Terms of Service
At Kalsi & Kalsi, our aim is to empower patients to live long, healthy and prosperous lives in a sustainable and natural way by eradicating chronic disease, weaning drug use and developing positive lifestyles.
Please read these terms carefully so that you understand them. These terms cover all the services we provide to you through our clinic(s) or via our healthcare app (“App”) and Website.
Any reference to “Kalsi & Kalsi”, “Kalsi Health”, “our”, “us” and “Company” are references to Kalsi & Kalsi™ and Kalsi Health Ltd, a limited company registered in England and Wales (company number 11550868), the registered office being 85 Great Portland Street, London, W1W 7LT.
When you use our Services, our healthcare practitioners will serve you from the UK.
These terms include details on our complaints procedure and what is required from you to provide the Services. By making a booking, you accept these terms. We may update the terms from time to time, and if your rights change we will always notify you of this.
All of our work is conducted in order to do right by you the patients so we hold ourselves to the highest legal and ethical standards without compromise. We value hearing from you so if you have any questions or ideas, or if you need to provide notice to us, don’t hesitate to get in touch by emailing [email protected]
We would like to remind you that:
- We provide health and medical advice via our clinic(s), video consultation platform (Doxy) and messenger app (Telegram).
- If you think you have a medical emergency, you should call your doctor or the emergency services immediately.
- We need certain information from you in order to provide services (see section C)
- We can’t take responsibility for laws outside the UK and governing access to our services. Some of our services are specifically designed for use in the UK and if you use them elsewhere you should check in your country or region that it is appropriate and lawful for you to do so (see sections F and I).
- Our services are not suitable for managing medical emergencies (see section B).
- Our services are not suitable for unrestricted use by persons under 16 (see section F).
A) ABOUT US
About us and our services
We provide clinical services via our clinic(s), video and audio consultations with our Practitioners (“Clinical Services”), and information through our website. Our Services include healthcare consultations and information services. Our Clinical Services are provided using qualified medical professionals and health coaches (“Practitioners”) based in the UK.
B) OUR SERVICES
What our services cover, and what you need to check yourself when you use our services
- We provide our services using our clinic(s), video consultation platform (Doxy), messenger app (Telegram), website, and communication methods such as email. Our services include:
- remote video and voice consultations with our Practitioners;
- the ability to ask questions of our healthcare professionals;
- where appropriate through use of our Clinical Services, our practitioners may suggest lifestyle changes and supplements, advise on deprescribing medicines which should be done in collaboration with your GP but not on prescribing further medicines or the need for operations (see section I);
- access to healthcare records we hold; and
- access to other digital healthcare tools that provide health and lifestyle information.
- Some medical conditions are not suitable for clinic or remote consultations via our Clinical Services, and you should always seek advice from another medical practitioner if you are unsure about whether you have been able to explain or communicate your medical needs through our Clinical Services, or if you have any concerns about the advice you receive from us or if it is different from other advice you have received. All services are currently only provided in English.
- You should not use our services in an emergency, or if you have a condition that you know will require a physical examination.
- Except for our Clinical Services where we provide lifestyle medical advice, all our other services provide healthcare information and not medical advice, diagnosis and/or treatment. They provide information to you based on information entered. They do not diagnose your own health condition or make treatment recommendations for you. Our information services are not a substitute for a doctor or other healthcare professional. You shouldn’t take or stop taking any action (such as taking medicines) based on information from our information services. We make no warranties in relation to the output of our information services.
- We strongly encourage you to discuss any information you receive from us with your GP or usual medical practitioner.
- We provide our Clinical Services using reasonable skill and care from appropriately qualified, and experienced, staff and Practitioners. If you think that our services have not met this standard, please contact us as soon as possible. We will fix or re-perform, without charge, any services we agree do not meet this standard.
- Practitioners are doctors registered with the General Medical Council and qualified health coaches (registration numbers available on request), who have committed to provide services in accordance with clinical best practice and applicable professional standards.
- Practitioners will not prescribe medicines but may suggest suitable medications and/or supplements for over the counter purchase or prescription via your GP.
- While many patients will see huge benefits with lifestyle changes, we cannot guarantee any particular outcomes for clients. We accept no liability for any claims as to the potential success of lifestyle changes in curing or treating disease.
