TERMS OF BUSINESS - ECG AT HOME
1. Formation & Basis of Agreement
1.1. We are ECG at Home, a trading name of Edina Healthcare Limited (Us/We), a company incorporated in England and Wales with company number 10659388. Our registered office is at Unit 6 Hersham Farm Business Park, Longcross Road, Chertsey, England, KT16 0DN. Our VAT Number is 328 1363 12.
1.2. These terms of business form the entire agreement between You and Us for our provision of the ECG at Home service.
1.3. These Terms are available in English only.
1.4. To submit an Order, You must complete the form on our website at www.ecgathome.co.uk and pay the fee shown on the website by credit or debit card using the online payment service.
1.5. The contract shall be formed by You successfully submitting an Order on our website and then by Us issuing a confirmation of your Order. When confirming your Order, We shall email a copy of these Terms to You for your records.
2. Our Services
2.1. The Service which We supply under these Terms shall be:
2.1.1. The supply of a single-use Device by post with a pre-paid envelope to return the Device to Us;
2.1.2. Instructions and guidance on how to fit and use the Device to record ECG activity; and
2.1.3. The provision of ECG results by Us which You may use to take professional medical advice.
2.2. The Service shall be delivered remotely and We will not therefore need to attend your premises at any time.
2.3. Following receipt of your Order, We shall post the Device to the address specified by You when placing the Order. We shall not be liable for any failure by You to provide the correct postal address when placing the Order or for any loss or theft of the Device once our postal courier has recorded successful delivery of the Device to your address.
2.4. Upon receipt of the Device, You must activate the Device and follow all fitting instructions and guidelines which We provide to ensure that the Device correctly records your ECG activity. You will require access to a smartphone or internet-enabled personal computer to activate the Device.
2.5. If you have any questions about fitting or using the Device, You should contact Us without delay. We will provide additional guidance by telephone or arrange a convenient time to provide guidance via a web-meeting such as Zoom, Skype or Microsoft Teams.
2.6. You are responsible for the safe keeping of the Device while it is in your possession. If the Device is lost, stolen or damaged whilst in your possession, We shall be unable to continue our provision of the Service unless You purchase a replacement Device for the Device Cost. If You choose not to pay for a replacement Device within 14 days, our obligations to You under these Terms shall cease and You shall have no right to a refund.
2.7. In the unlikely event that the Device is non-functional or defective upon receipt, You must contact Us without delay and in any event within one month of receiving the Device. If We are unable to identify the issue remotely, You must return the Device to us using the pre-paid envelope provided with the Device. We will then send a replacement Device to You.
2.8. After using the Device, You must return it to Us using the pre-paid envelope provided with the Device.
2.9. When returning the Device to Us for any reason, You must retain a proof of posting in case the Device is lost or damaged by the postal service provider. If You fail to do so, We will be unable to recover the cost of the Device and, unless you have cancelled the Order in accordance with clause 3.1:
2.9.1. We will send a replacement Device to You upon payment of the Device Cost by You; and
2.9.2. Our obligations to You under these Terms shall cease and You shall have no right to a refund if You do not pay for a replacement Device within one month.
2.10. Following your return of the Device, We will access the data stored on the Device and provide the ECG results to You, typically within 3 days of receipt.
2.11. Unless you were referred to Us by a GP or a Consultant We shall send you a copy of the ECG results and liaise with You to arrange a consultation with our Cardiology Specialist.
2.12 Your details may be used for business purposes
3. Your Right to Cancel
3.1. If You change your mind and decide to cancel your Order, You must notify Us:
3.1.1. Before We dispatch the Device to You, in which case We will provide You with a full refund; or
3.1.2. Within 14 days of receiving the Device, in which case:
3.1.2.1. You must send the Device back to Us in the pre-paid envelope within 14 days of notifying Us of the cancellation;
3.1.2.2. We will provide You with a refund after receiving the Device back from You; and
3.1.2.3. We will deduct the Postage Costs from the refund.
3.1.2.4. We will deduct an administration fee of £40.
3.2. You are under no obligation to provide us with a reason for cancelling your Order.
3.3. If You do not ask to cancel the Order in accordance with clause 3.1, You shall not be entitled to a refund under these Terms.
3.4. If You have decided to cancel the Order and are returning the Device to Us, You should use the pre-paid return envelope which We provide. You must retain a proof of posting in case the Device is lost or damaged by the postal service provider. If We do not receive the returned Device and are unable to recover the cost from the postal service provider as a result of your failure to provide Us with the proof of posting, We shall deduct the Device Cost and the Postage Costs from the refund.
3.5. PLEASE NOTE THAT YOU SHALL ONLY BE ENTITLED TO A REFUND OF THE DEVICE COST IF THE DEVICE IS IN ITS ORIGINAL, UNSEALED CONDITION AND PROVIDED THAT IT HAS NOT BEEN ACTIVATED. ONCE THE DEVICE IS UNSEALED OR ACTIVATED, YOU SHALL NOT BE ENTITLED TO A REFUND OF THE DEVICE COST UNDER THIS CLAUSE 3.
