Terms & Conditions
Vala, valahealth.com and iPrimary Care are trading names of iPrimary Care Limited, a company registered in England and Wales under company number 08826625, and in Ireland under company number 693679. Our registered offices are Blue Star House, 234-244 Stockwell Road, London SW9 9SP and Ground Floor, 71 Lower Baggot Street, Dublin, D02 P593 (“Vala”, “us”, “we” or “our”).
We are regulated as a healthcare provider by the Care Quality Commission and we make use of secure technology to provide high quality, accessible healthcare designed to meet the needs of our members. Our Provider ID is 1-1510059483 and you can see our registration here.
These terms and conditions (“Terms”) apply to every person who registers on the Website to use the Service. Please read these Terms carefully and make sure that you understand them. You will be asked to confirm that you agree to these Terms before registering as a Member of Vala. If you do not agree to accept these Terms, you should not proceed with registration or otherwise access the Service.
When the following terms are used in these Terms, this is what they will mean:
Advice advice provided by a Vala Team Member to a Member Affiliate any clinician or other healthcare provider (other than a Vala Team Member) who provides services to Members via Referrals Appointment an appointment for a Session made by or on behalf of a Member Session an online video or telephone consultation with a Vala Team Member CQC the Care Quality Commission, the regulator of the NHS and providers of private medical care in the United Kingdom Event Outside Our Control an event outside our reasonable control, including, but not limited to strikes or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, threat of war or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or failure of public or private telecommunications networks Member an individual who registers to use the Service Membership Scheme a scheme through which individuals are entitled to membership of Vala Prescription Product medication prescribed by a Vala Team Member as a result of a Session Referral a referral from a Vala Medic to an Affiliate for the supply of specialist healthcare services to a Member Service the online video and telephone lifestyle medicine consultation, information, prescription and referral service and Website provided by iPrimary Care Limited Subscriber a Member who has a valid Subscription Subscription a subscription for membership of Vala, whether as an individual or via a Membership Scheme Subscription Fee the monthly or annual fee payable for a Subscription, subject to increase from time to time as notified on the Website
the period of validity of a Subscription
The ability to book as many appointments as needed in a month. We may restrict access to some parts of our service. For example, restrict access to certain doctors if we believe a member is abusive or taking up too much of a clinicians appointment calendar.
these terms and conditions, as amended from time to time
the Vala app
a GP or PA who provides Advice to Members
Vala Team Member
a practitioner, including, but not limited to, a physician associate (“PA”), registered general practitioner (“GP”), registered nurse (“Nurse”) registered medical specialist clinician, mental health practitione or consultant (“Specialist”), or personal trainer (“PT”)
- Vala delivers the Service via the Website and the Vala App.
- Membership of Vala is available to:
- individuals on a pay-per-consultation basis;
- individuals who register for a Subscription; and
- individuals who are entitled to membership of Vala as an employee benefit, under a private medical insurance policy or other scheme.
- Individuals who access the Service through a Membership Scheme may also be required to comply with the rules of such scheme, for which Vala has no responsibility.
- Vala does not provide any emergency services or care for acute medical conditions.
- The Service is not designed or intended in any way to replace the services provided by an NHS General Practitioner or a hospital clinician.
- All material contained on the Website (including names, trade marks, logos, pictures and diagrams) is the property of Vala and/or its Affiliates or licensors. Nothing contained on the Website or made available through the Service should be construed as granting any licence or other right of use without the express written permission of Vala.
- The Website is the property of Vala and you have no right to modify, reproduce, copy or otherwise exploit it or any portion of it and any unauthorised use will terminate any right to use it.
- The Service is only available for use by individuals as consumers and you have no right to use the Service or the Website for any commercial, business or re-sale purpose.
Eligibility to use the service
- Only independent adults over the age of 18 years old are entitled to use the Service. The Service may not be used by those under the age of 18. The Service may, however, be used by adults to obtain medical advice in respect of their children under the age of 18. Children under 18 must be accompanied in any Session by their parent or legal guardian.
