Terms & Conditions
1. DEFINITIONS:
1.1 “we”, “us” ,our, or “ The Company” means My Surgical UK Ltd, registered in England company number 15203739. My Hair UK is a trading name of My Surgical UK Ltd
1.2 Patients Information” means the written information supplied by us to you either in brochure or letter form
1.3 “Procedures” refers to the surgical procedure to be carried out by a Doctor / Surgeon
1.4 “Surgeon” means a medical practitioner qualified who will carry out the procedure set out in the Hair Restoration Plan and registered with an appropriate body according to the type of procedure
1.5 “Patient or “you” means any person who has entered into a contract for a procedure and whose name is set out in the Hair Restoration Plan.
1.6 “Initial Aftercare Procedure” means the aftercare treatment provided to you by the Surgeon where you are entitled to contact the Surgeon or surgical team for up to 18 months post operatively regarding advice pertaining to your procedure
1.7 “Cost” is Total Hair Restoration Plan Price as detailed on the quotation above
1.8 “Hair Restoration Plan” means the personal quotation plan above
1.9 “Initial Consultation” the pre-operative meeting between you and My Surgical UK Ltd’s representative; Patient Advocate.
1.10 “Surgical Consultation” is the point at which the Surgeon meets with you to assess suitability for the Procedure – this may be subsequent to the initial consultation
1.11 “Additional Grafts” are any extra grafts taken on the day of surgery in excess of the Hair Restoration Plan
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2 OBLIGATIONS AND WARRANTIES
2.1 My Surgical UK Ltd acts purely as an introducer to My Hair Transplant Clinics which is a trading name of Cosmetics Surgery Ltd, company number 12404564 who operates the clinics located at 158-160 Kenton Rd, Harrow HA3 8AZ and Speakers House, 39 Deansgate, Manchester M3 2BA where the procedures are carried out. All responsibility for provision of service rests with My Cosmetics Surgery Limited and the relevant surgeon carrying out the procedure.
2.1 Surgeons are registered with the General Medical Council and are obliged to maintain full Private Practice Medical Indemnity Insurance with the Medical Defence Union, the Medical Protection Society or other appropriate insurers
2.2 All Surgeons are self-employed and make their own clinical decisions at all times. The patient warrants that having read and understood these Terms and Conditions that no cause of action in negligence will accrue against My Surgical UK Ltd for any procedure carried out by the Surgeon. The patient further warrants that he or she fully understands the range of possible outcomes of the proposed surgical procedure.
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3 PATIENT’S OBLIGATIONS
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3.1 The Contract is conditional upon the acceptance of the Patient by the Surgeon based upon information given by the Patient during the Initial Consultation and subsequent Surgical Consultation. The decision to carry out surgery shall be at the discretion of the Surgeon and My Cosmetics Surgery Ltd.
3.2 Treatment will only be given where payment has been taken as agreed with the Patient Advocate and a clear payment plan has been detailed and agreed by both the Patient and the Patient Advocate.
3.3 Payment for any additional grafts agreed on the day of surgery must be made prior to surgery taking place.
3.4 The Patient acknowledges that the Patient Advocate is not a doctor or surgeon. Any advice that the Patient Advocate may give is purely of a general non-medical nature. If the Patient has any medical queries then this should be raised with the Surgeon at the Surgical Consultation
3.5 The Patient agrees to provide the Surgeon and clinical staff with a health history that is honest, accurate, reliable and complete. The Patient understands that withholding any medical information could be detrimental to his or her health and safety and may result in cancellation of the procedure with no refund. The Patient agrees that if any change occurs in his or her medical history or status to inform My Surgical UK Ltd without delay and to, at all times, keep My Surgical UK Ltd informed
3.6 The minimum age for any consultation or surgical procedure is 18 years of age
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4. GENERAL OBLIGATIONS
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4.1 My Surgical UK Ltd reserves the right to alter the Patient’s admission date and/or outpatient appointments although such changes will be avoided wherever possible. The Patient agrees that no consequential loss will be payable for the such cancellation on any procedure/appointment
4.2 Patient agrees that in signing this Contract that he/she has understood the terms and has been given an opportunity to seek explanation. The Surgical Consultation prior to the procedure which will normally takes place between you and your Surgeon on the day of the procedure (however upon your Request to your Patient Advocate can be earlier) is designed to ensure that you and your Surgeon are fully agreed as to the procedure that has been planned before your operation and that you understand all the potential risks and benefits. You must sign this form as well as any consent form before surgery commences. The patient accepts that My Surgical UK Ltd is not liable for the outcome of the hair restoration procedure.
