TERMS AND CONDITIONS OF TOTALLY HEALTH LIMITED FOR THE SUPPLY OF SERVICES - My Clinical Coach

Terms and Conditions

1. These Terms

1.1 What these terms cover. We supply telephone health coaching consultation services (“Services”), of which a full list and description can be found on our website. These are the terms and conditions on which we will supply the Services to you, as part of the option you have selected or what we have advised is the best option for your individual circumstances.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. 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.

2. Information About Us and How to Contact Us

2.1 Who we are. We are My Clinical Coach (part of Totally PLC) a company registered in England and Wales. Our company registration number is 10066573 and our registered office is at Hamilton House, Mabledon Place, London, WC1H. Our registered VAT number is 749723004.

2.2 How to contact us. You can contact us by telephoning our customer service team at 0333 004 0043 or by writing to us at info@myclinicalcoach.com and City View House, 5 Union St, Manchester M12 4JD or by completing our Contact Us Form on our website at http://www.myclinicalcoach.com/contact/contact.aspx.

2.3 How we may contact you. 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 when you subscribed to My Clinical Coach.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our Contract with You

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Services.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We currently only sell to UK citizens from any address in the world. Our website is solely for the promotion of our Services in the UK and abroad.

4. Your Rights to Make Changes If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7- Your rights to end the contract).

5. Our Rights to Make Changes

5.1 Minor changes to the Services. We may change the Services:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.

5.2 More significant changes to the Services and these terms. In addition, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Services paid for but not received:

(a) For example, a change in health coach in the event of long term illness or leaving My Clinical Coach.

6. Providing The Services

6.1 When we will provide the Services. We will provide the Regular Services between 0900 to 1700 (Monday to Friday) or 0900 to 2100 (Monday to Friday) and 1000 to 1400 on Saturday. Each option is charged a different amount and during the order process you will be asked to select which Service you want. When we accept your order we will let you know when we will start to provide the Services to you.

6.2 A full clinical health coaching programme will run for 12 months, though you have a right to cancel at any time during the 12 month period. At the end of the 12 months, you have the option to remain in the Services for a further 6 months in a step-down coaching programme.

6.3 We will supply the Services to you until either the Services are completed or the subscription expires (if applicable) or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.

6.4 All calls to and from My Clinical Coach are recorded and may be monitored for quality control purposes.

6.5 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.

6.6 What will happen if you do not give required information to us. We will need certain information from you so that we can supply the Services to you, for example, the best phone number to contact you on, email address, details of health issues, pre-existing conditions or concerns affecting your wellness. This will have been stated in the description of the Services on our website and the enrolment form you will be asked to complete as part of the order process. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) 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 supplying the Services late or not supplying 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.

6.7 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the product as requested by you or notified by us to you (see clause 5).

6.8 Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than 1 months in any 12 month period, we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the contract for Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 months and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.

6.9 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments (see clause11.5).

7. Your Rights to End the Contract

7.1 You can always end your contract with us. Your rights when you end the contract will depend on the Services, whether there is anything wrong with them, how we are performing and when you decide to end the contract:

(a) If what you have bought is misdescribed you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back), see clause 10;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

(c) If you have just changed your mind about the Services, see clause 7.3; You may be able to get a refund if you are within the cooling-off period, but this may be subject to reasonable deductions;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.

7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Services which have not been provided. The reasons are:

(a) we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 5.2);

(b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the Services may be significantly delayed because of events outside our control;

(d) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 months in any 12 month period; or

(e) you have a legal right to end the contract because of something we have done wrong.

7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of Services, once these have been completed, even if the cancellation period is still running.

7.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) the equivalent of 1 month’s subscription fee as compensation for the net costs we will incur as a result of your ending the contract.

8. How to End the Contract with Us (Including if You Have Changed Your Mind)

8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call customer Services on 0333 004 0043 or email us at customerservices@myclinicalcoach.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Online. Complete the Cancellation Form on our website.

(c) By post. Print off the Cancellation Form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

8.2 How we will refund you. We will refund you the price you paid for the Services, by the method you used for payment. However, we may make deductions from the price, as described below.

8.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reasonably deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

8.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

9. Our Rights to End the Contract

9.1 We may end the contract if you break it. We may end the contract for Services at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or

(b) you do not, within a reasonable time of us asking for it, provide us with the information that is necessary for us to provide the Services, for example, details of health issues, pre-existing conditions or concerns affecting your wellness.

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1, we will refund any money you have paid in advance for products we have not provided but we may reasonably deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9.3 We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 30 days in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.

10. If There is a Problem with the Services

10.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team at 0333 004 0043 or write to us at customerservices@myclinicalcoach.com or City View House, 5 Union St, Manchester M12 4JD.

10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

11. Price and Payment

11.1 Where to find the price for the Services. The price of the Services will be the price indicated on the order pages when you placed your order and will vary depending on which subscription package you have selected. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the Service you order.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions.

For detailed information please visit the Citizens Advice website or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

  • 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.
  • If you haven't agreed a price upfront, what you're asked to pay must be reasonable.
  • If you haven't agreed a time upfront, it must be carried out within a reasonable time.

11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

11.3 When you must pay and how you must pay. You can only pay for Services using a credit card or a debit visa card. We accept payment with all major banks and card holders. You will be asked to set up a payment system with us. You must make an advance payment of the first month’s subscription fee, before we start providing them. You will be asked to set up a payment system with us for the balance. We will take monthly payment in advance for the Services until the Services are completed. You must pay each invoice within 30 calendar days after the date of the invoice.

11.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of the 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.

11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

12. Our Responsibility for Loss or Damage Suffered by You

12.1 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, for example, if you discussed it with us during the sales process.

12.2 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 including the right to receive Services which are: as described and match information we provided to you and supplied with reasonable skill and care.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. How We May Use Your Personal Information

13.1 How we will use your personal information.

(a) to supply the Services to you;

(b) to process your payment for the Services; and

(c) if you agreed to this during the order process, to give you information about similar Services that we provide, but you may stop receiving this at any time by contacting us.

13.2 We will only give your personal information to other third parties where the law either requires or allows us to do so and we will not sell your data.

14. Other Important Terms

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.

14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3 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.

14.4 If a court finds part of this contract illegal, the rest will continue in force. 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.

14.5 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 miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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