- Vala Medics practise in accordance with the healthcare regulations and guidelines applicable to medical practitioners in the United Kingdom. You may book and attend an Appointment via the Service with a Vala Medic from anywhere in the world. Vala does not, however, take any responsibility for differences between healthcare regulations and variations in different countries.
Your account and password
- When you register as a Member you will be required to provide a user name and password together with such other information which we may require as part of our security procedures. You must treat such information as confidential and must not disclose it to any third party.
- Vala has the right to disable any user name or password, whether chosen by you or allocated by Vala, at any time, if in Vala’s reasonable opinion you have failed to comply with any of the provisions of these Terms.
- If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at firstname.lastname@example.org.
Accessing the service
- While every effort is made to avoid interruptions or unavailability with strict performance, security and quality controls and monitoring in place, we are unable to guarantee that the Service, or any content on it, will always be available or be uninterrupted. Interruptions may be required for scheduled maintenance work or may be beyond our reasonable control. We shall endeavour to schedule routine maintenance work for times when our Members are least likely to require access.
- You are responsible for making all arrangements necessary for you to have access to the Service.
- Any medical information given on the Website whether expressly stated or implied, is for information purposes only. The information is provided "as is" and without warranty of any kind by Vala.
- Performance statistics and user/patient feedback cited on the Website are based on Vala reporting in-house or third-party surveys, and are subject to change without notice.
- You agree that any information you provide when using the Service is true and accurate, is not misleading, and is provided in good faith.
Making an appointment
- You may book an Appointment with a Vala Team Member via the Website or the Vala App. The Appointment will take place via telephone or video conference through the Website or Vala App.
- When booking your Appointment, you will be required to provide short details about your Appointment and select a time slot in which you would like to attend your Appointment. All Appointment times reflect the timezone which is specified in your Account settings. Always check that the correct timezone is set when booking or attending appointments.
- Upon accepting your Appointment request, Vala will send confirmation by email to the email address provided at the time of booking details of your Appointment.
- For the purposes of the Data Protection Act 1998, the data controller is iPrimary Care Limited.
- In relation to individuals who access the Service through a Membership Scheme, we may share with the provider of the relevant scheme:
- the fact you have registered to use the Service;
- any termination of your registration; and
- aggregated, anonymised data about the number of Appointments that have been booked by individuals through the Membership Scheme.
- Vala will not share with any other person any information about whether or not you, individually, have booked an Appointment nor any information shared with a Vala Team Member during any Session unless, where appropriate, you explicitly consent to us or the Vala Team Member doing so if, for example, where further medical information may be required to confirm your eligibility for benefit under the relevant Membership Scheme.
- Whilst Vala may strongly encourage you to inform your GP of any health concerns you may have discussed with a Vala Team Member, we shall not share information with your GP unless we have your express written consent or there is an overriding public interest in disclosing the information without your consent. This is in accordance with the current General Medical Council guidance, which may change from time to time.
- Vala may use and may share with the provider of your Membership Scheme anonymised comments and feedback provided directly to Vala or in patient surveys for marketing and service monitoring purposes.
Changes to these terms
- We may revise these Terms from time to time in the following circumstances:
- changes in relevant laws and regulatory requirements; and
- where we in our discretion deem a revision necessary or desirable and notify you of such a revision.
- If we make a revision to these Terms in accordance with paragraph a), we will notify you of such revision when you next access the Service. Your continued use of the Service will be deemed to constitute acceptance of such revised Terms and it is your responsibility to ensure that you understand any changes and consent to such Terms when you next use the Service.
- We do not guarantee that the Service will be secure or free from bugs or viruses.
- It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets the necessary technical specifications to enable you to access and use the Service. You should use and maintain your own virus protection software.
- You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.
Linking to our website
- You may link to the Website's home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to the Website in any website that is not owned by you.
- The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page.
- We reserve the right to withdraw linking permission without notice.
