5 STAR CLINIC LTD
TERMS AND CONDITIONS OF SERVICES AND WEBSITE USE
These Terms and Conditions apply to services, appointments, treatment packages, vouchers, reports and other services supplied by:
5 STAR CLINIC LTD
Ground Floor
49 Garstang Road
Preston
PR1 1LB
Company number: 11544941
Telephone: 07537 824848
Email: 5starclinicenquiries@gmail.com
In these Terms, “5 Star Clinic”, “the Clinic”, “we”, “us” or “our” means 5 STAR CLINIC LTD.
“Client” includes a patient, service user or other individual receiving or purchasing services from the Clinic, as applicable.
These Terms also contain provisions governing use of our website.
Please read these Terms carefully before booking, purchasing or receiving services.
These Terms operate together with any applicable:
- clinical consent form;
- onboarding form;
- package purchase acknowledgement;
- booking confirmation;
- written package information;
- specific service information;
- price information;
- Privacy Notice; and
- other specific written agreement entered into between the Clinic and the Client.
Where a specific written agreement expressly deals with a particular matter differently from these general Terms, that specific agreement will normally take priority for that matter, subject always to applicable law.
Nothing in these Terms excludes or restricts any statutory consumer right which cannot legally be excluded or restricted.
IMPORTANT TERMS
The following terms are particularly important and should be read before purchasing services or a treatment package.
1. Clinical outcomes are not guaranteed
The Clinic does not guarantee a cure, complete or permanent pain relief, prevention of recurrence, a particular degree of improvement, a particular treatment duration or any other specific clinical outcome.
2. Face-to-face treatment packages are ordinarily non-refundable for change of mind
The overwhelming majority of treatment packages are purchased face-to-face at the Clinic.
Subject always to applicable statutory rights, the Clinic does not offer a general change-of-mind refund simply because a Client later decides not to continue or use all of the package.
3. Packages normally expire after 12 months
Unless expressly stated otherwise in writing, treatment packages are valid for 12 months from the date of purchase.
4. Late cancellation and non-attendance may be charged
Late cancellation or failure to attend may result in the appointment fee being charged or a package session being treated as used, subject to the provisions below.
5. Financial documentation must be accurate
Invoices, receipts and other financial documentation issued by the Clinic must accurately reflect the underlying services and transactions.
6. Dissatisfaction does not automatically create a refund entitlement
A complaint, negative review, dissatisfaction with treatment or failure to obtain the Client’s hoped-for clinical result does not by itself establish a breach of contract or automatic entitlement to a refund.
PART A – CLINICAL AND WELLBEING SERVICES
1. Our services
The Clinic provides services which may include:
- physiotherapy;
- rehabilitation;
- acupuncture;
- massage therapy;
- wellbeing services;
- home or domiciliary services;
- clinical assessments;
- factual clinical reports;
- witness-of-fact reports; and
- associated healthcare and wellbeing services.
The precise nature of the service will depend upon what has been booked and agreed.
Treatment may be modified, postponed, discontinued or referred elsewhere where clinically or professionally appropriate.
The Clinic is not an emergency medical service.
Where urgent or emergency medical attention may be required, Clients should use the appropriate NHS or emergency service, including 999 or NHS 111 where appropriate.
2. Clinical and wellbeing services are different
Some services supplied by the Clinic are regulated healthcare services provided by registered healthcare professionals.
Other services may be wellbeing, massage, relaxation or related services which are not intended to constitute medical diagnosis or medical treatment.
The nature of the service depends upon:
- what has been booked;
- the practitioner providing it;
- the Client’s circumstances; and
- the purpose for which the service is provided.
A wellbeing or relaxation service must not be understood as a medical diagnosis or substitute for appropriate medical assessment unless it is expressly provided as part of an appropriate clinical service by a suitably qualified practitioner.
3. Scope of practice and referral
Practitioners will only provide services within their professional competence and scope of practice.
Where the Clinic or practitioner considers that further:
- medical assessment;
- diagnostic investigation;
- GP review;
- consultant review;
- specialist treatment;
- emergency assessment; or
- another healthcare service
would be appropriate, the Client may be advised or required to obtain that assessment before treatment begins or continues.
The Clinic is not obliged to provide a treatment which the practitioner reasonably considers unsafe, clinically inappropriate, outside their scope of practice or contrary to their professional obligations.
4. Clinical judgement and treatment planning
Treatment recommendations are based upon the information reasonably available to the practitioner at the relevant time.
A treatment plan may change according to matters including:
- examination findings;
- symptoms;
- clinical progress;
- response to treatment;
- new medical information;
- new injury;
- changes in health;
- Client preference;
- clinical safety; or
- professional judgement.
A recommendation or estimate concerning the likely number of appointments is a clinical estimate and not a guarantee that a particular outcome will be achieved within that number of appointments.
5. NO GUARANTEE OF CLINICAL OUTCOME
Response to physiotherapy, rehabilitation, massage, acupuncture and other treatments varies between individuals.
Outcome may depend on matters including:
- the underlying condition;
- severity and duration of symptoms;
- medical history;
- general health;
- age;
- previous treatment;
- response to treatment;
- compliance with rehabilitation advice;
- activity levels;
- new injury;
- recurrence; and
- circumstances outside the Clinic’s reasonable control.
Accordingly:
The Clinic does not guarantee a cure, complete pain relief, permanent pain relief, prevention of recurrence, a particular degree of improvement, a particular treatment duration, a particular number of appointments or any other specific clinical result.
Any discussion concerning:
- prognosis;
- expected improvement;
- likely treatment response;
- anticipated timescale;
- expected number of appointments; or
- possible outcome
is ordinarily a professional assessment based upon the information available at that time and should not be understood as a contractual guarantee.
If a Client believes that a particular outcome has been guaranteed, the Client should request clarification before purchasing a package or proceeding on that basis.