4. Your Obligations to Us
4.1. You confirm that You are dealing with Us as a consumer and that any Order which You place is for You or a member of your household to receive the Services. You must not under any circumstances resell our Services to any third party or represent our Services as being services provided by You in any business capacity.
4.2. To ensure the best possible chance of your ECG results being accurate and reliable, You must:
4.2.1. Follow the instructions and guidance which We provide;
4.2.2. Not disassemble, adapt or otherwise interfere with the proper working of the Device; and
4.2.3. Honestly and accurately provide any lifestyle information which We request.
4.3. You must treat our staff members in a polite and courteous manner at all times. We will not tolerate any abusive, discriminatory, or harassing behaviour under any circumstances. In the event of any breach of this clause by You, We reserve the right to terminate the Service without liability and without any obligation to refund You.
5. Our Liability to You
5.1. Whilst We shall perform the Services in a professional manner and to the best of our ability, You acknowledge and accept that the ECG results provided by the Device:
5.1.1. May be affected by external factors during the period in which the Device is fitted, such as periods of intense exercise, high stress, drug and alcohol usage or by the Device being incorrectly fitted;
5.1.2. Can only show your ECG activity during the period that the Device was fitted and your ECG activity may vary at other times; and
5.1.3. Might identify certain cardiac issues which require further medical investigation but, if no such issues are identified from the ECG results, this does not exclude the possibility of there being other cardiac conditions which cannot be identified by an ECG.
5.2. We will not be liable to You for any loss which You suffer to the extent that it arises from any failure by You to comply with your obligations under these Terms.
5.3. Subject to clause 5.5, our total liability to You in respect of any claim arising out of or in connection with these Terms, and whether arising in contract, negligence or otherwise, is limited to twice the fees which You paid to Us for the Services.
5.4. Subject to clause 5.5, We will not be liable to You for any indirect or consequential losses which You suffer as a result of our performance or non-performance of the Services.
5.5. Nothing in these Terms is intended to limit or exclude our liability for:
5.5.1. Death or personal injury caused by our negligence;
5.5.2. Fraud or fraudulent misrepresentation;
5.5.3. Breach of our obligations under section 2 Supply of Goods and Services Act 1982; or
5.5.4. Any other matter for which We are not permitted by law to exclude or limit, or to attempt to exclude or limit, our liability.
6. How We Use Your Personal Data
6.1. To provide the Services to You, it will be necessary for Us and our subcontractors to process personal data and sensitive personal data relating to You. For these purposes:
6.1.1. Personal data typically means general information about You, such as your name, date of birth, address and contact information; and
6.1.2. Sensitive personal data means information about your health and medical history.
6.2. All personal data and sensitive personal data shall be controlled and processed by Us in accordance with our obligations under the Data Protection Act 2018 and the retained UK-GDPR.
6.3. For further information about the personal data and sensitive personal data which We control and process, please refer to our Privacy Notice. This is available to view on our website at www.ecgathome.co.uk.
6.4. You acknowledge and agree that We may contact You by telephone, text message or email for legitimate reasons relating to the Services which We are providing to You. We will not use your details for marketing purposes without your express, opted-in consent.
7. If You Have a Complaint
7.1. If You are unhappy with any aspect of the Service, You should notify Us in writing by email at info@edinahealthcare.com or by post at Acre Cottage, Tallentire, Cockermouth, Cumbria, CA13 0PR.
7.2. Following receipt of any complaint from You, We will acknowledge your complaint within 3 working days and notify You of the name of the individual who will be investigating your complaint on our behalf.
7.3. We will endeavour to provide a full response to your complaint within 15 working days of receiving it. If We need further time to respond, We will let You know in writing.
7.4. If You are unhappy with our response to your complaint, You may escalate your complaint to The Managing Director. They will carry out a review of your complaint and the response which was given. They will then contact You within 10 working days to let you know Our final decision in respect of your complaint.
8. General
8.1. Neither You nor We intend for these Terms to be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
8.2. If any part of these Terms is determined by a court to be unenforceable, that part shall be severed from these Terms and the remainder of the Terms shall continue to be valid as far as permitted by law.
8.3. Neither You nor We shall be in breach of these Terms nor liable for any delay in performing or failure to perform, any obligations under these Terms if such delay or failure result from uncontrollable events, circumstances or causes. In these circumstances, You or We (as applicable) shall be entitled to a reasonable extension of the time for performing such obligations.
8.4. These Terms shall be interpreted in accordance with English law. Any claim relating to these Terms must be brought within the Courts of England and Wales.
9. Definitions
9.1. In these Terms, the following definitions are used:
Device means the ECG Holter (or ambulatory) device which We supply to You as part of an Order.
Device Cost means the actual supply or replacement cost of the Device, which is £150 plus VAT.
ECG means an electrocardiogram.
Order means an order which You place with Us to receive the Service.
Postage Costs means the sum of up to £10 plus VAT.
Service means the service which We provide to You under these Terms, broadly being the service described in clause 2.1.