Tibee Terms And Conditions
Tibee (Tibee.co.uk) is an online therapy service that aims to provide easy access to therapy care for people in the UK aged 55 and over.
Our services are provided by qualified therapists who are accredited and registered by officially recognised panels such as HCPC, BACP, UKCP and BADth. By using our services, you commission our therapists to deliver Tibee services to you in line with these terms and conditions.
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we provide services to you.
1.2. Why you should read them. Please read these terms carefully before you use or make a booking for our services. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Medic Spot Limited trading as Tibee, a company registered in England and Wales. Our company registration number is 10089666 and our registered office is at Medicspot, Iberian Park, Drury Lane, Hastings, TN38 9XP . We are registered with the Care Quality Commission (number 2608070379), the independent regulator of health and social care in England. We are registered with the Information Commissioner's Office (ICO) (registration number: 02660001597).
2.2. How to contact us. You can contact us by calling 02081546955 or by writing to us at info@Medicspot.co.uk or by mail at Medicspot/Tibee, Iberian Park, Drury Lane, Hastings, TN38 9XP
2.3. How we may contact you. If we have to contact you we may do so by telephone or by writing to you at an address (electronic or postal) that you have provided to us. Where you have given us permission to do so, we may communicate through an app or using social media or (when you are in one of our affiliated premises) a clinical station that you are using.
2.4. "Writing" includes emails. When we use the words “writing” or “written” in these terms, this includes emails and other electronic communications.
3. OUR CONTRACT WITH YOU
3.1 You agree that you are a private individual at least 55 years old and are present in the UK at the time you use the Service.
3.2 The medical services in respect of which details are listed on the Service are promoted and provided by Medic spot limited. Our role and responsibility is to ensure that all registered therapists meet the Tibee recruitment process to ensure safe and efficient delivery of care and to ensure that infrastructure to deliver such services is maintained to meet the relevant regulatory and legislative requirements.
3.3 Tibee is an Online therapy service.
3.4 All Tibee services are delivered remotely online through a secure platform and video link. Tibee does not offer face to face in person consultations. By agreeing to these terms and conditions, you consent to have our services delivered to you remotely and not in person.
3.5 To ensure that we deliver a safe remote service to you, Tibee will collect GP details which the therapist will have access to. This is for safeguarding purposes only and a prerequisite to register to use Tibee services and by agreeing to these terms and conditions you provide a consent for a therapist to contact your GP if needed.
3.6 Tibee needs to collect certain information about you to ensure that the service we provide is safe and efficient. This may include some personal information about you, your health conditions, your medications, and any other relevant information needed to provide our services to you. Tibee will ensure that all this information is stored securely and not shared with anyone without your authorisation. Our healthcare professional might share this information without your consent ONLY if they have serious concerns about you or the public.
3.7 Currently, we only provide our services in the UK. Our website is solely for the promotion of our services in the UK. You must be an individual consumer in the UK in order to use our services. Tibee cannot take responsibility for any laws outside the UK regarding access to our services.
4. OUR SERVICES
4.1. We or our therapists may provide any of the following services to you:
4.1.1. Our services are for individuals aged 55 and over in the UK suffering from afflictions such as low mood and anxiety. We are currently not able to offer our services to individuals that are suicidal or are diagnosed with dementia, schizophrenia, and bipolar. This is not an exhaustive list. If uncertain please contact us and we can confirm if we are able to assist.
4.1.2. Our services are provided via remote and online communication methods such as video consultations.
4.1.3. online sessions following completion of a patient questionnaire completed by you
4.2. OUR SERVICES SHOULD NOT BE USED IN THE EVENT OF A MEDICAL EMERGENCY.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER 999 AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELLORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
4.4. Our services are provided by our chosen therapists. The choice of the therapist that will attend your consultation will be at our sole discretion. We may change our chosen therapists from time to time at our discretion.
4.5. The services that we provide are described on our website or mobile application from time to time. We reserve the right to update these terms from time to time by posting the updated version at Tibee.co.uk. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using the Service.
4.6. Tibee therapists will not be able to prescribe medicines, provide diagnosis, issue notices of health such as sick notes and referrals.
