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The Bridge Centre Limited (company number 2042977) (“Bridge” or “we”) General Terms and Conditions
1.1 These terms form a contract between you and Bridge. If you are obtaining storage services from Bridge, Bridge’s Storage Terms and Conditions will also form part of the contract and in the case of conflict will prevail over these terms.
You should read these terms carefully, to make sure they contain everything you wish to form part of the terms and do not contain anything you do not agree to. So, for example, if you have relied on anything Bridge or its employees have said, you need to tell Bridge.
If there is anything you do not understand or you require clarification on any matter, please contact our Clinical Services Manager. However, nothing else will be part of the contract between us unless we have expressly agreed in writing that it forms part of the terms.
1.2 Bridge will (subject to these terms):-
1.2.1 perform services and supply products as it may from time to time agree with you;
1.2.2 perform all services with reasonable care and skill;
1.2.3 use reasonable endeavours to perform its obligations in accordance with such timescales as it may agree with you.
1.3 Please note that the nature of the services being provided are such that:
1.3.1 no guarantee can be given that services will be performed on/within any agreed dates/timescales;
1.3.2 no guarantee can be given that the outcome of services will be successful nor that, in cases where Bridge is endeavouring to assist in the conception of a child, a pregnancy or a live birth will result;
1.3.3 no guarantee can be given that any child born following treatment will be free from defects or disabilities.
1.4 Your attention is drawn to the various written/verbal notices and warnings which have been given, or may be given, to you by Bridge outlining the risks/difficulties of treatment. If there is anything you do not understand, or if you require further copies of anything given to you, please ask. You also acknowledge that you will be required to sign written consents at various stages of your treatment and that the terms of those consents will form part of the basis on which treatment is provided.
1.5 Please note in particular:-
1.5.1 in the case of treatment involving donated eggs/sperm/embryos: (a) no guarantees can be given in respect of any attempt to match the physical characteristics of the recipients, nor that any child born will have any of the stated characteristics of the donor; and (b) Bridge is unable to guarantee the same donor for each treatment cycle or for future siblings;
1.5.2 if you are a national or resident of a country other than the UK or have obtained eggs/sperm/embryos from a foreign donor, the law of other countries regarding parentage may not be the same as it is in the UK.
1.6 Bridge may from time to time give you names of other persons who provide treatments you may wish to use, such as acupuncture and massage. Bridge will use reasonable efforts to only give you the names of persons whose qualifications and/or ability to provide the relevant service Bridge has taken reasonable steps to verify. Subject to that, Bridge does not accept responsibility for any services, treatments and/or products provided by any such person to you nor for the acts or omissions of any such person. All those persons are independent parties acting on their own behalf and not on behalf or as agent or sub-contractor of Bridge. If the person providing the services, treatment or products charges you for them, you will be responsible for payment.
2. Payment in advance
2.1 All services and products provided by Bridge (of whatever nature) and all applicable HFEA fees must be paid for, in full, in advance, failing which Bridge will not provide the relevant service or product.
2.2 Cancellation fees: cancellation fees are charged if you fail to attend any appointment and do not give at least 48 hours notice of your non-attendance. The cancellation fees are set out in Bridge’s price lists as from time to time in force. These fees are payable immediately on cancellation.
2.3 Please note that if you have provided Bridge with details of any credit or debit card, Bridge shall be entitled to collect payments from that card for any invoices rendered by Bridge in relation to services/treatment for you/your partner or otherwise provided to any person at your/your partner’s request.
3. How much is payable?
3.1 Subject to clause 3.2, prices are set out in Bridge’s price lists, which will be provided to you. Bridge’s price lists also specify: (a) certain cases in which you may be entitled to credits, (b) what is included and excluded from certain types of treatments and (c) other matters relevant to prices such as any time limits on prices (for example some prices will only apply if treatment takes place within a fixed time and after that time Bridge can vary the prices).
3.2 Bridge is entitled to vary its prices as it from time to time thinks fit (for example, but without limitation, to reflect any increase in the rate of inflation, increased licensing, administrative or other overhead costs). Bridge will notify you of changes relevant to you. The price you will pay for any product/service will be the price prevailing at the time the product or service is provided. However, if by prior arrangement you have made full payment for services/products to be provided at a later date, then Bridge will not alter that price.
3.3 Bridge will provide receipted invoices for all amounts paid setting out the service or product provided and the price.
3.4 Bridge does not accept payment by cheque. The only accepted methods of payment are: cash, bank transfer (BACS), debit cards (such as Switch), major credit cards (excluding Diners Card and American Express). Payment by credit card may be made over the telephone.
4. Termination of treatment by you
4.1 You may at any time notify Bridge (in writing) that you wish to terminate the provision of any services or products. Please note:-
4.1.1 any payments you have made for services/products not yet provided will be either (a) retained by Bridge and may be used by you to offset the cost of any future services/products to be provided by Bridge to you or (b) if you ask us to, will be refunded to you;
4.1.2 if the reason for your termination of treatment is a valid medical reason and because of this you are not able to obtain services from Bridge or any like services from any other person, then on provision of reasonable medical evidence, Bridge will refund to you any amounts you have paid for services/products not yet provided by Bridge.
