PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Last updated: 20-May-18

These terms (together with the documents referred to in them) tell you the rules for using our website at https://heartscan.co.uk/ (our “site”), including any subdomains such as https://screening.heartscan.co.uk/.

By using our site, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

These terms contain information about:

• the two types of service we provide, screening and diagnostic, in section 1 and section 2
• HeartScan Limited, in section 3
• changes to these terms, in section 4
• changes to this site, in section 5
• access to this site, in section 6
• intellectual property rights, in section 7
• privacy and data protection, in section 8
• reliance on the site content, in section 9
• risks of viruses, in section 10
• links to and from the site, in section 11
• limitations on our liability, in section 12
• agreements with us, in section 13
• the applicable law to this site, in section 14
• our contact details, in section 15

Our screening services are designed to detect certain undiagnosed heart conditions that can lead to sudden cardiac death in people between the ages of 14 and 35 years. You will need to complete a medical questionnaire as fully and accurately as possible. We will then carry out an electrocardiogram (“ECG”) which takes approximately 5-10 minutes and an echocardiogram (“echo”) which lasts approximately 30 minutes.

Screening is not perfect and can have negative consequences – please note in particular that:

• there are heart conditions that screening cannot detect, including those conditions which are more common in older people, such as coronary artery disease
• screening results may not be 100% accurate and there is a possibility that they indicate:
  • that you do not (or are not likely to have) a heart disease, condition or abnormality when you do have one (a false negative); false negatives therefore provide false reassurances, or
  • that you do (or are likely to have) a specific heart disease, condition or abnormality when you do not have one (a false positive)
• a clear result (i.e. indicating that you do not have any heart disease, heart condition or abnormality) does not mean that you will not develop any heart disease, heart condition or abnormality in the future; if you develop symptoms that cause concern you should always seek medical advice from your GP
• sometimes changes in heart function can be caused by normal body adaptive functions (physiology) as well as disease (pathology); if that happens in your case, we will do our best to distinguish between changes caused by your normal body functions and those caused by disease but it may not be possible to do so
• if screening does identify an underlying heart condition, that can have serious implications for your employment prospects, life assurance/insurance and mortgage applications.

Please note that we do not provide further tests or other courses of action that we may recommend as the result of screening, nor do we arrange them for you.

Please read our patient information leaflet for further details. It is included in our terms and conditions that we will send to you in advance of your appointment.

If you have any questions about our screening services, please contact us to arrange a confidential discussion.

As well as providing screening services, HeartScan takes diagnostic referrals from other doctors for private echo and ECG. Please see the private echocardiography page on our site here for further information about our diagnostic services.

www.heartscan.co.uk is a site operated by HeartScan Limited (“HeartScan” or “we”). We are registered in England and Wales under company number 08999669 and have our registered office at 28 Mulgrave Terrace, Gateshead, Tyne and Wear, NE8 1PQ. Our main clinics are held at The Osborne Clinic, 22 Osborne Avenue, Jesmond, Newcastle upon Tyne, NE2 1JQ.

Our email address is info@heartscan.co.uk and our telephone number is 0191 646 1066, and fax number 0191 247 5885.

We are not registered for VAT.

HeartScan is registered with various third party organisations. Please see below.

CQC

We are registered with the Care Quality Commission (“CQC”) for diagnostic and screening procedures. The CQC is the national independent regulator of all health and social care services in England. Their address is CQC National Customer Service Centre, Citygate, Gallowgate, Newcastle upon Tyne NE1 4PA. Telephone: 03000 61 61 61, fax 03000 616171 website www.cqc.org.uk.

Our CQC registration number is 1-1612864961. Our registration information can be found here: http://www.cqc.org.uk/provider/1-1612864961.

The fundamental standards, below which your care must never fall, may be found on the CQC website here: http://www.cqc.org.uk/what-we-do/how-we-do-our-job/fundamental-standards. The CQC’s guidance to healthcare providers may be found here: http://www.cqc.org.uk/guidance-providers.

GMC

Antoinette Kenny is a doctor (a “registered medical practitioner”) with a specialism in cardiology who is responsible for HeartScan’s diagnostic and screening procedures. She is regulated by the General Medical Council in England, website www.gmc-uk.org. Her GMC reference number is 3269828.

Doctors must follow the standards and principles set out in the GMC’s “Good medical practice” and its supporting guidance, which may be found here: http://www.gmc-uk.org/guidance/index.asp. The GMC’s guide for patients “What to expect from your doctor” may be found here: www.gmc-uk.org/guidance/patients.asp.

British Society of Echocardiography

An echo is performed by a specially trained technician (cardiac physiologist) or a doctor who specialises in echocardiography.

HeartScan is accredited by the British Society of Echocardiography, website http://www.bsecho.org/home/. You can find our accreditation by going to the accreditation page here: http://www.accredityourdepartment.org/ and clicking on the “accredited departments” list.