Nothing in this section excludes or restricts:
- the Clinic’s obligation to provide services with reasonable care and skill;
- any statement which applicable consumer law treats as contractually binding; or
- any statutory remedy available to the Client.
6. Consent to treatment
Clinical consent is separate from acceptance of these commercial Terms and Conditions.
The practitioner will obtain appropriate consent before providing assessment, treatment or another clinical intervention.
Consent must remain appropriate to the service being provided and may be withdrawn.
A Client may:
- ask questions;
- request further explanation;
- decline a particular examination;
- decline a particular treatment; or
- withdraw consent to treatment.
Withdrawal of treatment consent does not automatically create an entitlement to repayment of amounts properly payable for services already supplied, appointments already lost through late cancellation or other amounts lawfully due.
7. Treatment risks
Healthcare and wellbeing interventions may involve recognised risks or temporary effects depending upon the treatment concerned.
These may include effects such as:
- temporary soreness;
- tenderness;
- discomfort;
- fatigue;
- bruising;
- temporary aggravation of symptoms; or
- other recognised treatment-specific effects.
Relevant material risks, benefits and reasonable alternatives will be discussed through the clinical consent process where appropriate.
Treatment-specific risks should not be treated as exhaustively described by these Terms.
8. Acupuncture, dry needling and invasive procedures
Where acupuncture, dry needling or another invasive procedure is provided, additional treatment-specific information and consent requirements may apply.
Treatment will only be provided by a practitioner appropriately trained and acting within their professional scope.
Clients must disclose relevant information which may affect treatment safety, including where applicable:
- medication;
- anticoagulant medication;
- bleeding disorders;
- pregnancy;
- infection;
- medical conditions;
- allergies; and
- other relevant health information.
Separate written or other appropriate treatment-specific consent may be required.
9. Chaperones, privacy and sensitive examinations
Some physiotherapy assessments or treatments may involve examination or treatment close to sensitive or intimate areas of the body.
The practitioner will explain what is proposed and obtain appropriate consent.
A Client may:
- ask questions;
- decline the examination or treatment;
- request reasonable adjustments; or
- request a chaperone where reasonably practicable.
The Clinic or practitioner may also require a chaperone where professionally or clinically appropriate.
The Client’s privacy and dignity will be respected during assessment and treatment.
10. Clinical photographs, video and other media
Where clinically appropriate, photographs, video, movement recordings or other clinical media may be created for purposes such as:
- assessment;
- treatment;
- progress monitoring; or
- clinical records.
Appropriate consent will be obtained in accordance with applicable professional and data-protection requirements.
Clinical photographs or recordings are not automatically available for advertising, testimonial, social-media or promotional use.
Where identifiable material is to be used for a separate promotional, educational or other purpose requiring separate consent, appropriate consent will be sought.
Further information is contained in the Clinic’s Privacy Notice.
11. Client medical information
Clients must provide reasonably accurate and complete information relevant to safe and appropriate treatment.
This may include information concerning:
- current symptoms;
- previous injuries;
- medical conditions;
- operations;
- medication;
- pregnancy;
- allergies;
- contraindications;
- previous treatment; and
- changes in health.
The Client should tell the practitioner where relevant information changes during treatment.
The Clinic and its practitioners are entitled to rely reasonably upon information provided by the Client.
Failure to disclose material information may affect:
- treatment safety;
- diagnosis or clinical reasoning;
- treatment recommendations;
- expected outcome; and
- whether treatment should proceed.
12. Medical clearance and further information
Where reasonably necessary for safe or appropriate clinical decision-making, the Clinic may require:
- further medical information;
- relevant medical records;
- confirmation from another healthcare professional;
- GP or consultant input;
- medical clearance; or
- further investigation
before commencing or continuing treatment.
The Clinic may postpone, modify or decline treatment until reasonably required information or clearance has been obtained.
13. Following professional advice
Clients are encouraged to follow reasonable:
- aftercare advice;
- rehabilitation recommendations;
- exercise guidance;
- safety advice;
- activity modification; and
- referral recommendations.
The Clinic is not responsible for loss to the extent that the loss was caused by a Client’s:
- inaccurate or incomplete information;
- failure to follow reasonable advice;
- misuse of treatment recommendations; or
- other action outside the Clinic’s reasonable control.
This does not exclude or restrict responsibility for loss caused or contributed to by the Clinic’s own breach of duty.
14. Children and young people
Where services are provided to a child or young person, consent, capacity, confidentiality and parental involvement will be managed according to applicable healthcare law and professional requirements.
The Clinic may require a parent, guardian or other responsible adult to enter into the commercial arrangements for payment or booking.
Responsibility for payment does not automatically give that person an unrestricted right to receive confidential clinical information.
PART B – APPOINTMENTS AND BOOKINGS
15. Booking appointments
Appointments may be booked:
- face-to-face;
- by telephone;
- by email;
- through an online booking service;
- through a messaging service;
- through an AI-assisted system; or
- through another authorised booking method.
Bookings are subject to availability.
Advance payment or a deposit may be required.
16. Practitioner availability and substitution
Clients may request a particular practitioner, but practitioner availability cannot always be guaranteed unless expressly agreed.
Where reasonably necessary, the Clinic may offer another appropriately qualified practitioner.
If a Client reasonably prefers not to see the alternative practitioner, the Clinic will normally seek to offer another available appointment.
Where:
- a specific named practitioner was a material part of the agreed service; and
- a materially equivalent service cannot reasonably be provided,
the Clinic will provide any remedy required by applicable law.
17. Late arrival
Clients should arrive on time.
If a Client arrives late:
- the appointment may need to be shortened;
- treatment may be modified; or
- treatment may not be able to proceed safely or reasonably.
Where an appointment is shortened because of the Client’s late arrival, the full agreed appointment fee may remain payable.