In the case of any retentions/refunds under clauses 4.1.1 and/or 4.1.2, Bridge may retain amounts reasonably required to meet (and use those amount to pay) any costs incurred by Bridge and/or which it is otherwise liable to pay and a reasonable amount (£50) to cover Bridge’s administrative costs.
If you are entitled to a refund, Bridge can withhold the refund until you have (if relevant) signed, completed and delivered to Bridge all relevant documentation in relation to destruction or transfer of any material held in storage.
5. Termination by Bridge
5.1 Bridge is entitled in its absolute discretion to cease or refuse provision of services or products to you:-
5.1.1 if any tests or screening carried out in respect of you are adverse, as the result of which Bridge is unable to continue to provide products or services to you or Bridge acting reasonably believes it inappropriate to continue to provide products or services to you;
5.1.2 if you have not paid on time to Bridge any amount you owe Bridge and Bridge has given you at least 30 days written notice requiring you to pay;
5.1.3 in order to comply with any law, regulatory provision or code of conduct;
5.1.4 if you fail to do something reasonably required by Bridge in order to comply with any law regulatory provision or code of conduct.
Bridge will give you reasonable notice of its decision; the length of the notice will vary according to the circumstances. Bridge will refund payments for services/products which have not been provided and which have been paid for in advance, except that Bridge may retain amounts reasonably required to meet (and use those amounts to pay) any costs incurred by Bridge and/or which it is otherwise liable to pay and a reasonable amount (£50) to cover Bridge’s administrative costs.
5.2 Bridge can give you not less than 60 days written notice that it will no longer provide services to you. Bridge will refund payments for services/products which have not been provided and which have been paid for in advance, except that Bridge may retain amounts reasonably required to meet (and use those amounts to pay) any costs incurred by Bridge and/or which it is otherwise liable to pay and a reasonable amount (£50) to cover Bridge’s administrative costs.
5.3 Notwithstanding any other provision of these terms, if you are entitled to a refund Bridge can withhold the refund until you have (if relevant) signed, completed and delivered to Bridge all relevant documentation in relation to destruction or transfer of material held in storage.
6. Private Health Insurance
You are liable to pay Bridge in full for all services/products. This is the case even if a third party or any insurance company may be liable to reimburse or pay those amounts. If you need Bridge to sign any claim forms in order to reclaim any amounts from your insurance company or any third party, please discuss this with our Patient Accounts Manager who will assist as appropriate.
All amounts must be paid in full without set-off deduction counterclaim or any other withholding. You will be liable to pay interest on any amount not paid when due at the rate of 2% above the base rate from time to time of Barclays Bank plc from the due date until payment in full before and after judgement.
8. Notices and Change of contact details
8.1 You must at all times keep Bridge up to date as to your address and other contact details. You must inform Bridge in writing as soon as possible of any change in these details. It is essential that you comply with this obligation. Bridge will correspond with you at your last known contact details; if you do not keep them up to date you may not actually receive correspondence, but it will still be regarded as having been received by you. A consequence of this may be that material held in cryopreservation may be destroyed.
8.2 Notices by Bridge may be delivered personally, sent by first class or recorded delivery post, fax or e-mail. Such notices are deemed served (respectively): when delivered to you, on the 3rd day after posting (excluding weekends and English public holidays) and on completion of the fax transmission or sending of the relevant email (provided no “not sent” or “not received” message is received in the case of notices sent by fax or e-mail).
8.3 You may serve a notice on Bridge by first class or recorded delivery post, personal delivery or fax. You must send these to our principal place of business from time to time or our current fax number at that place of business. Such notices will be regarded as served as mentioned in clause 8.2.
9. Bridge Insurance and Limitations
9.1 Bridge does not exclude or limit its liability for (i) fraud, (ii) death or
personal injury arising out of its negligence, (iii) defective products under the Consumer Protection Act 1987, (iv) anything in respect of which it would be unlawful or illegal for Bridge to exclude or limit its liability or (v) anything if that would breach any mandatory rules of the Human Fertilisation and Embryology Authority (include its Code of Practice). Bridge does not exclude or limit its liability in respect of any of the matters referred to in sections 6 and 7 of the Unfair Contract Terms Act 1977. Nothing in these terms or in any consent form signed by you shall be taken as any such exclusion or limitation.
9.2 Subject to clause 9.1 Bridge’s entire liability to you shall not exceed £50,000 (Fifty Thousand Pounds) for any event or series of connected events and a total of £100,000 (One Hundred Thousand Pounds) for all events. If this limit on Bridge’s liability is not acceptable to you, you should either not deal with Bridge or take out your own insurance. If you decide to take out your own insurance, Bridge will provide you and your insurance company with such relevant information as may be reasonably required (subject to appropriate confidentiality obligations).
10. My Information
10.1 Bridge has obligations to you under the Data Protection Act 1998 (“DPA”).
10.2 Bridge is the data controller for the purposes of the DPA.
10.3 In order to comply with Bridge’s obligations under the DPA this clause sets out the kind of information Bridge will hold in relation to you and the purposes for which that information will be used.