- If you wish to make any use of content on the Website other than that set out above, please contact us at email@example.com
Third party links and resources
The Website may contain contains links to other websites and resources provided by third parties (“Other Sites”). Other Sites are not under our control and we are not responsible for and do not endorse their content or their terms and conditions or privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Other Sites, including the purchase and use of any products or services accessible through them.
Types of membership
- You may use the Service in the following ways:
- individual membership on a pay-per-Appointment basis;
- individual membership through a monthly or annual Subscription; or
- though membership of a Membership Scheme.
- Unless payment for the Service is made directly by the provider of a Membership Scheme, you are required to make payments for the Service directly to Vala.
- The prices exclude:
- VAT, where applicable, and unless otherwise stated; and:
- reasonable credit card and other processing fees, where these fees are incurred by us.
- Members who use the Service on a pay-per-Appointment basis shall be required to pay the cost of each Appointment as set out on the Website, which may vary from time to time. Payments for all Appointments must be made in advance to Vala by credit or debit card. Vala accepts most major credit and debit cards.
- You should be aware that online payment transactions are subject to validation checks by your card issuer and Vala is not responsible if your card issuer declines to authorise payment for any reason. If such payment is not authorised, your right to the booked Appointment shall be cancelled. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. Vala is not responsible for any such fee.
- Members who are Subscribers shall be required to pay the Subscription Fee on a monthly or annual basis, depending on the type of Subscription and the Subscription Period, as set out on the Website and as amended from time to time.
- A monthly Subscription shall renew automatically from month to month, unless you notify us before the renewal date that you wish to cancel your Subscription. Unless you notify Vala in accordance with the above, you agree that your Subscription will automatically renew each month and you authorise Vala, without further notice to you, to collect the applicable Subscription Fee using the payment card details we have on record for you.
- An annual Subscription shall renew automatically at the end of each year, unless you notify us before the renewal date that you wish to cancel your Subscription. Unless you notify Vala in accordance with the above, you agree that your Subscription will automatically renew each year and you authorise Vala, without further notice to you, to collect the applicable Subscription Fee using the payment card details we have on record for you.
- If the payment cards which we have on file for you are declined for payment of your Subscription Fee on any occasion, your Subscription will be cancelled. If you subsequently provide Vala with new payment card details and payment is successful, your Subscription Period will be based on the original renewal date and not the date of actual payment.
- A Subscription is in the name of the purchasing individual plus such of that individual’s children under the age of 18 who are registered under the Subscription. Details for each individual to be covered under the Subscription will be recorded. Each individual will have his or her own profile.
- Vala reserves the right to cancel a Subscription, without refund, and seek legal advice if there is any abuse of the Subscription, for example, allowing a non-family member or an additional family member not registered under the Subscription to use the Service or making false claims.
- Subject always to Vala’s Fair Usage Policy as explained in paragraph 16, a Subscription entitles a Subscriber to an unlimited number of Appointments wth Vala Medics during the Subscription Period. If a Subscriber is reasonably deemed by Vala to be in serious breach of the Fair Usage Policy, Vala reserves the right, in addition to denying a Member access to the Service in accordance with paragraph 16, to cancel that Member’s Subscription. The Member will then be entitled to use the Service on a pay-per-Appointment basis.
Cancellation of subscription
- You may cancel your Subscription with Vala and receive a full refund if you do so within 14 days after the day on which you purchased your Subscription (“Cooling Off Period”). Vala reserves the right to charge for Appointments made in breach of the Fair Usage Policy during the Cooling Off Period at the price quoted on the Website.
- After the “Cooling Off Period”, you may cancel your Subscription with immediate effect if:
- Vala breaches these Terms in any material way and does not correct or fix the situation within 14 business days of you asking us to in writing;
- Vala goes into liquidation or a receiver or an administrator is appointed over its assets;
- Vala changes these Terms under paragraph 4 to your material disadvantage; or
- there is a risk of substantial delay caused by an Event Outside Our Control.