18. Cancellation – initial appointments and new massage appointments
Unless otherwise stated when the appointment is booked, Clients must provide at least:
72 hours’ notice
to cancel or reschedule:
- an initial appointment; or
- a new massage appointment.
19. Cancellation – follow-up appointments
Unless otherwise stated when the appointment is booked, Clients must provide at least:
24 hours’ notice
to cancel or reschedule a follow-up appointment.
20. Late cancellation
Where the required notice is not provided, the Clinic may:
- charge a late-cancellation fee of up to the full appointment fee; or
- treat the relevant package session as used,
to the extent that this is reasonable and proportionate to the loss arising from the late cancellation, including where the appointment time cannot reasonably be offered to another Client.
The Clinic may take account of any loss which it has reasonably been able to mitigate.
The late-cancellation charge is intended to compensate the Clinic for reserved professional time and associated loss and is not intended to operate as a penalty.
21. Missed appointments and no-shows
Where a Client fails to attend without providing notice, the Clinic may charge the full session fee or treat a package session as used where reasonable.
This reflects the fact that the appointment time was reserved for the Client and will ordinarily be unavailable to another patient at that stage.
Repeated missed appointments may result in:
- advance payment being required;
- restrictions on future booking; or
- future non-urgent appointments being declined.
22. Exceptional circumstances
Cancellation rules apply regardless of the reason for cancellation.
However, management may exercise discretion in exceptional circumstances.
A discretionary waiver or concession on one occasion does not:
- vary these Terms generally;
- create a precedent; or
- create an entitlement to a similar concession in future.
23. Clinic cancellation
The Clinic may need to cancel or rearrange an appointment because of circumstances including:
- practitioner illness;
- emergency;
- staffing availability;
- premises problems;
- safety issues;
- technical failure; or
- circumstances outside reasonable control.
The Clinic will normally offer another appointment.
If the Clinic is unable to provide a prepaid service within a reasonable period, the Client will receive any remedy to which they are legally entitled.
PART C – PAYMENT, PACKAGES, REFUNDS AND VOUCHERS
24. Payment
Unless otherwise agreed, payment is due:
- in advance;
- when booking; or
- at the time stated by the Clinic.
Accepted payment methods may include:
- debit card;
- credit card;
- cash;
- bank transfer; or
- another payment method accepted by the Clinic.
The Client remains responsible for paying amounts properly due.
25. Prices
The applicable price is the price communicated to the Client at or before the relevant contract is made.
Prices may differ between:
- services;
- practitioners;
- durations;
- packages;
- promotional offers;
- home visits; and
- other service arrangements.
The Clinic may change its prices for future purchases.
Prices already contractually agreed will not ordinarily be retrospectively increased unless the parties agree to alter the relevant service or package.
26. Discounts and promotional offers
Discounts, packages, vouchers and promotional offers:
- may have specific eligibility conditions;
- may have expiry dates;
- may be restricted to particular services; and
- cannot be combined unless expressly permitted.
A promotional exception or discount offered to one person does not create an entitlement for another person to receive the same arrangement.
27. Booking or paying for another person
A person may book or pay for services for another individual where authorised to do so.
Where personal information about another person is provided to the Clinic, the person providing it must have an appropriate basis for doing so.
Payment for another person’s treatment does not automatically give the payer access to that person’s confidential clinical information.
Any disclosure remains subject to:
- confidentiality;
- the patient’s rights;
- applicable law; and
- the Clinic’s Privacy Notice.
Where a refund is due, it will ordinarily be returned to the original payment method or original payer where legally appropriate, unless another arrangement is lawfully agreed.
28. Third-party funding, insurance and reimbursement
Where a Client intends to seek payment or reimbursement from:
- an insurer;
- employer;
- solicitor;
- compensation provider;
- reimbursement scheme; or
- another third party,
the Client remains responsible for understanding their own eligibility unless the Clinic has expressly agreed otherwise.
Unless a direct-payment arrangement has been expressly entered into, the Client remains responsible for fees due to the Clinic.
The Clinic does not guarantee that a third party will:
- reimburse treatment;
- approve a claim;
- recognise a particular service;
- accept particular invoice wording;
- accept a particular treatment code; or
- reimburse the full amount paid.
29. Treatment packages
A treatment package is generally a bundle of two or more services purchased together.
A package may be offered at a discounted price compared with purchasing individual sessions separately.
Packages may also be personalised where appropriate.
The package price reflects the Client’s decision to purchase the defined bundle rather than individual appointments separately.
30. PACKAGE VALIDITY
Unless expressly agreed otherwise in writing:
Treatment packages are valid for 12 months from the date of purchase.
Unused sessions ordinarily expire when that period ends.
Expiry does not automatically create an entitlement to:
- a refund;
- replacement sessions;
- new credit; or
- an extension.
The Clinic may extend the package validity period at its discretion.
A Client’s:
- holiday;
- work commitments;
- change of mind;
- financial circumstances;
- relocation;
- personal scheduling difficulties;
- temporary unwillingness to attend; or
- other personal circumstances
do not automatically pause or restart the validity period.
If the Clinic itself is materially unable to provide the relevant service for a significant period, the Clinic will consider an appropriate extension or another remedy where reasonably or legally required.
31. FACE-TO-FACE TREATMENT PACKAGE REFUND POLICY
The overwhelming majority of Clinic treatment packages are purchased face-to-face at the Clinic.
Where a package is concluded at the Clinic, the Clinic does not provide a general contractual change-of-mind cooling-off period unless expressly agreed otherwise.
Subject always to statutory rights:
Treatment packages purchased face-to-face are ordinarily non-refundable for change of mind once purchased.