10.4 Bridge will hold the following kinds of information relating to you:-
• information you give us;
• information given to us by third parties such as health professionals, doctors, your GP or other clinics who have treated you;
• information we obtain in the course of providing services to you.
The above will include, for example, your name and address, date of birth, medical information, treatment details, including results. We call all this information “Your Information”.
10.5 You agree that Bridge can process Your Information in accordance with the DPA and in the following ways:-
• store and process Your Information, manually or electronically in accordance with this clause 10;
• to provide services and products to you;
• disclosure to relevant health professional (e.g. doctors or your GP) or other person (e.g. clinics) who may be assisting us to provide a service to you;
• disclosure to comply with or as permitted by any law, regulatory provision or code of conduct;
• disclosure to relevant regulatory bodies for example the National Care Standards Authority and the Human Fertilisation and Embryology Authority (“the HFEA”). This may include us supplying results or statistics to the HFEA or other regulatory bodies, if we are required to do so;
• disclosure to insurance companies or other persons who may be contributing to treatment costs;
• disclosure to our solicitors or debt collection agencies, for example to collect amounts due or obtain legal advice;
• to inform you about our products and services, unless you have stated on your Registration Form that you do not want us to do this or have written to and said that you do not want us to do this.
10.6 In order to produce services to you, it may be necessary for Your
Information to be transferred outside the European Economic Area. You agree that we can do this as long as we ensure that the person whom we pass the information agrees to treat it with the same level of protection as if we were dealing with it.
10.7 Subject to payment of the charge permitted by the DPA you are entitled to request a copy of personal data we hold in respect of you.
11. Confidentiality , Privacy and Copyright
11.1 You acknowledge and agree that information relating to your dealings with Bridge, anything said or done during your appointments and/or consultations with Bridge, the treatments and advice offered to you or others by Bridge and the business and affairs of Bridge are private and confidential and you will not seek to disclose or publish any such information to any third party without the prior express written consent of Bridge.
11.2 You agree that you will not photograph, record and/or film or cause, direct, procure, assist or authorise anyone else to photograph, record and/or film any matters relating to your dealings with Bridge, anything said or done during your appointments and/or consultations with Bridge, the treatments and advice offered to you or others by Bridge or the business or affairs of Bridge.
11.3 You agree that, if you act in breach of clauses 11.1 and/or 11.2, you will be liable to pay to Bridge all and any loss and damage caused to Bridge as a result of a such breach.
11.4 You agree that, if you photograph, record and/or film and/or if any employee, agent, partner, spouse, nominee or representative of yours photographs, records and/or films any facts, matters or information relating to your dealings with Bridge, anything said or done during your appointments and/or consultations with Bridge, the treatments and advice offered to you or others by Bridge and/or the business or affairs of Bridge, the copyright in such photograph, sound recording and/or film shall be automatically assigned to Bridge and shall be held on trust for Bridge and shall be delivered up to Bridge immediately after the photograph, sound recording and/or film comes into existence. You shall on demand execute all deeds and documents Bridge requires to give full effect to such assignment of copyright and/or trust.
11.5 Bridge agrees that it will not record and/or film the consultations and/or appointments that you attend without your written permission to do so. If Bridge does record and/or film any such consultations and/or appointments all copyright therein shall vest in Bridge.
11.6 Nothing in this agreement prevents you supplying information about your treatment to other medical practitioners in the ordinary course of and in relation to treatment they are providing to you.
12.1 Bridge is entitled to do anything in order to comply with any law regulatory provision or code of conduct (“Regulatory Provisions”) from time to time applicable to it and is not obliged to do any act or thing that would or might be in breach of any Regulatory Provisions.
12.2 You shall not assign your rights and/or liabilities under this agreement in whole or in part. Bridge shall be entitled to assign its rights and/or liabilities hereunder in whole or in part (provided that in doing so, Bridge takes reasonable steps to ensure that this does not reduce the standard of service to be provided to you) and/or to appoint any sub-contractor to perform its obligations. Bridge shall give you notice of any assignment of its rights and/or liabilities, either before or after any such assignment.
12.3 Unless expressly stated otherwise all prices are exclusive of value added tax which (if payable) will be payable in addition at the appropriate rate(s) and at the same time.
12.4 If you or we do not exercise a right (or delay in doing so) that will not stop either of us exercising that right. A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
12.5 Bridge shall not be liable for any delay in performance or non-performance arising out of any cause beyond the reasonable control of Bridge (“an Event Outside Bridge’s Control”) including without limitation act of God, war, riot, civil commotion, terrorism, malicious damage, compliance with any Regulatory Provisions, accident, breakdown of plant, machinery or equipment, failure of or interruption in power supply or any electronic communication, transmission or information system, fire, flood, storm, default of suppliers or sub-contractors or failure or delay of any third party in the performance of its obligations. Bridge will use reasonable endeavours to bring such Event Outside Bridge’s Control to an end and to perform this agreement (to the extent reasonable in the circumstances) despite the existence of such Event
12.6 If a court decides that any part of these terms is not enforceable, that will not affect any other part of the terms.
12.7 These terms shall be subject to the Laws of England and the English Courts shall have jurisdiction.