DISCLAIMER / TERMS / IMPRINT
Legal notice
This website is owned and operated by Banks Medical and Wellbeing Services (hereafter referred to as “BMWS”).
By visiting this website and accessing the information, resources, services, products, and tools we provide, you (“the user”) understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “Terms”).
Copyright
All text, images, graphics and multimedia files and their layouts are subject to copyright and any other laws relating to intellectual property. They may not be copied for commercial purposes or for transmission, modified or used in any other manner - in particular, other websites. Some Internet pages also contain content that are subject to the copyright of those who made them available.
All rights reserved.
Disclaimer
The BMWS website is not targeted or intended for the use of any person under the age of 18. By entering this site, the User represents and warrants that they are above the age of 18.
The content on this website is provided by BMWS without assurance or warranty of any kind, whether explicitly or implicitly. All implicit guarantees concerning the merchantability, the suitability for certain purposes or the non-violation of laws and patents are also excluded.
BMWS expressly reserves the right to change, supplement or delete parts of pages or the whole website without special notice, or to cease publication thereof temporarily or permanently.
The User understands that no representations are made as to the effectiveness or outcomes of the service, and that this overrides any potential claims made on this or any other website or information source provided.
Terms and Conditions
Outcomes are dependent on the accurate provision of data and information provided by the User. The User is solely responsible for:
The data provided by them, to BMWS
To update any changes in circumstances or variations to User Information.
To have reasonable regard to the implications of providing false data or information
The User is ultimately responsible for the information they provide.
BMWS is not a Crisis Service. If the User believes that they have a medical emergency (psychological or physical), they should immediately contact the emergency services.
Pricing and cancellation policy
Session pricing is valid for agreed and prepaid bookings only. There is no obligation for BMWS to provide services where sessions have not been paid for in advance. Sessions will be provided on a prepaid basis only and payment is strictly non-refundable. The User may discontinue the treatment at any time. There are no refunds for services provided.
References and links
Liability is excluded for direct or indirect references to third-part websites (“links”) that are outside the outside the sphere of responsibility of BMWS. BMWS has no influence on the current and future layout and on the content of the linked/referenced pages. Providers of the websites which are referenced, and not those who simply reference the publication via links, bear sole responsibility for unlawful, inaccurate or incomplete content and in particular for damage arising in connection with the use or non-use of information supplied in this way, and not BMWS. No links are to be construed as endorsements of products or services, whether mentioned directly nor indirectly.
Trademarks
All trademarks mentioned on this website are the legally protected trademarks of the corresponding owners. They are mentioned for information purposes only. This applies, in particular, to model and brand names and corresponding logos and emblems of the relevant companies.
Understanding the Implications for You in using the Services
The initial access to BMWS by the User or anyone authorised by the User represents acceptance of these T&Cs, the Privacy Policy and the Cookies Policy.
The Services may include access to or use of (a) some services or functions of the Services which may be subject to particular conditions (b) other commercial products provided by parties other than BMWS that may be complimentary to the Services (c) open-source software tools and (d) third-party libraries (together these are called Additional Tools): -
• Each of the Additional Tools may be governed by their own respective terms and conditions (Additional Tools Conditions) and your use of any of the Additional Tools shall be subject to the relevant Additional Tools Conditions. The User will always be provided with the option to review and agree the Additional Tools Conditions when accessing the relevant Additional Tools for the first time. If the User does not accept the Additional Tools Conditions, the relevant Additional Tools will not be available to the User.
• Where there is inconsistency between the terms of the T&Cs and the relevant Additional Tools Conditions, the Additional Tools Conditions shall prevail.
Legal effect of this disclaimer
This disclaimer is considered to be part of the website which contained the link to this page. Should parts or individual formulations of this text not correspond to, no longer correspond to, or incompletely correspond to the current legal situation, the validity of the content of the remaining parts of the document will be unaffected.
PRIVACY POLICY
The policy: This privacy policy notice is for this website; www.bankswellbeing.com and served by Banks Medical and Wellbeing Services and governs the privacy of those who use it. The purpose of this policy is to explain to you how we control, process, handle and protect your personal information while browsing or using this website, including your rights under current laws and regulations. If you do not agree to the following policy, you may wish to cease viewing / using this website.
Policy key definitions:
• “I”, “our”, “us”, or “we” refer to the business, Banks Medical Wellbeing Services.
• “BMWSonline” refers to the website “www.bankswellbeing.com”
• “you”, “the User” refer to the person(s) using this website.
• GDPR means General Data Protection Act.
• PECR means Privacy & Electronic Communications Regulation.
• ICO means Information Commissioner’s Office.
• Cookies mean small files stored on a user’s computer or device.
By accessing BMWSonline or using the Services, you acknowledge your acceptance of this Privacy Policy and agree to its terms. If you do not wish to accept this Privacy Policy, you should immediately exit BMWSonline and refrain from using the Services.
BMWS acknowledge and emphasise the importance of data protection and confidentiality for the User. User Information is stored securely in accordance with legal standards.
How User Information may be Utilised.
User Information will be kept confidential, unless there is:
• a legal obligation or legal requirement for disclosure by BMWS to any proper Courts of Law, Government Agencies and any other official agency or party who has a legal right to the User Information
• an imperative to report a matter contained within User Information to the police or other relevant authority. This is where BMWS reasonably believe a serious crime has been or is about to be committed or where BMWS reasonably believe that an individual is in serious danger.