C) WHAT WE NEED FROM YOU IN ORDER TO PROVIDE SERVICES
We can’t provide our services without certain information and other things from you
- We can only provide the services in accordance with these terms if you provide us with the information we need in order to help you. You must be careful that:
- any information you give to us or a Practitioner, or enter into the apps used or website is accurate and in English;
- if you have any concerns about the information we provide you or any information in the apps or the website, you seek further medical advice;
- you follow any instructions you are given by Practitioners;
- you follow any instructions regarding the use of any medicines or healthcare products we recommend (including in respect of use-by dates);
- you report any adverse or unexpected effects of treatments we recommend to us;
- you keep any medicines or supplements we suggest to you securely and do not allow others (especially children) to use them;
- you tell us if any of our information about you is or becomes inaccurate or incomplete; and
- you use our services only for yourself, unless you are helping a child further to section F.
- We rely on an accurate record of your use of services in order to do this. Please do not therefore register more than once for our services.
D) TECHNICAL REQUIREMENTS FOR USING OUR APPS
The apps are software provided by people other than the company, and use certain data that you provide to them in order to work
- Please see the Calendly, Doxy and Telegram (“the Apps”) websites for the device and internet requirements.
- We recommend that if you are using a wireless network to access the app, you avoid use of public wi-fi facilities in favour of a personal wi-fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the apps are password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.
- From time to time, updates to the apps may be made available to you. We recommend that you use the latest version of the Apps at all times, to take advantage of the latest enhancements. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the app and accepted any new terms.
E) REGULATION OF OUR SERVICES
Accessing our services outside the UK
- Our services are available to adults, and to children in accordance with section F.
- Our Clinical Services (clinic, video and/or audio appointments, and instant messaging) are provided by GMC-registed doctors and qualified health coaches with full DBS clearance.
- If you are accessing our services from outside the UK, you should check whether it is lawful to access our services in the territory where you are. We provide our services in compliance with UK law and regulation, and cannot take responsibility for any differences between those rules and any different rules applying to healthcare services anywhere else.
F) CHILDREN AND OUR SERVICES
Adults can use our services on behalf of children, but children shouldn’t use our services themselves
- Children under 16 may have bookings created for them by a parent or legal guardian, and if the parent or legal guardian supervises the child’s use of our services at all times.
- Young people between 16 and 18 may use our services and create bookings with us, but only if an adult has agreed to use of their credit or debit card for the payment of Charges.
- We may suspend services or terminate user accounts if we reasonably suspect that they are being used in breach of the restrictions in this Section F.
G) PRODUCT SALES
We provide services which may suggest your purchase of products from third party sellers working with us
- You should discuss any necessary tests, supplements or medications with the Practitioner which may be able to be offered through the NHS in the normal way.
- If you order a suggested Product, your contract for supply of a Product is with the Supplier, not with us and the Supplier is responsible for Product sourcing, quality and delivery.
- We will provide details of how to purchase products but any subsequent concerns should be taken up with the Supplier
H) MONITORING SERVICES
What our Monitoring service does, what you can rely on it to provide, and when you shouldn’t use it
- The Apps enable exchange of your health and lifestyle data between you and your practitioner (‘Monitoring’).
- Monitoring services are not a medical device nor should they be used for diagnosis or treatment of any condition. It is intended as an information aid only.
- Data may be input into the Apps for Monitoring manually by you and your Practitioner;
- Monitoring enables the display of data only, is limited to the receipt of data from the above sources, does not provide diagnostic or other advice or recommendations, and does not provide a complete or up to date record of your health at any given time.
- It is your responsibility to update the data stored for Monitoring and to ensure that it is current and up to date. We do not update or monitor the data in your account nor accept responsibility for ensuring that all activity through the Apps are logged for Monitoring.
- Monitoring may make use of data feeds from third party providers which you provide access to. You acknowledge and agree that available data feeds may vary from time to time, that we make no guarantee that any particular data feed will be available or available at a particular time, and that data feeds may require your authorisation in order to be accessible to you via the Apps.
I) OTHER LIMITS ON OUR SERVICE
Other limitations and restrictions on the use of services
- We do not guarantee the availability of any particular Practitioner at any particular time. We will do what we can to arrange a consultation with a Practitioner as soon as possible, but do not guarantee to offer consultations within a particular time. Generally, full assessments are limited to 60 minutes while all other consultations are limited to 30 minutes.
- Practitioners may hold different clinical opinions on the same medical condition or symptoms and, provided these opinions are reasonably held, the fact that two or more Practitioners give different opinions in the course of service provision does not necessarily indicate that our services are defective.
- We do not tolerate abuse or offensive behaviour towards Practitioners.
- Our services are designed to be accessed remotely by any of our customers, and are not designed for non-English speakers.
- We may need to ask you for certain personal information in order to provide our services. If you do not provide this information when requested, we may be unable to provide our services.
- The App have not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the Apps meet your requirements.
