The Maxwell Practice Terms & Conditions

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This website is an official website of The Maxwell Practice Ltd (“we” or “us”).

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Please read these Terms and Conditions carefully before using our services. They tell you information about us and the legal terms and conditions (“Conditions”) on which we provide our private general practice services and other health services (“Services”) to patients (“you”), whether you are a member of The Maxwell Practice (“Member”) or whether you are a non-Member.

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We recommend that you print a copy of these for future reference.

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By using our services, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use our services.

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THE MAXWELL PRACTICE IS NOT AN EMERGENCY SERVICE AND, FOR ANY CONDITION THAT IS A MEDICAL EMERGENCY, 999 SHOULD ALWAYS BE CALLED IN THE FIRST INSTANCE.

Medical emergencies can include (but the following is not an exhaustive list):

• loss of consciousness;

• an acute confused state;

• fits that are not stopping;

• persistent, severe chest pain;

• breathing difficulties;

• severe bleeding that cannot be stopped;

• severe allergic reactions; and

• severe burns or scalds.

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1 Information about us

1.1 We are The Maxwell Practice Ltd, a company registered in England and Wales under company number 14688237 and with our registered office at 71-75 Shelton Street, Covent Garden, London, WC2H9JQ(“we” “us” “our”).

1.2 We are regulated by the Care Quality Commission (the “CQC”). The CQC monitors, inspects and regulates health and social care services. For more details on what this means for you, click here https://www.cqc.org.uk/

1.3 We subscribe to the GMC standards of good practice, which can be found at https://www.gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/good-medical-practice

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2 Our Doctors

2.1 All of our doctors (“Doctors”) are registered with the General Medical Council and the Care Quality Commission, additionally holding valid licences to practice as GPs. We are subject to annual appraisal, and adhere to the process of continuing medical education and revalidation as set out by the General Medical Council. All Doctors hold appropriate valid medical malpractice indemnity insurance with approved UK medical defence organisations.

2.2 All Doctors who have signed up to provide prescriptions through the Services have undertaken to comply with the General Medical Council Guidelines on remote prescribing, essential standards of quality and safety as enforced by the Care Quality Commission and copies of these can be found at https://www.gmc-uk.org/ and http://www.cqc.org.uk.

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3 Our Services

3.1 We  provide medical services to patients as a general practice clinic.

3.2 We operate outside of the National Health Service and receive no government funding.

3.3 We charge a fee for our services.

3.4 Our Services include in-clinic, telephone, email, or video consultations and home visits (in the territories set out in clause 3.6) as more fully described on our website at www.themaxwellpractice.com and subject to our fair use terms described under clause 5.2.

3.5 We will supply courses of medicines and prescriptions where required, liaise closely with other health care workers and services, and provide referrals as necessary.

3.6 Our Services are provided in the following territories: Henley-on-Thames and surrounding areas within 5 miles of Henley-on-Thames.

 

4 Appointments

4.1 You can book an appointment via our website or by calling 01491 313131. You may only book an appointment if you are at least 18 years old and possess the legal right and ability for themselves or any child of whom you are a parent or legal guardian to agree to these Conditions. We will confirm our acceptance of your appointment request by sending you an e-mail that confirms the appointment details. A contract will only be formed between us and you when we send this confirmation email. It is your responsibility to ensure that the patient details provided for the appointment are accurate and up-to-date.

4.2 We do not guarantee the availability of any particular Doctor at any particular time. We will do what we can to arrange a consultation with a Doctor as soon as possible, but do not guarantee to offer consultations within a particular time. Clinic appointments shall be limited to the time slot selected at the time of booking the appointment.

4.3 For home visit services, we are unable to provide a chaperone service for any examinations, and as such we reserve the right to decline assessments that may be perceived to place our medical staff at risk. We do not therefore offer routine obstetric care or gynaecological examinations as part of our Service, although we are happy to advise on further appropriate management.