A Client does not automatically become entitled to a refund merely because they:
- change their mind;
- choose to stop treatment;
- no longer wish to attend;
- do not use all appointments;
- move away;
- change personal circumstances;
- become temporarily unavailable;
- prefer another provider;
- decide they would rather purchase something else;
- are unhappy with an outcome; or
- do not achieve the improvement they hoped for,
where the Clinic has otherwise complied with its contractual and statutory obligations.
32. Treatment outcome and refunds
No particular clinical outcome is guaranteed.
The Client’s desired clinical result not being achieved does not, by itself, establish that:
- treatment was negligently provided;
- the Clinic failed to exercise reasonable care and skill;
- the contract was breached; or
- a refund is due.
Nothing in this provision restricts any remedy available where the Clinic has actually failed to comply with its statutory or contractual obligations.
33. Statutory remedies
Nothing in these Terms removes a statutory entitlement to:
- repeat performance;
- price reduction;
- refund;
- damages; or
- another remedy
where applicable law provides that remedy.
The Clinic will not retain money which applicable law requires it to refund.
34. Discretionary refunds
The Clinic may agree to a refund, credit, transfer or other concession where there is no legal obligation to do so.
Such a concession is at the Clinic’s discretion.
A discretionary refund, credit, free appointment or goodwill payment:
does not constitute an admission of liability unless expressly stated otherwise.
Where a Client has used part of a discounted package and the Clinic agrees to a discretionary refund, the Clinic may, where fair and lawful, take account of:
- services already supplied;
- the standard individual-session price which applied when the package was purchased where the package discount was genuinely conditional on purchasing the complete bundle;
- benefits already received;
- direct unrecoverable loss caused by cancellation; and
- losses which the Clinic has not reasonably been able to mitigate.
This provision will not reduce a refund or remedy to which the Client is legally entitled.
35. Transfer of treatment packages
Subject to Clinic approval, unused package value may be transferred:
- to another suitable Clinic service;
- to a family member;
- to a friend; or
- to Clinic credit.
The receiving person must satisfy relevant:
- clinical suitability;
- consent;
- assessment;
- safety;
- age; and
- booking requirements.
If the replacement service costs more than the value being transferred, the difference must be paid.
If the replacement service costs less, any remaining value will ordinarily remain as Clinic credit rather than being paid in cash unless otherwise agreed or legally required.
Unless expressly agreed otherwise, a transfer does not restart or extend the original package expiry date.
36. Where treatment becomes clinically inappropriate
Where the Clinic reasonably determines that a particular treatment should no longer continue for clinical or professional reasons, it may, depending upon the circumstances:
- recommend an alternative service;
- modify treatment;
- transfer eligible remaining package value;
- provide Clinic credit;
- extend the package;
- refer the Client elsewhere; or
- provide a refund or other remedy where appropriate or required by law.
The Clinic will not be required to provide treatment which a practitioner reasonably considers unsafe or clinically inappropriate merely because it has been prepaid.
37. Deposits
A deposit may be required to reserve:
- appointment time;
- treatment capacity;
- a package;
- a home visit; or
- another service.
The deposit will normally be credited against the relevant purchase if the service proceeds.
A deposit is not automatically refundable merely because the Client changes their mind or cancels.
Where cancellation occurs, the Clinic may retain an amount to the extent that it reasonably and lawfully reflects:
- lost appointment capacity;
- direct unrecoverable costs;
- losses caused by the cancellation; and
- loss which the Clinic has been unable reasonably to mitigate.
The Clinic will not retain any amount which it is not lawfully entitled to retain.
38. Promotional and gift vouchers
Unless expressly stated otherwise:
Clinic vouchers are valid for 12 months from the date of purchase.
Vouchers:
- cannot ordinarily be exchanged for cash;
- must be used during their validity period;
- remain subject to any specific promotional conditions; and
- may be transferred where permitted by the Clinic.
Where a promotional offer restricts redemption to one voucher per person, that restriction applies.
Nothing in this provision affects statutory rights applicable to a particular voucher purchase, including where a qualifying distance contract applies.
39. FINANCIAL DOCUMENTATION, INVOICES AND RECEIPTS
Invoices, receipts and other financial documentation issued by the Clinic must accurately correspond with the underlying transaction.
The Clinic will not knowingly issue documentation which:
- states that a service was supplied when it was not;
- describes a materially different service from that actually supplied;
- records an amount materially different from the amount actually charged;
- creates a false duplicate transaction;
- inaccurately changes the underlying transaction; or
- otherwise materially misrepresents what occurred.
Maintaining accurate financial documentation is a responsibility which the Clinic takes seriously.
40. Corrected, amended and superseded documents
Where a financial document needs correcting, replacing or amending, the Clinic may identify previous versions as:
“superseded”, “replaced”, “corrected” or otherwise no longer current.
A superseded invoice or other document should not be represented as though it records an additional separate transaction where it does not.
41. Requests for further financial documentation
Where:
- one or more invoices or financial documents have already been issued; and
- the Client later requests further, amended, replacement or additional documentation,
the Clinic may require reasonable verification of the status or use of earlier documentation before issuing anything further.
Where reasonably necessary and lawful, verification may be undertaken through an appropriate:
- insurer;
- reimbursement provider;
- claims representative;
- payer;
- professional adviser; or
- other authorised channel.
Any such processing or disclosure will remain subject to applicable confidentiality and data-protection requirements.
PART D – DOMICILIARY AND HOME-VISIT SERVICES
42. Home and domiciliary appointments
The Clinic may provide services at:
- the Client’s home;
- workplace;
- residential setting;
- care setting; or
- another agreed location.
Domiciliary appointments remain subject to:
- practitioner availability;
- geographical coverage;
- clinical suitability; and
- reasonable access.
43. Safe access and environment
The Client, or the person arranging the visit, must provide reasonably accurate information concerning the location and any circumstance materially relevant to safe access or treatment.