4.3 You will be required to sign a Medical Consent Form prior to surgery which will be provided to you by your Surgeon
4.4 In the interest of patient safety and welfare, we reserve the right to cancel or postpone your procedure
4.5 Our role is limited to providing an introduction to My Cosmetics Surgery Limited who in turn handle the arrangement and co-ordinating services between you and the Surgeon for the purpose of the medical services provided to you by the Surgeon
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4.7 You should seek advice from your General Practitioner when considering and before deciding upon any surgery and you should undergo any appropriate health checks and tests before you decide upon such surgery
4.8 Surgery of any kind carries risks. The risks include medical complications during the operation or afterwards, the risk that the surgery may not be successful and the risk that you might not be satisfied with the result. You should make sure that you discuss with your GP the risk that you might not be satisfied with the result. You should make sure that you discuss with your GP the risks of and your expectations from the surgery.
4.9 You warrant that the answers provided by you are complete, correct and up- to-date. You also warrant that your health is such that you are fit to travel and to undergo surgery. You also warrant that you will disclose all information relating to your health, whether physical or psychiatric / psychological, which may be relevant to the provision of the medical services envisaged. We rely on you to provide all relevant health information, and rely on such information being complete, accurate and up to date. We accept no responsibility for any injury, loss or damage, howsoever cause, if such injury, loss or damage is cause in whole or in part by any failure on your part to provide complete, accurate and up-to-date information as to your health.
4.11
You should take time to consider any decision you may make following any consultation as suggested below or any of your queries being answered by the Surgeon. We suggest a consideration period of at least 14 days before making a decision as advised by the Royal College of Surgeons. Intellectual Property Rights: (a) In this clause 4.11“Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, utility models, domain names, rights in computer software and all similar rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever existing.
(b) All Intellectual Property relating to us shall remain the property of the party who owns it or the third party who licenses it to us. No licence is granted in relation to our Intellectual Property Rights unless specifically agreed to in writing. The Company reserves the right to take legal action to protect its position.
(c) Defamation and Opinions:
You agree that any comments, suggestions, feedback or other content relating to The Company whether verbal, written, online or offline (“contribution”) will be lawfully made. In particular, you agree that any Contribution will:
(i) not be in contempt of court;
(ii) (ii) not be harmful, threatening, harassing or offensive;
(iii) (iii) not be discriminatory;
(iv) (iv) not have any fraudulent purpose (including, but not limited to, Impersonating any other person or not being entirely truthful
to us when you register as a patient);
(d) not be defamatory, derogatory or offensive.
(e) not harm or be calculated to harm our reputation in any way If you breach any of the terms mentioned in this clause 4.11You agree to fully indemnify The Company in respect of its costs of taking any legal action, or any steps to enforce its Intellectual Property Rights or taking any other steps (including but not limited commencing legal proceedings) to enforce our rights under this clause 4.11. The Company reserves the right to commence legal action to ensure the protection of its reputation online or offline pursuant to this clause 4.11.
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5. RESCHEDULING/CANCELLATIONS
5.1 Rescheduling – if you need to reschedule your surgery date, an
administrative fee will apply as follows:
• Less than 14 days notice: £250 rescheduling fee
• Less than 7 days notice: £500 rescheduling fee
Surgery cancellations due to ill health of the surgeon or surgical staff can occasionally happen at short notice, and My Cosmetics Surgery Ltd will endeavour to book the earliest date for you with no reversed charges due to the My Surgical UK Ltd, the surgeon or clinic for rearrangement, and My Surgical UK, the clinic and surgeon will not be liable for any expenses incurred by you for the change of date / time.
5.2 Cancellations of bookings – For up to 14 days following signing this agreement, should you wish to cancel your procedure, the deposit and any monies paid for your procedure are fully refundable (minus bank charges), with the provision that the Company has been notified by recorded or guaranteed post to My Surgical UK Ltd, with the proviso that the cancellation is not within 14 days of your arranged surgery date, if it is then you waive the right to the 14 day cooling off period and cancellation charges are as set out below.
We reserve the right to retain some if not all of your initial deposit to cover any costs incurred should you cancel 14 days following the signing this agreement.