You can find the personal accreditations of our cardiac physiologists and doctors by going to the accreditation page here: http://www.bsecho.org/accreditation/types-of-accreditation and clicking on the related link, “accredited members list”, which will take you to http://www.bsecho.org/accreditation/accredited-members-list/. From there, search for the name of the HeartScan doctor or cardiac physiologist.

Information Commissioner

HeartScan is entered in the Information Commissioner’s register of data controllers, which is available at https://ico.org.uk. Our registration number is ZA071423.

We may change these terms from time to time.

Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may update and change our site from time to time, and may change the content at any time.

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our site for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for making sure that everyone who accesses our site through your internet connection is aware of these terms and complies with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any pages from our site for personal use and may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Contact forms

We collect personal information through the site if you complete a contact form on the site.

Please ensure that all personal information you provide is accurate.

We recommend that you do not send us any confidential information through the contact form or by email. Please call us, write to us or send us a fax instead.

We will use your personal information for the purpose of contacting you. We may then ask for further information, answer queries and/or arrange an appointment. In other words, this is all to take steps at your request to enter into a contract with you. We will only disclose your personal information to your GP or other third party with your explicit consent, unless otherwise required or permitted by law.

Our other use of your personal information for medical purposes will be on the basis of being necessary for medical diagnosis and the management of healthcare systems under a contract with HeartScan.

We will keep your personal information in the UK and/or in the European Economic Area..

Where you provide your consent to our use of your personal information for particular purposes, you may withdraw that consent at any time.

To exercise your right to object or to withdraw consent, please contact us. You may either complete the contact form again and select the “Data protection rights” option (we will then get in touch), write to us, send us a fax or call us.

Screening or testing services

If you choose to use our screening or testing services, please read the registration form and accompanying terms and conditions and any information leaflet that describe how we will use and share your personal information for our professional purposes. You may withdraw your consent at any time. Please contact us to do that (see above for details).

For further information, please see our Privacy and cookie notice.

Cookies

Our cookie notice here  https://heartscan.co.uk/cookie-policy/ describes the cookies and other tracking technologies used on the site to collect your personal information. To give or withdraw your consent, please adjust your browser settings. The cookie notice has further details.

The content on our site is provided for general information only. It is not intended to amount to advice on which you or anyone else should rely. Professional or specialist advice must be obtained before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to content on the site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack or man-in-the-middle attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may only link to our home page with our permission. If we do grant permission, you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not:

• establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists
• establish a link to our site in any website that is not owned by you
• frame our site on any other site, and/or
• create a link to any part of our site other than the home page.

We may withdraw any linking permission we grant at any time.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Whether you are a consumer or a business user:

• 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 and for fraud or fraudulent misrepresentation.

• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you. Those limits and exclusions will be set out in a separate agreement between us. Please see the next section.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site, or
• use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue
• business interruption
• loss of anticipated savings
• loss of business opportunity, goodwill or reputation, or
• any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Any agreement for us to provide diagnostic or screening services to you will be based on terms and conditions (including a patient information leaflet for screening) which we will send to you in advance of your appointment.

If you are a consumer, you will need to attend The Osborne Clinic to sign the agreement.

If you are a business, we will make arrangements with you for signature. The individuals who are to be screened under your agreement must each sign a consent form.

The agreement will set out the appointment date and time.

The price for the screening services will be set out in the agreement. We are not registered for VAT so no VAT is payable. Payment must be made at the screening appointment, unless you have health insurance in which case payment must be made as set out in clause 4.3 of the agreement.

Your rights to cancel the agreement are set out in clause 9. You must give us at least 24 hours’ notice to cancel the appointment. Please note that, in exceptional circumstances and where we reasonably consider that it would be unquestionably fair and reasonable to do so, we may charge up to 25% of the fee if we cannot offer the cancelled appointment to someone else or reduce our loss in some other way. Where the issue is repeated cancellations, we will normally warn you before we impose a charge.

Please contact us directly regarding any complaints. You can find our complaints procedure on our site here. We will deal with any complaint as a priority. You can also contact the CQC (please see section 3 above (Information about us) for details). They cannot normally take up the complaint but would like to know that you have made one.

If you are a consumer, please note that these terms, their subject matter and formation of the contract between us, are governed by English law. This means that any dispute or claim arising out of or in connection with these terms will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. That means that if you are a resident of Northern Ireland, either of us can also bring proceedings in Northern Ireland, and if you are a resident of Scotland, either of us can bring proceedings in Scotland.

If you are a business, these terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation of the contract between us (and also any non-contractual disputes or claims) will be governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.

To contact us, please email info@heartscan.co.uk or use our other contact details in section 3 (Information about us). We recommend that you do not send us any confidential information through the contact form or by email. Please call us, write to us or send us a fax instead.

Thank you for visiting our site.