4.4 If you are under the age of 18, then we may require you to be accompanied by a parent or guardian at the time of our medical assessment.

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5 Fees and payment

5.1  Full details of our fees are available on our website.

5.2  In booking a consultation with a medical practitioner, you agree to pay for that practitioner’s time regardless of the outcome of the consultation.

5.3  Fees for any Services, shall be as set out on our website or as notified to you at the time of booking. We will require payment of any fees upfront before the provision of any Services to you.

5.4  If your payment is not received by us in accordance with these terms and conditions, we may charge interest on any balance outstanding at the rate of 4 (four) percentage points per year above the Barclay’s Bank PLC base rate.

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6  Membership

6.1 Members are patients who have a paid monthly subscription to the practice. They may be individual, family or corporate members.

6.2  Becoming a member

6.2.1    Patients, lead family members or corporations must complete an application form to apply for membership.

6.2.2    We have the right to decline a membership application for any reason. This could include if we feel the patient has a complex medical history or condition that would be better managed by another healthcare professional.

6.2.3    If we decline an application, we will refund any joining or membership fees  already paid.

6.2.4    Our Service will commence when we have accepted an application and received the joining fee and direct debit mandate.

6.3  Fees

6.3.1    Full details of our membership fees are available on our website.

6.3.2    The subscription rates are reviewed periodically, and members will be informed in writing of any changes before they are implemented.

6.3.3    Membership fees will not be increased within the first 12 months of a membership.

6.3.4    Family members must be relatives living at the same address.

6.3.5    Corporate members must be employees of the client company or immediate family members living in the same household as an employee of the client company.

6.4  Membership Services

6.4.1    Included in the membership fee is unrestricted access to in-clinic or telephone/video consultation appointments, subject to fair usage.

6.4.2    Fair usage: Where we (in our reasonable opinion) believe that a patient's use of the Services in any month is excessive, we shall notify the patient/lead family member/corporation of the same and we may amend the membership fee structure accordingly to reflect excessive usage of the Services.

6.4.3    Included in the membership is the writing of private prescriptions and referral letters.

6.4.4    Any additional services will be chargeable and must be paid for in advance. You will be informed of any additional costs prior to incurring the same. 

6.5  Membership cancellation

6.5.1    Within the first 14 days of your membership, you may cancel your agreement with us, providing you have not used any of our services, and we will refund your fees paid within 14 days from the day on which we receive your cancellation notice. 

6.5.2    Membership payments may not be cancelled within the first 12 months.

6.5.3    After the first 12 months, you may cancel your membership by notifying us in writing.

6.5.4    We may cancel our membership scheme at any time.

6.5.5    In the event of continued inappropriate usage of our Service by an individual, we reserve the right to immediately cancel membership benefits in order to protect the care provided to all other members.

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7   Your obligations

7.1  We can only provide the Services in accordance with these Conditions if you provide us with the information we need in order to help you. Any information you give to us or to a Doctor, must be accurate and in English.

7.2  You agree that you shall:

 

• follow any instructions regarding the use of any medicines or healthcare products we recommend or prescribe (including in respect of use-by dates);

• report any adverse or unexpected effects of treatments we recommend to us; and

• tell us if any of our information about you is or becomes inaccurate or incomplete.

 

8 Privacy

8.1  We are registered with the Information Commissioner’s Office and adhere to the requirements of all applicable data protection legislation, including the Data Protection Act 2018 and the General Data Protection Regulation ((EU) 2016/679).

8.2  By using our Services as a member or non-member, you agree to the processing of personal data to enable us to carry out work on your behalf. We will not disclose personal data to any third party without your express consent, unless in a medical emergency where it may be deemed in your best interest. In such cases, we stringently adhere to published General Medical Council guidance on the use of personal data.

8.3  All clinical records are fully encrypted and stored on secure servers conforming to industry standards. For further information, please see our privacy policy which can be found on our website.