Our Cancellation policy after the 14-day period is as follows:
• Cancellations made over 14 days prior to date of surgery – £500
• Cancellation made less than 14 days prior to date of surgery – £1000
5.3 Cancellations for medical reasons –
• Cancellation necessary due to previously unknown medical conditions will be rescheduled where possible. If after reasonable consideration the indicated medical condition prevents rescheduling of the procedure, then refund of the monies paid will be given in full to the patient minus a £500 administration fee.
• Cancellations due to pre existing medical conditions which were know by the Patient but undisclosed prior to booking the Procedure will be refunded in line with section 5.2 of this contract
• If the procedure is abandoned intra-operative due to unforeseen medical conditions, we will retain sufficient monies to cover the costs incurred by the Company as reasonably deemed fit and in accordance with the conditions detailed at 3.1 and 4.4
6 COMPLAINTS /READMISSION
6.1 The complaints procedure is available on request. If you have a complaint regarding any aspects of your treatment we recommend that you discuss this with your Patient Advocate in the first instance
6.2 Aftercare – The initial aftercare period will include standard post-surgical review appointments for up to 18 months after surgery. Any subsequent treatment will be quoted and charged separately.
6.3 Readmission – Your Surgeon will aim to ensure that you receive as close to number of Grafts proposed in this contract as practically possible, however if for any reason you receive significantly fewer grafts than in this contract due to a reason decided by your Surgeon on the day of your procedure (such as but not limited to a positive cosmetic or clinical outcome) there will be no refund offered for the difference in grafts proposed in this contract and number you received. If your Surgeon decides that the results of the hair transplant are acceptable and within the normal limits of surgery, then further surgery would incur the full fee. If, however, your Surgeon agrees that your surgery and the natural progression of hair loss, and the results were not compromised due to negligence on the part of the patient, then the surgeon and My Cosmetics Surgery Ltd at their sole discretion, consider making a contribution towards the surgical costs. The surgeon will assess the circumstances of each patient and each procedure separately in determining the basis on which further surgery may be provided at any discount. We shall make the ultimate decision in readiness and our decision is final
6.4 The complaints/readmission policy is limited to the original Hair Restoration Plan. The patient acknowledges that final results of surgery can take 18 months. Hair loss is progressive and more native hair may be lost during this period. Full hair restoration may require further surgeries and a staged approach
6.5 If the Patient fails to follow the advice and guidance given (both pre and post-operative) or to attend review appointments; or where the results of the surgery originally provided have been affected by changes in lifestyle, illness or the natural ageing process we will not be liable or responsible in any way
7 CONFIDENTIALITY
7.1 My Surgical UK Ltd and the Patient agrees that all details relating to the Patient’s treatment will be kept confidential, save where My Surgical UK Ltd is required to disclose such material to relevant members of medical staff at My Cosmetics Surgery Ltd and/or relevant government authorities be they regulatory or otherwise.
7.2 The Patient confirms his or her consent to the disclosure of personal information by My Surgical UK Ltd to Surgeons, Doctors and Nurses and other medical or non medical staff for the purpose of discussing Patient’s treatment.
7.3 During admission, photographs will be taken for the purpose of the medical services and will be subject to the requirements of data protection and confidentiality. The Company retains all medical notes and photographs until 10 years after the patient death.
7.4. Under GDPR you protected by Data Protection laws and have additional rights granted to you by GDPR which can be found here: https://gdpr-info.eu
7.5 Patient Agrees that My Surgical UK may use images of the patient from before, during or after surgery on its website, promotional materials and social media platforms to promote its services, without disclosing the name of the patient unless previously agreed.
If you wish to remove any information we hold on yourself or require information regarding the storage and processing of your information please contact our Data Protection Officer by emailing: info@my-hair.uk
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8. JURISDICTION
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8.1 The laws of England and Wales shall apply to this contract and the Courts of England and Wales shall have exclusive jurisdiction
8.2 My Surgical UK Ltd reserves the right to change these terms and conditions at any time without notice. The latest Terms & Conditions are available on request from our Patient Advocates
9. LIABILITY
9.1 My Surgical UK Ltd’s personnel do not undertake responsibility for or warrant in any way the medical services provided to you by the Surgeon. Surgeons granted practicing privileges by The Company are independent self-employed contractors and are not employees, agents or sub-contractors of The Company. The Company will accept no vicarious liability for the acts, omissions or defaults of a Surgeon granted practicing privileges, or for those whose actions they have formally accepted accountability for. You
acknowledge that the Surgeon will have personal liability for any loss, liability or costs (including legal costs) incurred by you in connection with the provision of the Surgical Consultation, Procedures, Additional Grafts, Initial Aftercare Procedures and all other aspects of your procedure (“Your Treatments”) and the Surgeon will accordingly maintain in force in relation to Your Treatments full and comprehensive policies of insurance in respect of the provision of Your Treatments. The Company does not accept responsibility for the acts and/or omissions of the Surgeon in relation to Your Treatments. The Company gives notice that all arrangements for Your Treatments are made upon the express condition that The Company shall not be liable for any injury, damage, loss, accident, delay, or irregularity, howsoever caused, which might occur due to the act, omission, fault or negligence of the Surgeon in carrying out Your Treatments. To the extent permissible by law, the Surgeon shall be liable to you for any errors, negligence or incorrect information that may be supplied in relation to the Surgeon’s acts and/or omissions.