- While certain information controlled, generated by, displayed within or stored in the Apps may be helpful in providing warning of certain medical or health conditions or circumstances, the Apps are not designed as, nor may you use it as, a device to detect, diagnose, treat or monitor any medical or health condition or to establish the existence or absence of any medical or health condition.
- We may suspend your access to services or terminate your account with us if your use of services breaches any of these terms.
J) ACCESSING OUR SERVICES
How to access our services, and limitations and other terms concerning access
- Our services are accessed remotely using the internet, data networks and devices which can access the internet (“Infrastructure”) and operate the Apps and our Websites. The Apps and our Websites are available for access using Infrastructure, but we are not responsible for Infrastructure ourselves. If you wish to use the services, you should ensure you have an internet-enabled device and a sufficient internet connection available.
- Technical or security threats or issues affecting the Infrastructure may require us to suspend our services in order to ensure they are secure and/or operating optimally. We will minimise these suspensions, but are not responsible to refund charges or compensate you if they occur, unless they exceed 30 days in aggregate in any 12 month period, in which event you may cancel your agreement with us.
- When you use the Apps or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices, alerts, prompts, information fields or other information via e-mail or through the Apps as is necessary to deliver the services to you.
- We operate anti-virus and malicious software prevention measures on the Websites and our Apps, but we cannot guarantee that our services will always be virus-free. You should ensure that your devices used to access services are protected against viruses and malicious software. You must not use or expose the Apps or the Websites to virus or malicious software contamination.
- You must not attempt to gain unauthorised access to the services, Apps or Websites. Installation of the Apps on a device that has had its operating system compromised by the process of Jailbreaking (Apple iOS) or Rooting (Android) is not permitted and may result in the security of your personal data being compromised.
- Please ensure that you take appropriate security measures with your data when accessing your health and lifestyle data, including but not limited to: password protecting devices, password protecting the Apps used and avoiding using the Apps when around people with whom you do not wish to share your information.
K) CHANGES TO THESE TERMS
What happens if we change these terms
We may need to change these terms sometimes, for example, when the rules regulating our services change, in order to ensure that our services are secure and your information is safe, or when we update or modify our services or our Charges. If we make a change to these terms that affects your rights or obligations, we will notify you.
L) HOW WE MAY USE YOUR PERSONAL INFORMATION
How we use your information
M) LIMITATIONS ON SERVICE PROVISION
Sometimes, you will not be able to receive services – this section explains why
- We may not be able to provide our services if they are affected by events outside our control. We are not responsible to you if this happens, but if it does, we will notify you as soon as we can and take the steps that we reasonably can to minimise the interruption to our services.
- If there is the risk of a delay of more than 2 weeks to service performance, you may cancel your agreement with us (and we may do the same).
N) PRICE AND PAYMENT
How we calculate the price you pay us for our services and how you pay us
- An initial 15 minute consultation call is free; the Kickstarter package, which includes the initial consult, an hour-long assessment and 3x 30-minute follow-up sessions is £499.99; and the Whole 9 Yards package, which includes the initial consult, an hour-long assessment and 6x 30-minute follow-up sessions is £749.99.
- fees must be paid within 7 days of receiving an invoice from us
- the price of our services will be set out on the website at the time of our commitment to provide services. Our prices may change at any time, but price changes will not affect any services that you have already ordered.
- you are responsible for paying the price for our services (“Charges”). Charges exclude VAT, where applicable, unless otherwise stated.
- we will usually charge or invoice you for services at the time you order them. Any amounts charged or invoiced are due and payable upon our invoice being issued unless otherwise specified in these terms or the Apps.
- you can pay for services using a credit or debit card.
O) OUR LIABILITY TO YOU
Because these terms are part of a binding legal agreement, we must compensate you for loss you suffer if our service doesn’t comply with these terms. However, we don’t compensate you for all losses. This section is important as it explains those things.
- If we break any of these terms and you suffer loss or damage, we are responsible for compensating you for that loss or damage if it was a foreseeable result of our breaking of these terms.
- We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaking these terms. Nor will we be liable for indirect, incidental, special or consequential damages.
- Other than our Clinical Services, our software and services are provided on an ‘as is’ basis without a warranty of any kind being provided by us.
- We are responsible for compensating you for personal injury or death caused by our negligence or that of our Practitioners or employees, and for defective products where we are legally responsible for their supply. Subject to doing this, and subject to applicable law, we will not be liable to you for an amount greater than the fees paid to us by you.
- If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not used our reasonable skill and care, we will compensate you or repair the device or content (at our election).
- We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these terms.