- In such circumstances we will refund you a pro rata amount of your Subscription Fee based on the remaining period of your Subscription.
- If you cancel your Subscription for any other reason, we will refund you a pro rata amount of your Subscription Fee based on the remaining period of your Subscription, but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Subscription early. This deduction will comprise an administration fee of up to £20 and may, if we consider you acted in breach of our Fair Usage Policy during your Subscription, also include a sum to reflect our likely loss as a result.
- Vala will use reasonable endeavours to process valid insurance claims directly with approved insurers on your behalf, providing you have provided correct and sufficient insurance details (including, without limitation, authorisation details for the relevant treatment), the relevant treatment is likely to be a treatment covered by the insurer, and the insurer is one which is on Vala’s approved list as having agreed to direct interaction with Vala.
- We shall not process an insurance claim with any insurer without valid authorisation for that claim. It is your responsibility to verify with your insurer that the condition to be treated is covered by your insurance policy and to obtain authorisation for your treatment.
- If your insurer determines that the care and treatment provided by Vala is not covered, or not fully covered, under your insurance policy, you agree that you will be liable for the portion of the charges that are not settled by the insurer.
Membership scheme membership
- If you receive the Service as a benefit under a Membership Scheme, your use of the Service will also be subject to and in accordance with the rules of that Membership Scheme.
- The Membership Scheme may limit the number of Appointments you are entitled to before you are required to pay on a per-Appointment basis.
- Your right to cancel your membership of your Membership Scheme will be in accordance with the terms and conditions of such scheme.
Vala reserves the right to deny any Subscriber access to the Service if, in the reasonable opinion of Vala, that Subscriber makes excessive use of the Service relative to typical usage patterns or is abusive or acts inappropriately to any Vala Team Member or any employee or agent of Vala. Inappropriate acts include, without limitation: (i) inappropriate, abusive, offensive behaviour or remarks; or (ii) ‘time-wasting’, which shall include cancellations under paragraphs 17 (b), (d) or (e). In the event of excessive, inappropriate or abusive use, Vala reserves the right to terminate access to the Service (including by deletion of the Member’s account and information) with immediate effect upon written notice to the Member.
Amending and cancelling appointments
- You may cancel an Appointment at any time up to 12 hours prior to the time at which your Appointment is due to begin and, if you are a Pay-per-Appointment Member, you will receive a full refund of any Session fees which you have paid. No refund shall be made if you are not a Pay-per-Appointment Member.
- If you cancel within 12 hours of the Appointment or once the Appointment has begun, no refund shall be payable and Vala reserves the right to restrict future Appointments or to prevent further access to the Service.
- If you are late for an Appointment by more than 10 minutes, the Vala Team Member reserves the right to either cancel or to continue with the Appointment. In the case of cancellation, no refund shall be payable and you shall be asked to schedule another Appointment.
- If the provider of your Membership Scheme provides you with a limited number of Appointments, any Appointment cancelled, amended, or for which you are late in accordance with paragraphs b), d) or e) above, will count towards your total allocation of Appointments permitted within your Membership Scheme.
- To cancel your Appointment as above, you must follow the cancellation process set out on the Website.
- If you have not been able to attend the Appointment because the Service is unavailable due to a technical fault caused by Vala, then Vala may offer you a refund if you are a Pay-per-Appointment Member.
- It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets the necessary technical specifications to enable you to access and use the Service. Any failure by you to attend an Appointment because your equipment does not meet the necessary technical specifications will not lead to Vala providing you with a refund even if you are a Pay-per-Appointment Member.
- If a refund is payable, Vala will usually make any refund to you using the same method used by you to pay for the Appointment, unless agreed otherwise.
Our cancellation rights
- Vala may have to cancel an Appointment due to an Event Outside Our Control or the unavailability of a Vala Team Member or key materials without which Vala cannot provide the Service. Vala will promptly notify you in the event of such cancellation.
- If we have to cancel an Appointment under paragraph (a) and you have made any payment in advance as a Pay-per-Appointment Member, we shall refund the fees paid by you.