Reasonable arrangements may be required concerning:
- access to the premises;
- parking;
- stairs;
- lifts;
- mobility access;
- available treatment space;
- lighting;
- temperature;
- pets;
- smoking;
- infection risks;
- aggressive or unsafe persons;
- hazardous conditions; and
- other material environmental risks.
The practitioner may decline, stop or rearrange the appointment where they reasonably consider the location or circumstances unsafe or unsuitable.
44. Charges where a home visit cannot proceed
Where a practitioner attends the agreed location but treatment cannot proceed because reasonable:
- access;
- safety;
- information; or
- environmental arrangements
have not been provided, the Clinic may apply a cancellation or attendance charge to the extent that this reasonably and proportionately reflects the loss caused.
45. Home-visit travel charges
Additional charges may apply for:
- travel;
- mileage;
- parking;
- congestion charges;
- tolls;
- extended travel time; or
- other agreed travel-related costs.
Such charges will be communicated before the service where required.
46. Other people present during domiciliary treatment
The Clinic may ask for another responsible person to be present where reasonably required for:
- safety;
- safeguarding;
- communication;
- mobility assistance; or
- clinical reasons.
The presence of relatives, carers or other individuals remains subject to:
- the Client’s rights;
- confidentiality;
- clinical appropriateness; and
- safeguarding requirements.
PART E – FACTUAL CLINICAL AND WITNESS-OF-FACT REPORTS
47. Factual reports
The Clinic may provide:
- factual clinical reports;
- treatment summaries;
- attendance information; or
- witness-of-fact reports
based upon the Clinic’s records and/or matters directly observed by the relevant practitioner.
Unless expressly agreed otherwise, these reports are intended to provide factual clinical information.
48. Reports are not automatically expert evidence
Unless the practitioner has separately and expressly accepted an appropriate expert instruction, a factual clinical or witness-of-fact report does not constitute an expert opinion on matters such as:
- legal liability;
- negligence;
- complex causation;
- legal responsibility for an accident;
- future financial loss;
- compensation entitlement;
- long-term medical prognosis outside the practitioner’s ordinary factual assessment; or
- another issue requiring separately instructed expert evidence.
49. Accuracy of factual reports
The Clinic will only include information which it reasonably considers:
- accurate;
- relevant;
- professionally appropriate; and
- supported by the clinical record or the practitioner’s own knowledge.
The Clinic will not alter, omit or invent factual information merely because doing so would assist one party’s legal, insurance or compensation position.
50. Authority for reports
A person requesting a report must provide sufficient information for the Clinic to establish, where appropriate:
- who is requesting it;
- whose information is involved;
- the purpose of the request;
- what information is required;
- where it is to be sent; and
- the authority or other lawful basis permitting disclosure.
The Clinic may require written authority from the Client before disclosing confidential clinical information unless another lawful basis applies.
51. Report fees
A reasonable fee may be charged for professional work involved in preparing:
- factual clinical reports;
- witness-of-fact reports;
- tailored treatment summaries;
- supplementary factual responses; or
- related professional work,
where such a fee is lawful and has been communicated as appropriate.
This does not permit the Clinic to charge for exercise of a data-protection right where applicable law requires that right to be provided free of charge.
52. Report completion times
Any estimated completion date is an estimate unless the Clinic has expressly accepted a particular deadline.
The Clinic is not responsible for delay caused by matters reasonably outside its control, including where further:
- authority;
- information;
- record review; or
- clarification
is reasonably required.
53. Requests outside the practitioner’s role
A request for a factual report does not require a practitioner to:
- speculate;
- provide an unsupported opinion;
- go beyond their professional competence;
- give an opinion beyond their records or recollection; or
- adopt wording supplied by a solicitor, insurer, Client or another person which the practitioner considers inaccurate or misleading.
54. Court attendance and legal proceedings
Where a practitioner is requested or required to attend:
- court;
- tribunal;
- conference;
- hearing;
- deposition or equivalent process; or
- another legal proceeding,
this will ordinarily be treated separately from the preparation of a factual report.
Separate fees and arrangements may apply except where applicable law or a binding court order provides otherwise.
55. Expert medico-legal work
Where a practitioner is specifically instructed to provide expert evidence for legal proceedings, that instruction must be separately agreed.
Any such work will be governed by the applicable:
- professional obligations;
- court rules;
- expert duties; and
- separate terms of instruction.
A routine factual report should not be treated as acceptance of an expert instruction.
PART F – CONDUCT, COMPLAINTS AND PROFESSIONAL RELATIONSHIP
56. Respectful conduct
Clients must behave reasonably and respectfully toward:
- practitioners;
- Clinic staff;
- other Clients;
- visitors; and
- Clinic property.
The Clinic may act where conduct includes:
- violence;
- threats;
- harassment;
- discriminatory abuse;
- persistent abusive communication;
- sexual misconduct;
- deliberate property damage;
- fraud;
- serious disruption; or
- conduct presenting a safety risk.
57. Hygiene and treatment suitability
Clients should attend appointments in a condition reasonably suitable for safe and professional treatment.
The Clinic may postpone or decline treatment where matters including:
- significant hygiene concerns;
- intoxication;
- infectious risk;
- unsafe behaviour; or
- another relevant circumstance
make treatment inappropriate or unsafe.
Any payment or cancellation consequence will be dealt with reasonably in the circumstances and subject to applicable law.
58. Personal belongings
Clients remain responsible for taking reasonable care of personal belongings brought onto Clinic premises.
The Clinic is not responsible for loss, theft or damage except to the extent that it was caused by the Clinic’s negligence or where liability cannot lawfully be excluded.
59. Breakdown of the professional relationship
The Clinic may decline or terminate future non-urgent services where, acting reasonably:
- trust has materially broken down;
- safe or appropriate treatment cannot continue;
- professional boundaries have been seriously breached;
- abusive or threatening behaviour has occurred;
- treatment is no longer clinically appropriate;
- payment obligations remain materially unresolved; or
- another substantial reason makes continuation inappropriate.