- We supply the services for private personal use and we are not responsible for any losses you suffer arising out of the use of the services which are business losses.
- We design our services and use the Apps and the Websites to keep your personal health data secure and it is important that you follow the usage instructions and advice in these terms in order to keep your data safe. We are not liable for loss or unauthorised access to your data where it results from you not following these instructions and advice.
P) OUR BRAND AND CREATIVE MATERIAL
The basis on which you use our Websites and services
- We own copyright and other intellectual property rights in the Website, our services and their content (“Kalsi & Kalsi IPR”).
- You are permitted to use Kalsi & Kalsi IPR in order to receive our services, store it on your device and print copies of it for your personal use. You may communicate material containing Kalsi & Kalsi IPR to your GP or another medical practitioner. You are not permitted to copy, distribute or make any business use of Kalsi & Kalsi IPR. You must not remove or obscure any notices regarding Kalsi & Kalsi IPR.
- The Kalsi & Kalsi mark, logo, combined mark and logo and other marks indicated via the Apps and our Website are our trademarks of the Company or its affiliates in the United Kingdom and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks of other businesses or our affiliates or Partners.
Q) LICENCE AND APP USE
You are allowed to use the Apps but not copy or distribute them
- Please see the Calendly, Doxy and Telegram (“the Apps”) websites for appropriate usage terms.
- You may not use any logo or other proprietary graphic or trademark of ours, our Partners or affiliates without our express written permission.
- The Apps or any Service may contain links to other independent third party websites (“Third party Sites”). Third party Sites are not under our control, and we are not responsible for and do not endorse their content. You will need to make your own independent judgement regarding your interaction with any Third party Sites, including the purchase and use of any products or services accessible through them.
- If any open-source software is included in the Apps, the terms of an open-source licence may override some of the terms set out in this section.
Our cancellation policy
- You may cancel your agreement and package with us at any time. You will be charged the package fee pro rata plus an administration fee of £50 and refunded the difference within 14 days of us receiving your cancellation notice.
- You may end your agreement with us:
- if the services are unavailable for reasons outside our control as set out in section M or for technical reasons as set out in sections D and I;
- if you do not like a change we propose to make to these terms under section K; or
- if we have failed to fix or re-perform services not provided to the standards set out in section C.
- If you end your agreement with us under paragraph 2 of this section and you have a package, we will refund the proportion of the Charges you have already paid reflecting the remaining complete months of the package period at the time of your notice.
- If you want to cancel your agreement under this section, you must give us notice by emailing us at [email protected]
- We may end our agreement with you, subject to applicable regulation:
- if the services are unavailable for reasons outside our control as set out in section M;
- if you do not comply with the conditions on use of services set out in sections C and F;
- if you break any other term of this agreement and do not make good that break within 7 days of when we ask you; or
- if you do not pay us any Charges on time.
S) COMPLAINTS AND DISPUTES
What happens if you have a complaint about our services or disagree with us about anything to do with these terms
- You can always give us feedback on our services by calling or emailing us via the details provided in the ‘Contact’ section below.
- If you have a complaint about our services, we would like to resolve it as soon as possible. Please tell us about your complaint as soon as you can so that we can do this.
- If you wish to make a formal complaint about our services, you should do so as soon as possible by calling or emailing us via the details provided in the ‘Contact’ section below. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly.
- Our Practitioners are registered healthcare professionals, and we will handle your complaint in an appropriate way, as required to do so by the professional rules that apply to our Practitioners and to our services, and following our complaints procedure.
- We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us. If we have done something wrong, we will apologise to you.
- If any disagreement between you and us arises in connection with these terms, we will attempt to resolve it by discussing it with you.
- If we have not resolved a disagreement about these terms, or a complaint about our services, either of us can refer the dispute to mediation in accordance with the Centre for Effective Dispute Resolution’s independent mediation scheme for patients (see https://www.cedr.com/consumer-disputes/healthcare/mediation/introduction).
- You may also submit a disagreement with us for online resolution to the European Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr (or search “odr Europe”).
- These terms are governed by English law and the English courts shall have exclusive jurisdiction to hear any claim arising out of or in connection with these terms or the use of our products and services.
T) OTHER IMPORTANT TERMS
Other provisions explaining how we may exercise our rights under these terms
- If there is any proposed transfer of our rights and obligations under these terms, we will always notify you in writing and this will not affect your rights under these terms.
- As our services are personalised, you may only transfer your rights or your obligations under these terms to another person if we agree.
- The agreement for our services is between you and us, and no-one else. Only you can enforce that agreement (although a parent or guardian may enforce their agreement on behalf of a person under 18 whose use of our services is allowed under section F).