- No refunds shall be payable in the event that any service that you have requested cannot be provided due to your own absence (including, without limitation, for a scheduled Session), negligence, failure to provide requested information or other relevant error.
- Vala may cancel a Subscription at any time with immediate effect by giving you written notice if:
- you do not pay the Subscription Fee when due; or
- you breach the terms of the Subscription in any other material way and you do not correct or fix the situation within 7 days of a written notice from Vala asking you to do.
- From time to time, we may request certain information from you that may be confidential and/or covered by data protection legislation. Such information may include, but not be limited to, details of any medical conditions. Vala will contact you in writing about this. If you do not, after being asked by Vala, provide us with this information, or you provide incomplete or incorrect information, we may not be able to proceed with the relevant services. Vala will not be liable for any delay or non-performance where you have not provided this information to us upon request and we shall not be obliged to provide any refund.
Vala team members
- GPs are registered with the General Medical Council, and undergo regular appraisals under the mandatory reviews for UK practising clinicians and have received training in virtual consultation skills.
- A virtual Session with a Vala Medic may not always be sufficient for your needs and is unlikely to be appropriate or sufficient in cases (i) of emergency, (ii) where a physical examination is likely to be required, or (iii) where physical intervention is likely to be required. We strongly recommend that you share and/or discuss the information from your Session with your GP and that you return to your GP to discuss any significant differences in recommended medical treatment and your concerns about previous medical treatments by your GP.
- Each Vala GP has committed:
- to provide a professional and transparent service that complies with (i) the General Medical Council Guidelines on remote prescribing, essential standards of quality and safety as interpreted by the CQC and clinical best practice in the UK;
- to volunteer where requested their General Medical Council professional registration number when prescribing medicines and communicating with Members;
- to prescribe medicines only when in their professional judgment it is in the Member’s best interests to receive the medicine being requested and, accordingly, to refuse to prescribe medicines when they believe it is not in the Member's best interests to receive medicines without the benefit of a face to face consultation; and
- to take all reasonable steps to protect the personal information of Members.
- The information and advice provided by a Vala Medic during a Session is based on the information you have supplied to Vala and the Vala Medic. It is your responsibility to ensure this information is correct and complete and you accept that failure to do so (whether intentionally or not) may affect the information and advice the Vala Medic gives to you and, as such, may have consequences for which we are not responsible.
- If you do not fully understand any Advice or information given during your Session, it is your responsibility to raise this during your Session and the Vala Medic.
- Certain Vala Team Members are directly employed by Vala and others are independent Vala Team Members. We take all reasonable steps to verify the identity of independent Vala Team Members and to verify certain background information about such Vala Team Members. Vala makes no representation or guarantee in relation to, and is not responsible for, the qualifications of any Vala Team Member who is not an employee of Vala.
- Sessions are subject to Vala Team Member availability. When you make an Appointment we shall use reasonable efforts to offer a Session at the time requested but we can give no guarantee that an Appointment will be available within a particular time frame. Vala cannot guarantee the availability of any individual Vala Team Member.
- You acknowledge that while Vala takes all reasonable precautions, due to the nature of electronic communications the security of a remote interaction cannot be guaranteed.
- You understand and agree that Sessions are limited in duration to the time booked for the Appointment.
- If, following a Session, you are in any doubt, or have any concerns regarding any Advice you have received or failed to receive, or regarding your health, wellbeing or any conditions, you are responsible for seeking further medical advice from your GP or suitable healthcare professional not affiliated with Vala or for using the emergency services where appropriate.
- Vala Medics may issue prescriptions for medicines only when in their professional judgment it is in your best interests to receive the medicine in accordance with General Medical Council Guidelines on remote prescribing and essential standards of quality and safety as interpreted by the CQC. Vala Medics may refuse to prescribe medicines when they believe it is not in your best interests to receive medicines without the benefit of a face-to-face consultation. Vala strongly advises you to share information with your GP about any prescriptions you receive.