The Clinic will act consistently with applicable professional obligations.
60. Remaining prepaid services following termination
Where prepaid services remain unused after the Clinic ends the professional relationship, the remaining financial position will be considered according to:
- why the relationship ended;
- services already supplied;
- any breach by the Client;
- any reasonably incurred and unmitigated loss;
- available alternative services; and
- applicable consumer law.
Nothing in these Terms allows the Clinic automatically to retain money which applicable law requires to be returned.
61. Complaints
The Clinic maintains an internal complaints procedure.
Clients are encouraged to raise concerns promptly so that the Clinic has a reasonable opportunity to:
- investigate;
- review contemporaneous records;
- speak with relevant staff;
- obtain clarification;
- respond; and
- where appropriate, offer a resolution.
A complaint does not automatically create a right to a refund.
62. Goodwill measures
During a complaint or dispute, the Clinic may offer measures such as:
- a free assessment;
- second opinion;
- additional appointment;
- referral letter;
- fee waiver;
- package extension;
- Clinic credit; or
- another goodwill measure.
A goodwill measure does not constitute an admission of liability unless expressly stated otherwise.
63. Data-protection complaints
Complaints specifically concerning the Clinic’s processing of personal information are handled under the data-protection complaints arrangements described in the Clinic’s Privacy Notice.
64. ADR and other complaint-resolution arrangements
The Clinic operates its own internal complaints procedure.
The Clinic is not required to participate in an Alternative Dispute Resolution scheme merely because a Client remains dissatisfied with the outcome of an internal complaint.
Where the Clinic is required to participate in an ADR or other complaint-resolution arrangement because of:
- applicable legislation;
- a term of the relevant consumer contract; or
- another contractual arrangement binding on the Clinic,
the Clinic will provide information about that arrangement when required by applicable law.
Nothing in this section restricts a Client’s right to pursue an available legal remedy.
65. Reviews and public statements
The Clinic welcomes honest feedback and lawful reviews.
Nothing in these Terms prevents a Client from:
- expressing an honest opinion;
- making a lawful complaint;
- seeking legal advice;
- contacting a professional or statutory body;
- exercising lawful payment-dispute rights; or
- pursuing statutory rights.
The Clinic nevertheless reserves all rights available under applicable law in respect of conduct such as:
- threats;
- harassment;
- fraud;
- malicious falsehood;
- unlawful disclosure;
- actionable false statements; or
- other unlawful conduct.
The Clinic may respond to public reviews where appropriate but will seek to do so consistently with confidentiality, professional and data-protection obligations.
66. Chargebacks and payment disputes
Clients are strongly encouraged, where reasonably practicable, to raise a payment concern with the Clinic first so that it can be investigated.
This does not restrict any lawful:
- chargeback right;
- Section 75 right;
- court remedy;
- regulatory complaint; or
- statutory consumer right.
Where payment for future non-urgent services is reversed, withheld or genuinely disputed, the Clinic may reasonably suspend the affected future services while the payment position is established.
The Clinic will not impose a penalty merely because a Client lawfully exercises a payment-dispute right.
PART G – PRIVACY, COMMUNICATIONS AND TECHNOLOGY
67. Data protection and confidentiality
The Clinic processes personal information, health information and clinical records in accordance with:
- applicable data-protection law;
- applicable confidentiality requirements;
- professional obligations; and
- the Clinic’s Privacy Notice.
The Privacy Notice explains matters including:
- information collected;
- purposes of processing;
- lawful bases;
- health information;
- recipients;
- international transfers;
- retention;
- rights;
- complaints;
- AI-assisted processing;
- call recording where applicable; and
- other data-protection matters.
Acceptance of these Terms does not mean that every type of personal-data processing is based upon consent.
68. Confidential information
Clinical and other confidential information may be used or disclosed where appropriately authorised or where otherwise lawfully permitted or required, including where relevant for:
- healthcare;
- referrals;
- safeguarding;
- legal obligations;
- legal claims;
- regulatory obligations;
- prevention or investigation of fraud or inaccurate claims;
- verification of documentation; or
- another lawful purpose.
Any such processing or disclosure remains subject to applicable law and professional confidentiality requirements.
69. Service and administrative communications
Clients are responsible for providing reasonably accurate and current contact information.
Clients should notify the Clinic where relevant contact details change.
The Clinic may use contact details for appropriate service communications, including:
- booking confirmations;
- reminders;
- cancellations;
- appointment changes;
- payment information;
- invoice communications;
- administrative enquiries;
- complaint correspondence;
- service follow-up; and
- communications reasonably connected with the service.
Communications may take place through:
- telephone;
- SMS;
- email;
- authorised messaging systems;
- online booking systems; or
- AI-assisted systems.
70. Service communications are not marketing consent
Necessary or appropriate administrative communications concerning an existing enquiry, booking, service or contract are distinct from direct marketing.
Agreeing to these Terms does not constitute blanket consent to receive direct marketing.
Marketing communications will only be sent where permitted by applicable law.
Clients may opt out of direct marketing.
71. AI-assisted communications
The Clinic may use AI-assisted systems for administrative purposes such as:
- answering general enquiries;
- providing general service information;
- booking;
- appointment changes;
- reminders;
- routine follow-up;
- administrative messages;
- transcription;
- summarisation; and
- customer-service assistance.
AI-assisted systems do not replace professional clinical judgement.
They are not authorised to make autonomous:
- diagnoses;
- treatment decisions; or
- other clinically significant decisions.
A Client may request human assistance where reasonably practicable.
72. AI transcription and call recording
AI-assisted telephone or communication systems may electronically process spoken or written information, including through speech-to-text transcription or summarisation.
The use of transcription or speech processing does not necessarily mean that call audio is recorded or retained.
Where call audio itself is recorded and retained, appropriate notice will be provided at or before recording as required.