4.7. If we or the therapist determine, in our or their sole discretion, that the services are not suitable for you or your medical need/condition, we or they will inform you of this and may advise you to seek alternative medical advice or treatment.
4.8. In providing our services we are entitled to rely on the information you give us being accurate and complete.
5.1. Consultations will take place via video chat with one of our therapists via your personal device or computer.
5.2. Sessions will last approximately fifty minutes.
5.3 Sessions are confidential and no details should be shared outside of a meeting. All session details and information should be treated by all parties as highly confidential
5.4. Online consultations
5.4.1. You will need to log in to your account on the device or application notified to you or await our video or telephone call using your device at the time at which your consultation is booked.
5.4.2. You are responsible for ensuring that your device is suitable for use of our services, including ensuring that your internet connection is adequate in order to conduct a video meeting. We will not be liable for any failure to use our services that occurs as a result of your device or connection being unsuitable for use of our services.
5.4.3 You are responsible for ensuring that your consultation takes place in a private and confidential location.
6. PROVIDING THE SERVICES
6.1. Subscription service. If we agree to provide our services to you on a subscription basis, we will supply the services to you based on your chosen model.
After the initial term, the subscription will automatically renew for the term length unless and until you notify us in writing or via your account that you wish to cancel your use of the services or unless and until the contract is ended for any other reason pursuant to the terms of this contract. You will no longer be able to receive any benefits of the service after you cancel.
6.2. We are not responsible for delays outside our control. If our provision of any services is delayed by an event outside our or the therapists control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.3. We provide the services to you by setting up an account. When using our services, we will require you to provide certain information about yourself via a form you will need to complete online. This will create an account for you with us. This information you provide is necessary for us to be able to provide the services to you. That information includes, for example, your name, address, age and information relating to your health.
6.4. What will happen if you do not give required information to us. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 13.2. will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. We will not be responsible for services if the information given to us is incomplete or inaccurate.
6.5. You are responsible for providing information, including medical information, which is complete, accurate and up to date. We will not be liable for any loss or damage that you or any third party may suffer as a result of your failure to provide complete, truthful, accurate and up to date information.
6.6. Use of the services. You agree not to use our services for any illegal purpose, to obtain commercially sensitive information or to circumvent our commercial interests or the commercial interests of any of our affiliated premises or our or their staff.
6.7. You understand and agree that any advice are for your own personal use only and that you cannot transfer it to any other person.
7. YOUR RIGHTS TO MAKE CHANGES
7.1. If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If we agree to your requested changes, we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 11 - Your rights to end the contract).
8. OUR RIGHTS TO MAKE CHANGES
8.1. Minor changes to the services. We may change the services:
8.1.1. to reflect changes in relevant laws and regulatory requirements; and
8.1.2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
8.2. More significant changes to the services and these terms. We may decide to make more significant changes to the services that we provide, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not yet received.
9. PRICE AND PAYMENT
9. Price and payment. We will require your card details in preparation of your subscription. At this point you will enter a 30 day free trial period during this time we will arrange you to undergo your free first session. After this first session and with your agreement your subscription will start and be charged according to your plan.
9.1. Where to find the price for the services. The price of the services will be the price indicated on the order pages on our website.
9.2. Subscription service. When paying for use of our services on a subscription basis, you will pay a set weekly, fortnightly or monthly fee which will provide you with the service as long as it is not cancelled (as specified on the website or mobile application at the time of ordering the services). Your first payment will be due before your second session and periodically afterwards (depending on your chosen model) thereafter until the subscription is cancelled. Payment will be taken automatically on each due date for payment from your credit or debit card using the details you provided to us at the time of ordering. Failure to pay may be treated by us as termination of the contract (if you terminate in this way you will not qualify for any reimbursement).
9.3. How you must pay. We accept payment by credit or debit card. Medicspot uses Stripe (www.stripe.com) as a payment processor. Their terms and conditions can be found at https://stripe.com/gb/checkout/legal. Your payment details will only be transferred to and processed by Stripe on their secure system in order to process your payment for our services. We may change our payment processes and if we do so will notify you during the payment process.