- Certain classes of medications including, but not limited to specialist medications requiring close monitoring or controlled substances (for example benzodiazepines such as sleeping tablets, and opioids such as morphine) and other classes of strong pain killers are not suitable for online prescribing. This is not an exhaustive list and your Vala Medic may advise you that a particular medication may not be suitable for an online prescription.
- You may request that we send you your prescription from your Vala Medic or that we process the prescription and deliver your Prescription Products to you. The price of Prescription Products and the costs of delivery is not included in the Session fee and must be paid in advance.
- If you request Vala to deliver Prescription Products to you, such Prescription Products shall be processed by dispensing pharmacies selected by Vala to ensure delivery of medications to you. Such dispensing pharmacies are separate from Vala and to the extent permitted by law Vala disclaims any liability for any acts or omissions of the dispensing pharmacy and has no control over or responsibility for any individual pharmacy, their policies in relation to acceptance or otherwise of prescriptions, delivery or prescriptions, opening hours or availability. Vala receives no remuneration for prescription from such dispensing pharmacies.
- If you prefer, we will send you your prescription free of charge by post by next-day delivery and you may take your Vala prescription to a local pharmacy for processing and delivery or collection.
- You agree that you will comply with any instructions given in relation to any Prescription Products provided to you, including, in particular, timing and dosages and you will promptly report any side effects of any prescription to a Vala Team Member. You agree that you will not permit any other person access to your Prescription Products.
- You are advised to inform your registered GP of any medication changes advised by a Vala Medic.
- A Vala Medic may provide a Referral to a specialist clinician where the Vala Medic considers that such Referral is clinically appropriate for a Member following a Session. Vala Medics shall use all reasonable efforts to ensure that the most appropriate Referral and recommendation is made, taking into account the information provided by a Member during the relevant Session.
- Clinicians to whom Referrals are made are independent practitioners not connected to Vala. Vala takes all reasonable steps to ensure that it refers Members only to appropriately qualified and experienced specialists but has no liability for any loss, damage or personal injury caused as a result of any such Referral.
- You are responsible for paying the fees of any clinician to whom you are referred by a Vala Medic or, if you have valid medical insurance, for obtaining authorisation for such treatment from your insurer.
- Vala Medics may make Referrals for a range of private diagnostic investigations including pathology (e.g. bloods tests, urine) and imaging (e.g. x-ray, ultrasound scans, MRI). You acknowledge that you are solely responsible for arranging, undertaking and paying for such tests and you agree to comply with any instructions provided in relation to the testing services including (without limitation) in relation to the booking of and payment for tests. The processing time of tests may vary according to the provider used and Vala cannot influence this directly and cannot guarantee the availability of the services from test providers and shall not be liable for any acts or omissions of the test providers.
- You are advised to book a follow up Appointment with a Vala Medic for a review of your test results and you understand that results will not be routinely reviewed by Vala.
- Vala does not exclude or limit in any way its liability for:
- death or personal injury caused by our negligence or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2, 3, 4 and 5 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987;
- Liability for Defective Products Act 1991;
- for any other liability which cannot be excluded or limited by applicable law.
- Subject to paragraph (a), Vala disclaims all warranties, express or implied, to the full extent permitted by law.
- Vala has no liability for the quality or type of service or goods provided by any third party to whom a Referral is made.
- If our supply of the Service is delayed by an Event Outside Our Control, we will use our reasonable endeavours to notify you as soon as possible and we will take reasonable steps to minimise the effect of the delay. If we comply with our obligations under this paragraph we will not be liable for delays caused by the relevant event, but if there is a risk of substantial delay you may contact us to terminate the provision of the Service to you or to cancel an Appointment and, if you are a Pay-per-Appointment Member, receive a refund for any Appointments you have paid for but not received.
