TERMS AND CONDITIONS 

    1.1. “we”, “us”, “our”, or “The Company” refers to Harley Vision LTD.

    1.2. “Patients Information” means the written information we supply to you, either in web, brochure or letter form.

    1.3. “Procedures” denotes the ophthalmology procedure(s) to be performed by an Ophthalmologist.

    1.4. “Ophthalmologist” or “Surgeon” indicates a medical practitioner qualified to conduct the Procedure outlined in the Eye Care Plan and registered with an appropriate body according to the type of procedure.

    1.5. “Patient” or “you” refers to any individual who has entered into a contract for a Procedure, and whose name is listed in the Eye Care Plan.

    1.6. “Initial Aftercare Procedure” refers to the aftercare treatment provided to you by the Ophthalmologist or Surgeon.

    1.7. “Cost” is the Total Eye Care Plan Price as detailed on the quotation.

    1.8. “Eye Care Plan” denotes the personalised quotation plan.

    1.9. “Initial Consultation” is the pre-operative meeting between you and Harley Vision LTD’s representative; Patient Advocate.

    1.10. “Surgical Consultation” is the point at which the Ophthalmologist meets with you to assess your suitability for the Procedure – this may be subsequent to the Initial Consultation.

    1.11. “Additional Treatments” refer to any extra treatments administered on the day of surgery, which go beyond those outlined in the Eye Care Plan.

    OBLIGATIONS AND WARRANTIES

    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 Ophthalmologists are self-employed and make their own clinical decisions at all times. The patient warrants that, having read and understood these Terms and Conditions, no cause of action in negligence will accrue against Harley Vision LTD for any procedure carried out by the Ophthalmologist. The patient further warrants that he or she fully understands the range of possible outcomes of the proposed ophthalmic procedure.

    PATIENT’S OBLIGATIONS

    3.1. The Contract is conditional upon the acceptance of the Patient by the Ophthalmologist based on 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 Ophthalmologist and Harley Vision LTD.

    3.2. Treatment will only be provided 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 treatments 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 Ophthalmologist. Any advice that the Patient Advocate may give is purely of a general non-medical nature. If the Patient has any medical queries, they should be raised with the Ophthalmologist at the Surgical Consultation.

    3.5. The Patient agrees to provide the Ophthalmologist 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 Harley Vision LTD without delay and to, at all times, keep Harley Vision LTD informed.

    3.6. The minimum age for any consultation or surgical procedure is 18 years of age.

    GENERAL OBLIGATIONS

    4.1. Harley Vision 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 such cancellation of 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 normally takes place between you and your Ophthalmologist 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 Ophthalmologist 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 Harley Vision LTD is not liable for the outcome of the ophthalmic procedure.

    4.3. You will be required to sign a Medical Consent Form prior to surgery which will be provided to you by your Ophthalmologist.

    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 arrangement and co-ordinating services between you and the Ophthalmologist for the purpose of the medical services provided to you by the Ophthalmologist.

    4.6. 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.

    4.7. 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 Ophthalmologist the risks of and your expectations from the surgery.

    4.8. 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 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 caused, if such injury, loss or damage is caused in whole or in part by any failure on your part to provide complete, accurate and up-to-date information as to your health.

    4.9. 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 Ophthalmologist. We suggest a consideration period of at least 14 days before making a decision as advised by the Royal College of Surgeons.

    4.10. Intellectual Property Rights: In this clause 4.10, “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.

    4.11. 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. Harley Vision LTD reserves the right to take legal action to protect its position.

    4.12. Defamation and Opinions: You agree that any comments, suggestions, feedback or other content relating to Harley Vision LTD, 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) not be harmful, threatening, harassing or offensive, (iii) not be discriminatory, (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), (v) not be defamatory, derogatory or offensive, (vi) not harm or be calculated to harm our reputation in any way. If you breach any of the terms mentioned in this clause 4.12, You agree to fully indemnify Harley Vision LTD 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 to commencing legal proceedings) to enforce our rights under this clause 4.12. Harley Vision LTD reserves the right to commence legal action to ensure the protection of its reputation online or offline pursuant to this clause 4.12.

    RESCHEDULING AND CANCELLATIONS

    5.1. Rescheduling Policy – If you need to reschedule your surgery date, the following administrative fees will apply:

    5.1.1. Less than 7 Days Notice: A £1,000 rescheduling fee will be charged. This policy does not affect the 7-day period of reflection (as referred to in section 5.2).

    5.2. Cancellation Policy – For up to 7 days following the signing of this agreement, should you wish to cancel your procedure, the deposit and any monies paid for your procedure are fully refundable (minus any applicable bank charges), provided that Harley Vision LTD has been notified via recorded or guaranteed post to Harley Vision LTD, Shipleys, Victoria Quays, Wharf Street, Sheffield S2 5SY. We reserve the right to retain part or all of your initial deposit to cover any non-recoverable costs incurred if you cancel 14 days after signing this agreement. Our cancellation fees after this 14-day period are as follows:

    5.2.1. Cancellations made over 2 weeks prior to surgery date: 25% of the total cost.

    5.2.2. Cancellations made 8-14 days prior to date of surgery: 50% of total cost.

    5.2.3. Cancellations made 7 days or less prior to and including date of surgery: 100% of the total cost.

    With regards to a booking deposit for an initial consultation, this will be retained in cases of non-attendance. In cases of attendance where you will not be going ahead for treatment, this is fully refundable. To receive your refund, you will need to email [email protected].

