ID must be provided before the patient’s medical records are available for collection.
- TRANSFER OF BUSINESS
- If Moorgate Andrology shall merge with another business or transfer all or substantially all of its business to a partnership, a limited liability partnership, or a company, the Patient agrees that Moorgate Andrology may transfer to the successor enterprise the performance of its services and benefit and obligations arising pursuant to these terms and conditions on substantially the same terms (so far as is applicable).
- FORCE MAJEURE
- Moorgate Andrology shall not be liable for any delay or failure in the performance of any obligation under this agreement caused by circumstances beyond the reasonable control of Moorgate Andrology or other person to perform the obligation. Without limitation such circumstances may include acts of nature, natural disasters, utilities breakdown, malfunction of equipment and such person may include a Surgeon or other Medical Practitioner.
- LEGAL JURISDICTION
- The laws of England and Wales shall govern this contract and their courts shall have exclusive jurisdiction.
Please note that should a request be made which requires a change to these Terms and Conditions, then this could give rise to an administration charge being levied.