Further details are contained in the Clinic’s Privacy Notice.
73. Third-party service providers
The Clinic may use third-party providers for functions such as:
- hosting;
- booking;
- communications;
- AI services;
- payment processing;
- IT;
- analytics; or
- other operational services.
Use of personal information through those providers is governed by applicable data-protection arrangements as described in the Privacy Notice.
Independent third-party services may also have their own terms.
Nothing in this provision removes any responsibility which applicable law places upon the Clinic.
PART H – WEBSITE TERMS
74. Website use
The Clinic’s website may be used for lawful personal purposes.
Users must not:
- damage or interfere with the Website;
- introduce malware;
- gain unauthorised access;
- interfere with another person’s use;
- impersonate another person;
- use automated methods unlawfully;
- scrape or reproduce substantial content without permission;
- breach intellectual-property rights; or
- use the Website for unlawful or fraudulent purposes.
75. Intellectual property
Unless otherwise stated, website:
- text;
- branding;
- graphics;
- photographs;
- video;
- educational materials;
- downloadable material;
- design;
- logos; and
- other original content
are owned by or licensed to 5 STAR CLINIC LTD.
They are protected by applicable intellectual-property law.
Users may access Website material for ordinary personal and non-commercial purposes.
Commercial reproduction requires permission unless applicable law provides otherwise.
76. Linking and framing
Users may link to publicly accessible Website pages in a fair and lawful manner which does not falsely suggest:
- association;
- approval;
- sponsorship; or
- endorsement
by the Clinic.
Substantial parts of the Website must not be framed, embedded, copied or incorporated into another website or service without permission unless permitted by law.
77. Material deliberately submitted for publication
Where a person deliberately provides material to the Clinic specifically for publication, such as an approved:
- testimonial;
- photograph;
- article;
- comment; or
- contribution,
the person grants the Clinic a non-exclusive licence to use that material for the purpose for which it was supplied.
An ordinary private email, complaint, clinical communication, text message or confidential communication does not give the Clinic a blanket licence to publish or commercially exploit that material.
Personal information remains subject to applicable data-protection and confidentiality requirements.
78. Website accounts
Where Website or booking functionality permits creation of an account, users should provide reasonably accurate information.
Users must not knowingly:
- impersonate another person;
- provide fraudulent registration information; or
- gain unauthorised access to another person’s account.
79. Account security
Users are responsible for taking reasonable steps to keep account login credentials secure.
Suspected unauthorised access should be reported promptly.
The Clinic may reasonably suspend or restrict account access for reasons including:
- security;
- suspected fraud;
- unauthorised access;
- misuse; or
- breach of Website Terms.
Suspending an online account does not automatically terminate a separate healthcare contract or remove statutory rights.
80. General health information
Website, blog, social-media and downloadable health information is provided for general educational and informational purposes.
It is not a substitute for individual:
- assessment;
- diagnosis;
- clinical treatment;
- medical advice; or
- emergency care.
General exercises or health information may not be suitable for every person.
A person should obtain appropriate professional advice where their health circumstances make this necessary.
81. Website information and accuracy
The Clinic takes reasonable care when preparing Website information.
However:
- clinical knowledge develops;
- information may become outdated;
- individual circumstances vary;
- technical errors may occur; and
- Website material may be updated.
The Clinic does not guarantee that general Website information will remain permanently current or suitable for every individual.
Where information forms part of a consumer contract and applicable law treats it as binding, statutory rights remain unaffected.
82. Website security and availability
The Clinic takes reasonable measures concerning Website security but cannot guarantee that internet services will always be:
- uninterrupted;
- error-free; or
- entirely free from malicious software or third-party technical risks.
Users are responsible for maintaining appropriate security on their own devices.
The Clinic may update, suspend or restrict Website functionality for:
- maintenance;
- security;
- technical;
- legal; or
- operational reasons.
Nothing in this clause excludes liability which cannot lawfully be excluded.
83. Third-party websites
The Website may contain links to independently operated websites or services.
A link does not necessarily mean that the Clinic:
- controls;
- sponsors; or
- endorses
the third party.
Independent third parties may have their own:
- terms;
- privacy notices;
- security practices; and
- commercial arrangements.
The Clinic is not responsible for matters wholly within an independent third party’s control except where applicable law provides otherwise.
PART I – DISTANCE AND OFF-PREMISES CONTRACTS
84. Application of this Part
This Part applies where a contract is legally treated as a qualifying:
- distance contract; or
- off-premises contract.
This may include certain contracts concluded entirely:
- online;
- by telephone; or
- away from the Clinic’s business premises.
It does not ordinarily apply to a treatment package which is discussed, agreed and purchased face-to-face at the Clinic.
85. Statutory cancellation period
Where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to a service contract, the Client will normally have the applicable statutory cancellation period, which is generally 14 days after the service contract is entered into.
The Client does not need to give a reason for exercising a statutory cancellation right.
86. Starting services during the cancellation period
Where a Client wishes the Clinic to begin providing a qualifying service during the statutory cancellation period, the Clinic may require the Client expressly to request early performance.
If the Client then lawfully cancels after performance has begun, the Client may be required to pay the proportionate amount for services actually supplied where applicable statutory requirements have been satisfied.
87. Completion during the cancellation period
Where a qualifying service has been fully performed during the statutory cancellation period following the Client’s legally sufficient request and acknowledgement, the statutory cancellation right may end as provided by law.
88. Suggested early-performance acknowledgement
Where applicable, the Clinic may request confirmation substantially in the following form:
“I expressly request that 5 Star Clinic Ltd begin providing the service during the statutory cancellation period. I understand that if I cancel after performance has begun, I may be required to pay for the proportion of the service already supplied, and that where the service has been fully performed in accordance with the statutory requirements, my right to cancel may end.”