9.4. We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
10. YOUR RIGHTS TO END THE CONTRACT
10.1. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 10.1.1. to clause 10.1.3. below the contract will end immediately and we will refund you in full for any services which have not been provided. The reasons are:
10.1.1. we have told you about an error in the price or description of the services you have booked and you do not wish to proceed;
10.1.2. there is a risk that supply of the services may be significantly delayed because of events outside our control; or
10.1.3. you have a legal right to end the contract because of something we have done wrong.
10.2. When you don't have the right to change your mind. You can change your mind before the service or consultation is delivered provided that this is within 14 days of the booking. You may not request a refund after the booked service has started or after the time that you requested the service has expired (even if you did not attend) unless the service is postponed with our agreement or as a result of our failure to be able to provide the service to you.
10.3. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will (subject to these terms and conditions) refund any sums paid by you for services not provided (provided that this request is made within 14 days of you requested the service) but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
11.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
11.1.1. Phone or email. Call us on 02081546955 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.1.2. By post. Write to us at Medicspot, Iberian Park, Drury Lane, Hastings, TN38 9XP, including details of what services you booked and your name and address.
11.2. How we will refund you. We will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.
11.3. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
11.4. Notice of termination. Notice will be effective only at the time that we receive it.
12. OUR RIGHTS TO END THE CONTRACT
12.1. We may end the contract if you break it. In addition to any other rights of termination we may have, we may end the contract at any time by writing to you if:
12.1.1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
12.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
12.1.4. you behave towards us or our therapists, affiliated premises’ staff, in an inappropriate, abusive, violent, offensive, threatening or discriminatory manner or which is otherwise upsetting to any of them
12.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clauses 5 or 12.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
12.3. We may end the contract on notice. Where we have agreed to provide our services to you on a subscription basis, we may end the contract at any time by writing to you if we decide to stop providing the subscription service. We will let you know and will refund any sums you have paid in advance for services which have not yet been provided.
13. IF THERE IS A PROBLEM WITH THE SERVICES
13.1. How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone us on or write to us at email@example.com or Medicspot, Iberian Park, Drury Lane, Hastings, TN38 9XP. If you wish to make a complaint of a medical nature, please go to the complaints page of our website or mobile application and your complaint will be dealt with according to our complaints procedure. Please contact us for a copy of our complaints policy if needed.
13.2. We are under a legal duty to provide services that are in conformity with this contract.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1. How we will use your personal information. We will use the personal information you provide to us:
14.1.1. to provide the services to you; and
14.1.2. to process your payment for the services.
14.2. We may also with your agreement use certain of the personal information you provide to us to market to you. By using our services you agree that we may use your data relating to you on an anonymous aggregated basis.
14.3. Where you provide us with special types of personal information, including information relating to your health or sex life, we will only process such information in so far as it is necessary in order to provide you with health care or treatment or to comply with the law. We will not process this information for any other purpose, including providing it to your personal clinician, without your express consent.
14.4. We will only give your personal information to third parties if it is necessary to complete the service you have requested from us, with your consent or where the law either requires or allows us to do so.
14.5. We will only retain your personal information for as long as is necessary to provide the services to you or in line with standard NHS retention schedules.
15. OTHER IMPORTANT TERMS
15.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2. Force majeure: We shall have no liability to you under these terms if we are prevented from or delayed in performing obligations under these terms by events beyond our reasonable control.
15.3. Update: We may update or change our terms from time to time. The terms that will apply are those in force at the time that services are provided to you. It is your responsibility to check that the terms in place at the time that services are provided to you are acceptable to you.
15.4. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.5. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.6. Entire agreement: These terms constitute the whole agreement between you and us in relation to services we agree to provide you and supersedes any previous agreement between you and us. You acknowledge and agree that in entering into these terms you do not rely on any promise, representation or understanding which is not expressly set out in these terms.
15.7. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.8. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.9. Which laws apply to this contract and where you may bring legal proceedings. These terms and any dispute or claim arising out of or in connection with them or their subject matter or the formation of any agreement between us (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with our dealing with one another (including non-contractual disputes or claims).