 

9  Medications dispensed

9.1  Any prescriptions given will have to be taken to the pharmacy of your choice and dispensed on a private fee paying basis independently of NHS prescription cost. You understand that the cost of the medication is unique to the fulfilling pharmacy is not influenced in any way by us or our Services. Furthermore, we and the Doctors are not responsible for the dispensing or cost of any medication. You agree that the dispensing of the medication remains the responsibility of the individual pharmacist.

9.2 Our Service is not a prescription fulfilment service. Only after a consultation booked in accordance with clause 4 will a medication be prescribed by mutual agreement being reached between you and the Doctor under circumstances that are appropriate, legal and responsible. The final issuing of a prescription is at the sole discretion of the Doctor.

9.3 You understand, accept and agree that any prescription given to you is solely for personal use. If you lose a prescription, a copy may be reissued by the Doctor and may be subject to an additional cost. You accept that the Doctor has the right to refuse to issue a copy of the prescription should it be deemed inappropriate. You must keep any medicines securely and do not allow others (especially children) to use them.

 

10 NHS GP

10.1 With your consent, we will share your medical notes with your NHS Doctor.

10.2  You understand that no third party (including your NHS GP) is under any obligation to action any instruction or recommendation provided by a Doctor.

 

11  Further investigations

11.1    In order to formulate a diagnosis and treatment plan it may be necessary for the Doctor to advise further investigations. You understand that any investigation initiated by the Doctor will be on a private and fee paying basis. An investigation may be, for example,  a blood test, urine test, swab, X-ray or ultrasound. You understand that for investigations performed by us, we will require payment upfront. You understand that for investigations performed by other healthcare providers, the costs will be payable directly to them. Once the investigation is performed, it is solely your responsibility to follow up the result with the Doctor at a mutually convenient time using an appropriate and secure form of communication. This, in most cases, will be a face-to-face or telephone follow-up appointment, which will be chargeable for non-members.

11.2   You are not obliged to pay for any further investigation, however, by not performing an investigation that is advised by a Doctor, you agree to hold us and the Doctor completely free of liability under every circumstance arising from the initial consultation.

11.3   In the circumstance that further investigations are advised by the Doctor but you are unable to or do not wish to pay, you are advised to see your NHS GP for consultation. You are aware that your NHS GP is under no obligation whatsoever to fulfil any investigation advised by a Doctor.

 

12  Further treatment

12.1   A Doctor may refer you to a specialist directly on a private fee paying basis and if you have private health care insurance this may be covered under your policy. It is your responsibility to check with your private insurance whether the cost of further referral and investigation is covered under your policy. If you do not have private insurance, you can still be referred to a specialist on a private self-pay basis only. You will be solely responsible for arranging your private appointment with any specialist for further treatment.

12.2  You are not obliged to pay or use health insurance but you understand and accept that in the event that a specialist referral is advised and you do not want to seek private further care, you agree to hold us and the Doctor completely free of any liability under every circumstance relating to your initial consultation.

12.3  In the circumstance that onward referral is advised by the Doctor but you are unable to or do not wish to pay, you are advised to see your NHS GP for consultation. You are aware that your NHS GP is under no obligation whatsoever to fulfil any referral or any element of a treatment advised by a Doctor you have seen using our Services.

12.4  In some circumstances the Doctor will advise a follow-up with themselves to monitor response to treatment or convey the results of investigation. You understand that you are not obliged to have this follow-up, however, by not doing so, you hold us and the Doctor completely free of liability for any circumstance arising from the initial consultation.

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13 Cancelled or missed appointments

13.1 If you will not make your appointment, please inform us at the earliest possible moment by phoning 01491 313131.

13.2 You must give at least 24 hours’ notice to move or cancel an appointment. We will not refund fees pre-paid if appointments are cancelled or changed with less than 24 hours’ notice.  Members will be charged a £40 missed appointment fee if they cancel with less than 24 hours’ notice.