9.2 The information provided to you about cosmetic surgery and related matters is believed to be correct, and has had the approval of the Surgeon. However, the information does not constitute a representation by us and is not warranted by us, and you should raise all matters of importance or concern to you with the Surgeon at your Surgical consultation.
9.3 We do not undertake responsibility for, give any representation in relation to, or warrant in any way, the medical services provided to you by the Surgeon. Further and in any event, and subject to s.2(1) of the Unfair Contract Terms Act 1977: (1) we do not accept any liability for any consequential loss howsoever caused; and (ii) any liability on our part for financial loss will be limited to the full price of your package.
9.4 If you are dissatisfied with the results of your surgery, and contemplate either further surgery (whether at your expense or at the expense of the Surgeon) or legal proceedings against the Surgeon, this is a matter between you and the Surgeon. We will in principle, but without legal obligation, be willing to assist you with arrangement, liaison or co-ordination services, and it is not responsible for, makes no representation in relation to, and does not warrant, the result of any further surgery
10 FORCE MAJEURE 10.1 Neither us nor you will be liable for any failure to perform or delay in performance of any of its or your obligations pursuant to this contract caused by circumstances beyond the reasonable control of that party (a Force Majeure Event).
10.2 The party relying on the Force Majeure Event shall promptly notify the other in writing of its reasons for the delay or stoppage and its likely duration and shall take all reasonable steps to overcome the delay or stoppage. Subject thereto, the party’s obligation to perform will be suspended for the duration of the Force Majeure Event and its time for compliance extended by an equivalent period. Any costs arising from such a delay or stoppage shall be borne by the party incurring them. If the Force Majeure Event continues for more than 30 days consecutively, either party may terminate the contract with immediate effect on giving written notice to the other party and neither shall be liable to the other for such termination.
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11 ENTIRE AGREEMENT
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11.1 The provision set out in this contract shall constitute the complete and only agreement and understanding between the parties relevant to the subject matter of this agreement.
11.2 The parties each agree with the other that neither of them has been induced to enter into this contract in reliance upon any warranty, representation, statement, agreement or undertaking of any nature whatsoever (whether negligently or innocently made) other than as are expressly set out in this contract. The only remedy available to the parties for breach of the terms of this contract shall be for breach of contract and each of the parties hereby unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have in relation hereto.
12 THIRD PARTY RIGHTS
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12.1 It is not intended that any person apart from us and you will be entitled under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any of the terms of this contract.
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13 SEVERANCE
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13.1 If any term or provision of this contract shall be, become or be declared by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, then such illegality, invalidity or unenforceability shall not affect the other provisions of this contract, which shall remain in full force and effect. The parties agree to substitute for such term or provision a legal, valid or enforceable term or provision which achieves, to the greater extent possible, the same effect as would have been achieved by the illegal, invalid or unenforceable term or provision.
14 NOTICES
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14.1 You should take time to consider any decision you may make following any consultation as suggested below or any of your queries being answered by the Surgeon. We suggest a consideration period of at least 14 days before making a decision.
14.2 Any notice, invoice or other communication which either party is required or permitted by this contract to serve on or sent to the other party shall be sufficiently served or sent if sent, My Surgical UK Ltd to its address, in the case of you, to the address notified by you at the time of your making a booking by hand, by registered or recorded delivery or first class post or by facsimile transmission confirmed by registered or recorded delivery or first class post or, in either case, by e-mail to an e-mail address notified or used by the other party at the time of making the booking.
15 DISPUTE RESOLUTION
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15.1 If any claim or dispute arises under or in connection with this contract, the parties will attempt to settle such claim or dispute by negotiation.
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