PART J – DIGITAL CONTENT AND GOODS
89. Digital content
Where the Clinic supplies paid digital content, applicable consumer rights relating to digital content will apply.
Where the law allows a statutory cancellation right to be lost once digital supply begins, the Clinic will obtain any consent or acknowledgement legally required before relying upon that loss of cancellation rights.
Nothing in these Terms excludes statutory remedies for digital content which does not meet applicable legal requirements.
90. Physical goods
Where the Clinic sells physical goods or products, statutory rights applying to those goods remain unaffected.
Goods supplied to consumers must satisfy applicable legal requirements including, where relevant, requirements concerning:
- satisfactory quality;
- fitness for a disclosed purpose; and
- conformity with description.
An in-clinic purchase does not automatically carry a contractual change-of-mind return right unless expressly offered by the Clinic.
Distance-purchased goods remain subject to any applicable statutory cancellation rights.
PART K – GENERAL LIABILITY AND OPERATIONAL TERMS
91. Force majeure
The Clinic will not be responsible for failure or delay caused by circumstances genuinely beyond its reasonable control, including matters such as:
- severe weather;
- utility failure;
- major technical outage;
- public-health emergencies;
- industrial action;
- emergency;
- legal restriction; or
- similar circumstances.
The Clinic will take reasonable steps to resume performance.
This provision does not entitle the Clinic indefinitely to retain payment for services which ultimately cannot be supplied where applicable law requires another remedy.
92. Liability which cannot be excluded
Nothing in these Terms excludes or restricts liability which cannot lawfully be excluded or restricted, including where applicable liability for:
- death or personal injury caused by negligence;
- fraud;
- fraudulent misrepresentation;
- breach of statutory consumer rights;
- failure to provide services with reasonable care and skill; or
- another liability which applicable law prevents the Clinic from excluding.
93. Matters outside the Clinic’s responsibility
Subject to the previous section, the Clinic is not responsible for loss to the extent that the loss results from:
- inaccurate or incomplete information supplied by the Client;
- failure to follow reasonable professional advice;
- misuse of treatment recommendations;
- deliberate Client conduct;
- actions of an unrelated third party; or
- circumstances outside the Clinic’s reasonable control.
94. Foreseeable loss
Subject to liability which cannot lawfully be excluded, the Clinic is not responsible for loss resulting from a breach where that loss was not reasonably foreseeable when the relevant contract was made.
PART L – CONTRACT ADMINISTRATION
95. Acceptance of these Terms
Where these Terms are provided or made reasonably available to the Client before the relevant contract is entered into, they may form part of the agreement through:
- signing the Clinic’s consent/onboarding documentation;
- signing a package purchase acknowledgement;
- completing an appropriate booking process;
- agreeing to the Terms electronically; or
- another legally effective method of acceptance.
A link to these Terms may be provided in the Clinic’s signing or booking documentation.
96. Important terms and signed acknowledgement
Where appropriate, the Clinic may separately draw attention to key terms concerning:
- package refunds;
- package expiry;
- cancellation and non-attendance charges;
- absence of guaranteed clinical outcomes; and
- other significant terms.
Any short key-terms acknowledgement operates alongside these full Terms and does not replace them.
97. Entire agreement
Subject to applicable law, the relevant contract may consist of:
- these Terms;
- the consent/onboarding form;
- package acknowledgement;
- booking information;
- written price information;
- specific package information; and
- any other express written terms agreed for the particular service.
Nothing in this clause excludes:
- fraud;
- fraudulent misrepresentation;
- statutory rights; or
- a statement which applicable consumer law treats as binding.
98. No oral variation clause does not override consumer law
The Clinic encourages any material contractual variation to be confirmed in writing so there is a clear record of what has been agreed.
However, nothing in these Terms is intended improperly to exclude the legal effect of any statement or agreement which applicable law treats as binding.
99. Changes to these Terms
The Clinic may update these Terms for:
- future bookings;
- future package purchases;
- future Website use; and
- future contracts.
The version applying to an existing contract will normally be the version in effect when that contract was made unless:
- the parties lawfully agree otherwise; or
- a change is required by law.
Publishing new Terms on the Website does not by itself retrospectively rewrite an existing consumer contract.
100. Record of applicable version
The Clinic may retain a record of:
- the version of these Terms in force;
- the date of acceptance;
- the relevant consent/onboarding documentation; and
- associated contractual records
for legitimate contractual, legal, evidential and regulatory purposes in accordance with the Privacy Notice.
101. Assignment and transfer
The Clinic may transfer its contractual rights or obligations as part of a legitimate:
- business sale;
- restructuring;
- transfer of operations; or
- similar arrangement,
provided that doing so does not reduce the Client’s statutory rights.
A Client may not transfer a service contract to another person except:
- through the package-transfer provisions above;
- where the Clinic agrees; or
- where applicable law provides otherwise.
102. Third-party rights
Except where these Terms expressly provide otherwise, a person who is not a party to the relevant contract has no independent right to enforce it.
This does not affect any right available under applicable law independently of these Terms.
103. Severability
If any part of these Terms is found to be:
- unlawful;
- invalid; or
- unenforceable,
the remaining provisions will continue to apply so far as legally possible.
104. No waiver
If the Clinic does not enforce a contractual right on one occasion, this does not necessarily amount to a permanent waiver of that right.
A discretionary exception or concession does not automatically create an entitlement to the same exception in future.
105. Governing law
These Terms are governed by the law of England and Wales.
The courts of England and Wales will have jurisdiction, subject to any mandatory consumer right to bring or defend proceedings in another court provided by applicable law.
106. Contact details
Questions concerning these Terms may be sent to:
5 STAR CLINIC LTD
Ground Floor
49 Garstang Road
Preston
PR1 1LB
Company number: 11544941
Telephone: 07537 824848
Email: 5starclinicenquiries@gmail.com