    5.3. Cancellations for Medical Reasons –

    5.3.1. If a cancellation is necessary due to a previously unknown medical condition, we will attempt to reschedule the procedure where possible. If the indicated medical condition prevents rescheduling of the procedure after reasonable consideration, a full refund of the monies paid will be given to the patient.

    5.3.2. Cancellations due to pre-existing medical conditions, which were known by the Patient but undisclosed prior to booking the Procedure, will be refunded in line with section 5.2 of this contract.

    5.3.3. If the procedure is abandoned mid-operation 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 sections 3.1 and 4.4.

    COMPLAINTS AND READMISSION

    6.1. Complaints Procedure – Harley Vision LTD has a complaints procedure available upon request. If you have any complaints regarding any aspect of your treatment, it is recommended 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 deemed necessary by your Ophthalmologist. Any subsequent treatment will be quoted and charged separately.

    6.3. Readmission – Your Surgeon will aim to ensure that the procedure is carried out as planned in this contract. However, if for any reason there is a significant deviation from the planned procedure due to a decision made by your Surgeon on the day of your procedure (for reasons such as, but not limited to, a positive clinical outcome), no refund will be offered for any discrepancy. If your Surgeon deems the results of the eye surgery acceptable and within the normal limits of surgery, any further surgery would incur the full fee. However, if your Surgeon agrees that the results were not compromised due to patient negligence and given the natural progression of eye conditions, we may, at our sole discretion, consider contributing towards the surgical costs. We will assess the circumstances of each patient and each procedure separately in determining the basis on which any further surgery may be provided at a discount. Harley Vision LTD shall make the final decision regarding readmission, and our decision is final.

    6.4. Complaints and Readmission Policy – This policy is limited to the original Eye Care Plan. Eye conditions can progress, and more native vision may be lost during this period. Full vision restoration may require further surgeries and a staged approach.

    6.5. Patient Responsibility – If the Patient fails to follow pre- and post-operative advice and guidance, fails to attend review appointments, or if the results of the surgery originally provided have been affected by changes in lifestyle, illness, or the natural ageing process, Harley Vision LTD will not be liable or responsible in any way.

    CONFIDENTIALITY

    7.1. Harley Vision LTD and the Patient agree that all matters relating to the Patient’s treatment will be kept confidential, except where Harley Vision LTD is required to disclose such information to relevant members of medical staff at Harley Vision LTD and/or relevant government authorities, whether they are regulatory or otherwise.

    7.2. The Patient consents to the disclosure of personal information by Harley Vision LTD to Surgeons, Doctors, Nurses, and other medical or non-medical staff for the purpose of discussing the Patient’s treatment.

    7.3. During admission, photographs may be taken for the purpose of medical services and will be subject to data protection and confidentiality requirements. Harley Vision LTD retains all medical notes and photographs until 10 years after the patient’s death.

    7.4. Under the General Data Protection Regulation (GDPR), you are protected by data protection laws and have additional rights granted to you by the GDPR.

    More information can be found here: https://gdpr-info.eu.

    If you wish to remove any information we hold about you or require information regarding the storage and processing of your data, please contact our Data Protection Officer by emailing: [email protected].

    JURISDICTION

    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. Harley Vision 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.

    LIABILITY

    9.1. Harley Vision 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, 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.

    9.2. The information provided to you about ophthalmology treatments 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 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 treatment, and contemplate either further treatment (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 treatment.

    FORCE MAJEURE

    10.1. Neither Harley Vision LTD nor the Patient will be liable for any failure to perform or delay in performance of any of its obligations under 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.

    ENTIRE AGREEMENT

    11.1. The provisions set out in this contract shall constitute the complete and sole agreement and understanding between Harley Vision LTD and the Patient relevant to the subject matter of this agreement.

    11.2. Harley Vision LTD and the Patient each agree that neither party 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 those 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 party hereby unconditionally and irrevocably waives any claims, rights or remedies which they might otherwise have in relation to this agreement.

    THIRD PARTY RIGHTS

    12.1. It is not intended that any person apart from Harley Vision LTD and the Patient will be entitled under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any of the terms of this contract.

    SEVERANCE

    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, such illegality, invalidity or unenforceability shall not affect the other provisions of this contract, which will remain in full force and effect. Harley Vision LTD and the Patient agree to substitute for such term or provision a legal, valid or enforceable term or provision which achieves, to the greatest extent possible, the same effect as would have been achieved by the illegal, invalid or unenforceable term or provision.

    NOTICES

    14.1. It is recommended that you take ample time to contemplate any decisions you may make following any consultation as suggested below or any questions you might have answered by the Ophthalmologist. We suggest a consideration period of at least 14 days before making a decision to proceed with any treatment at Harley Vision LTD.

    14.2. Any notice, invoice or other communication which either party is required or permitted by this contract to serve or send to the other party shall be sufficiently served or sent if sent to Harley Vision LTD at its registered address, or in your case, to the address you provided at the time of your booking. This can be done by hand delivery, registered or recorded delivery, first-class post, facsimile transmission confirmed by registered or recorded delivery or first-class post, or, in either case, by email to an email address you provided or used at the time of making the booking.

    DISPUTE RESOLUTION

    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 through negotiation.