- In the event of our failure to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of or breach of these Terms or our negligence, but we are not responsible for any loss or damage that:
- is not foreseeable: loss or damage is foreseeable if it is an obvious and direct consequence of our breach or if it is contemplated by you and us; or
- has been caused by a Vala Team Member (except if such Vala Team Member is an employee of Vala acting within the scope of his or her employment), Affiliate, subcontractor or third party. Such Vala Team Member, Affiliate, subcontractor or third party person shall be solely liable for that loss or damage unless and to the extent that it is caused by the negligence, material breach or wilful default of Vala.
- The Service is not suitable for managing a medical emergency or acute condition, any condition that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any product or service urgently.
- Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and to Vala’s legal obligations as a data controller, Vala is not responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise.
- Vala provides the Service for domestic and private use only. We have no liability to you for any:
- loss of profit;
- loss of business;
- business interruption; or
- loss of business opportunity.
- Without prejudice to paragraph (h), our liability in connection with the provision of the Service whether under contract, tort, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed £1,000,000 in aggregate.
Use of the Vala app
Vala grants you a limited licence to access and make personal use of the Vala App and not to modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of the Vala App or its contents. Any unauthorised use terminates the permission or licence granted by Vala. You may not use any logo or other trademark of Vala without our express written permission.
When you use the Website or the Vala App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices, alerts or other information through the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- You may not transfer or assign any or all of your rights or obligations under any these Terms.
- All notices given by you to Vala must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when registering as a Member.
- If we fail to enforce any of our rights, that does not result in a waiver of that right.
- If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
- These terms are governed by English law and you and we submit to the non-exclusive jurisdiction of the English courts.
- Vala welcomes all feedback and you can contact us by phone on 07536 110822 or by email on firstname.lastname@example.org.
- If you have a complaint we will always endeavour to resolve the issue as quickly as possible.
- If you would like to make a formal complaint you should do so as soon as possible in order to help us to establish what happened. If this is not possible, your complaint should be submitted within 12 months of the incident that caused the problem; or within 12 months of discovering that problem.
- You should make your complaint in writing by email via email@example.com or by post to Vala, Blue Star House, 234-244 Stockwell Road, London SW9 9SP. You should be specific and concise and always include the patient’s full name, date of birth, address and complaint details.
- The Vala team will endeavour to deal with your concerns promptly and in the correct way.
- Vala will acknowledge your complaint within five working days and will aim to have fully investigated it within 20 working days from the date it was received. Any delays will always be communicated with you.
- When we investigate complaints, we will investigate the circumstance; make it possible for you to discuss the circumstances and problem with those concerned; ensure you receive an apology if appropriate and take steps to ensure that the problem does not occur again.
- You will receive a final letter setting out the result of any investigation.
- If you remain dissatisfied, you may refer the matter to the CQC.
- If any dispute arises in connection with these Terms, we will attempt to resolve such dispute amicably. If the dispute is not resolved within 60 days of the initial notification of a dispute by either party, the parties will attempt to settle it by way of mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.
- To initiate the mediation, either Vala will give you or you must give us notice in writing ("ADR notice") requesting a mediation. A copy of the request should be sent to CEDR. The mediation will start not later than 60 days after the date of the ADR notice. No party may commence any court proceedings in relation to any dispute arising out of these Terms until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation for a period of 30 days after the mediation has started.
- Following mediation under this paragraph 28, if and to the extent that any dispute remains unresolved, that dispute shall be submitted to confidential arbitration in London following the CEDR rules and one arbiter. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
Please submit any questions you have about these Terms by email to firstname.lastname@example.org, by telephone on 07536 110822, or by post to Vala, Blue Star House, 234-244 Stockwell Road, London SW9 9SP.
Our usage of your personal information is governed by our privacy and data usage policies which forms part of these terms. Please read those policies carefully - it deals with your rights and our obligations in relation to your personal data, including what we can do with it, to whom we may disclose it together with your rights of access.
If you are a Smart-Cover customer, we may be required to supply Smart-Cover with proof of appointment as part of their claim policy. Vala will never disclose any personal information about the nature of your communication with us.