• The express consent of the User.
The User shall have the following rights in relation to the protection of their data. The User may:
• exercise their rights of access, rectification, cancellation and choice on the use of personal data under the Data Protection legislation and all other effective laws and regulations pertaining to the personal data of the User by contacting BMWS and according with the reasonable and lawful requirements of BMWS in according with such requests by email to: info@bankswellbeing.com
• unsubscribe to any newsletters via the last newsletter they received or by sending an email to info@bankswellbeing.com
• send any queries regarding the Privacy Policy to info@bankswellbeing.com
Information That May Be Collected and Used
To utilise the Services or register with BMWSonline, the User will be requested to provide various elements of data including an email address, mobile telephone number and various personal details including some health details. In addition, various security measures will be in place, and these may change from time to time to prudently maintain the confidentiality of User Information.
Information of User interaction with the Services will be recorded as will the geographic details of the interaction and other pertinent information. This will be retained for a reasonable period to deal with any reasonable administrative, regulatory or taxation purposes.
BMWS may also use unidentifiable, non-personal information collected from BMWSonline for statistical analysis, improvement of the Services/BMWSonline and promotion of the Services/BMWSonline.
BMWS may use the User Information to:
• Respond to queries or requests for information that may be made by the user.
• Billing and collection of services.
• to communicate information about services, products and activities of BMWS to the user.
• send to the User information about products and services of third parties which are associated with BMWS.
BMWS obtains personal data provided by the User through the following means:
• by visiting or using the Services.
• through the User registration or User input in respect of the Services or registration with BMWSonline.
• by requesting information or contact through the contact form on the Services.
• cookies and similar technologies.
BMWS may contract third parties to facilitate its services (such as maintenance, analysis, auditing, marketing and development). Such third parties will have limited access to User information only to perform these tasks on behalf of BMWS and are obliged by BMWS not to disclose it or use for other purposes. External providers that BMWS works with: Google Cloud, Google Analytics, Google Ads, Microsoft Azure, Office 365/Dynamics, Google Android, Apple iOS.
The user or patient hereby expressly authorises BMWS to publish (anonymously, only the initials will be used) the comments made or the online assessments for the care received from the doctor by BMWS on social media, on BMWSonline, or in any other media that BMWS appears in.
Social Media Sharing
Social Media features are governed by the privacy policy of the company providing it.
BMWS creates corporate profiles on Social Media Networks such as, but not limited to, Facebook, Twitter and Instagram, with the main purpose to advertise its products and services.
There is no link between BMWS and the aforementioned social networks.
BMWS Liability
BMWSonline and all of its content are provided on an ‘as is’ and ‘as available’ basis. This means that there are no guarantees, conditions or warranties (express or implied) offered by BMWS that BMWSonline will be:
• complete, accurate, up to date or error-free; BMWS will reasonably endeavour to correct any possible error or omission as soon as possible
• available or uninterrupted by external causes such as faults in ISP equipment, failures in hosting equipment, faults in Communications networks, power failures, natural events, changes in regulation, acts of God, force majeure, acts of war or censorship, and legal restrictions or updates conducted by BMWS; BMWS may provide access to the Services on a temporary basis and reserve the right to withdraw or modify the Services without prior notice if it has a proper reason to do so.
• is not responsible for any possible interruption or unavailability of the Services caused.
• suitable for any particular purpose or capable of performing any function or providing any particular result; or
• free of viruses, contamination, or destructive features
To the extent permitted by law, BMWS expressly exclude:
• all conditions, warranties, representations, and other terms which might otherwise be implied by statute, common law, or the law of equity
• all liability for any direct, indirect, or consequential loss or damage incurred by any person in connection with BMWSonline or in connection with or resulting from the use or inability to use BMWSonline and any applications or other websites linked to BMWSonline including, without limitation, any liability for:
o loss of income or revenue
o loss of business
o loss of profits or contracts
o loss of anticipated savings
o loss of data
o loss of goodwill
o wasted management or office time
o and how ever the loss in question arises and whether it is caused by tort (including, but not limited to, negligence), breach of contract or otherwise, and regardless of whether it was foreseeable or not.
If, in any way whatsoever, BMWS are found to be liable to you for any damage or loss (including, without limitation, through negligence) which arises in any way out of, or is in any way connected with, your use of BMWSonline, our liability shall not exceed the total of GBP100 (one hundred pounds).
These T&Cs do not affect or exclude or limit BMWS liability for (a) death or personal injury caused by the negligence of BMWS or any of its employees or agents (b) liability arising from any fraud or fraudulent misrepresentation by BMWS or any of its employees or agents (c) any liability which cannot be limited or excluded by applicable law.
Jurisdiction
These Terms are to be construed under UK Law.
This website can be accessed by most countries around the world. As each country has laws that may differ from those of the UK, by accessing our website, you agree that the statutes and laws of the UK, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website.
Furthermore, any action to enforce these Terms shall be brought in the courts located in the UK. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of the present Terms and Conditions is held to be unenforceable, the enforceability of all remaining provisions shall not be affected thereby.