13.3 If you are late for an appointment, the doctor is not obliged to see you and you could lose your appointment time and forfeit any fee you have paid for the appointment. Members will be charged a £40 missed appointment fee if they arrive over 10 minutes late and the doctor is unable to see them. If you arrive late, and the doctor, at his or her discretion, is able to see you, your appointment will be shortened to complete at its original finish time.

13.4 You accept that due to the nature of general practice, we, and the Doctors registered with our practice, do not guarantee that an appointment will necessarily be kept at the exact time stipulated as the booked appointment, and there can potentially be a wait time.

13.5 Without limiting its other rights or remedies, a Doctor may cancel an appointment by giving you 24 hours’ notice which may be via phone or sent via email, a SMS text message to the mobile phone number supplied by you.

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14 Refusing treatment or advice

14.1 We reserve the right to refuse treatment or advice when:

 

• any outstanding charges have not been paid

• in our reasonable opinion, the giving of service would involve any breach of the law

• we reasonably consider that you or anyone accompanying you, is behaving or has behaved in an abusive or threatening manner to any of our employees or agents

 

15 Limitation of liability

15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services we supplied.

15.3 We are not liable for business losses. We only supply our services for private use. If you use our services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.4 We are not liable for any indirect or consequential losses. To the extent permitted by law, wehereby expressly exclude:

 

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

• Any liability for any direct, indirect or consequential (meaning circumstances which were not within our reasonable knowledge when you made the appointment) loss or damage incurred in any circumstances including but not limited to:

  • any issues experienced in relation to making an appointment;

  • non-availability of the services for any reason including but not limited to technology issues;

  • your failure to follow instructions provided to you in relation to requirements in advance of your appointment, such as fasting;

  • your failure to act upon our advice if we recommend that you seek medical advice or attention;

  • your failure to attend your scheduled appointment; or

  • any other loss or damage that is not foreseeable.

15.5 Our total liability to you resulting from any scheduled appointment is limited to the total value that you paid to us in respect of such scheduled appointment.

15.6 You accept that it is your responsibility to ensure that the patient details provided for your consultation are accurate and up-to-date. We and the Doctors engaged through our Services hold no responsibility for incorrect medication prescribed due to inaccurate information provided by you.

 

16 Other limits on our Services

16.1 Doctors may hold different clinical opinions on the same medical condition or symptoms and, provided these opinions are reasonably held, the fact that two or more Doctors give different opinions in the course of Service provision does not necessarily indicate that our Services are defective.

16.2 We do not tolerate abuse or offensive behaviour towards Doctors or any staff.

16.3 Our Doctors speak English. Our Services are not delivered in other languages.

16.4 Any laboratory test is sent to one of our partner laboratories. The partner laboratories are separate entities from us and to the extent permitted by law we disclaim any liability for any acts or omissions of the partner laboratories.

16.5 We may need to ask you for certain personal information in order to provide our Services. If you do not provide this information when requested, we may be unable to provide our Services.

16.6 We may suspend your access to Services or terminate your membership with usif your use of Services breaches any of these Conditions.

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17 Events outside our control

17.1 For the purposes of these Conditions, an Event Outside Our Control means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party), failure of a utility service or transport network, epidemic, pandemic, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

17.2 We shall not be liable to you as a result of any delay or failure to perform any of its obligations under these Conditions as a result of an Event Outside our Control.

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18 Feedback and Complaints

18.1 If you have any feedback, questions or complaints about the services we provide, please contact us on 01491 313131 or email us at admin@themaxwellpractice.com or speak to one of our reception team.

18.2 Please see our Complaints Procedure on our website.

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19 Other important terms

19.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

19.2 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.

19.3 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, the remaining clauses will remain in full force and effect.

19.4 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, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not make a payment when due and we do not chase you but we continue to provide the services in question, we can still require you to make the payment at a later date.

19.5 These terms are governed by English law and you can bring legal proceedings in respect of the services in question in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in question 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 question in either the Northern Irish or the English courts.