Terms & Conditions for Customers These Terms and Conditions govern the facilitation services that The Healthcare Collection Ltd will provide to you and are in addition to the SUR terms of use that apply from time to time to your use of SUR (as defined below).
You should read these Terms and Conditions carefully before using SUR, as by utilising this website and the Facilitation Services, you confirm your acceptance of these Terms and Conditions and your agreement to comply with them. If you do not agree, you should exit SUR and stop using the Facilitation Services immediately.
About us We, The Healthcare Collection Ltd
(“we”, “us”) provide the Facilitation Services to you via SUR. We are a company registered in Scotland under company number SC771114, registered address The Hatrack, 4th Floor, 144 St Vincent Street, Glasgow, G2 5LQ. Our VAT number is GB175306803.
You can contact us:
1.1. In these Terms and Conditions, the following words and expressions have the following meanings:
The Facilitation Services
2.1. The Healthcare Collection Ltd operates SUR, which has been established to facilitate introductions between potential customers and The Healthcare Collection for the provision of various services. Separate SUR terms of use apply to your use of SUR.
2.3. To use the Facilitation Services, you must accept these Terms and Conditions as instructed on SUR, and a contract will be formed between you and us at that point. You must enter into a separate contract with The Healthcare Collection you wish to hire for Services. More information is provided below.
2.4. Upon submitting your request, you will be provided with details of all The Healthcare Collection who may be able to fulfill the criteria you provided. Only The Healthcare Collection will contact you directly, and you can choose to contact The Healthcare Collection yourself.
2.5. You may review the information received from The Healthcare Collection and decide whether or not to engage them. If you engage The Healthcare Collection, you will become their customer and enter into a Customer Contract with them. For clarity, the Services are provided by The Healthcare Collection, not by The Healthcare Collection Ltd.
2.8. The Healthcare Collection Ltd work in partnership with The Healthcare Collection but do not accept liability for the content on its website. The content of the third-party website is the responsibility of The Healthcare Collection. You will need to contract The Healthcare Collection directly for any Services you require from them.
2.9. The Facilitation Services shall be provided to you at no cost.
Important: weightloss-surgeryspecialists.co.uk acts only as a facilitator of the introductions referred to above, and the provision of any Services by a Professional to a Customer will be subject to an entirely separate legal contract. If there are any issues with performance of those Services by The Healthcare Collection, you will have legal rights of redress against The Healthcare Collection directly, and not against SUR or The Healthcare Collection Ltd.
3. Ending our contract: You can always end your contract with us, and you can do this by ceasing to use the Facilitation Services. If you have opened a customer account on the Website, you will need to contact us by email, phone or post using the details listed above.
4. Data Protection: Please see our Privacy Policy and Cookie Policy for more information on how your personal information will be used.
Liability
5.1. As provided for in Clause 2 above, you acknowledge that the contract for the provision of the Services is between you and the Professional and as such, it is the Professional who is responsible for the provision of the Services to you. SUR shall have no liability to you whatsoever in respect of the provision of the Services and / or your dealings with any of The Healthcare Collection.
5.2. Nothing in these Terms and Conditions limits or excludes our liability to you for:
5.2.1 death or personal injury resulting from negligence;
5.2.2 fraud or fraudulent misrepresentation; or
5.2.3 any other matter for which we are not permitted by law to exclude or limit our liability.
5.3. We accept no liability for the information contained on any third-party websites linked to on our Website and we won’t be liable for any loss or damage that may arise from your use of them.
If you are an individual consumer
5.5. Please note that we only provide Facilitation Services to consumers for domestic and private use. You agree not to use the Facilitation Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a business customer
5.6. We exclude all conditions, warranties, representations or other terms which may apply to this website or any content on it, whether express or implied.
5.7. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Facilitation Services. In particular, we will not be liable for:
5.7.1 loss of profits, sales, business, or revenue;
5.7.2 business interruption;
5.7.3 loss of anticipated savings;
5.7.4 loss of business opportunity, goodwill or reputation; or
5.7.5 any indirect or consequential loss or damage.
General provisions
6.1. We make changes to these Terms and Conditions from time to time. You should therefore check these Terms of Conditions whenever you return to our Website to see whether any changes have been made, as these will be binding on you.
6.2. We may transfer our contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation.
6.3. You need our consent to transfer your rights to someone else.
6.4. Nobody else has any rights under our contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
6.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions 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.
6.6. Even if we delay in enforcing these Terms and Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, 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.
If you are an individual consumer
6.7. Which laws apply to our contract and where you may bring legal proceedings. These Terms and Conditions are governed by Scottish law, and you can bring legal proceedings in the Scottish courts. If you live in England, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.
If you are a business customer:
6.8. If you are a business user, these Terms of Use (and any non-contractual obligations arising out of or in connection with them) are governed by the law of Scotland, and the courts of Scotland have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).
Dispute Resolution
7.1 Resolution Process: If any dispute arises out of these Terms and Conditions, the parties shall first attempt to resolve the issue amicably through negotiation or other informal means. If resolution cannot be reached, the parties may choose to engage in mediation or other alternative dispute resolution methods before pursuing formal legal action.
7.2 Governing Law & Jurisdiction: These Terms and Conditions are governed by Scottish law. Any legal proceedings relating to a dispute must be brought in the Scottish courts.
Usage Restriction
8.1 Prohibited Activities: You may not use the Facilitation Services or SUR website for illegal activities, breach of privacy, or conduct that is harassing, defamatory, threatening, obscene, or otherwise objectionable as determined by us.
8.2 Penalties for Violations: We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including, without limitation, reporting you to law enforcement authorities.
Changes to Terms and Conditions
9.1 Notification of Changes: We may amend these Terms and Conditions at our discretion. Notice of any changes will be communicated by email to the email address you provided during registration or through conspicuous posting on our website.
9.2 Acceptance of Changes: Your continued use of the Facilitation Services following any changes constitutes acceptance of those changes. If you do not agree to the changes, you must cease using the Facilitation Services and SUR website.
Termination and Suspension
10.1 By You: You may terminate this contract at any time by ceasing to use the Facilitation Services and contacting us as provided in clause 3.
10.2 By Us: We reserve the right to terminate or suspend your access to the Facilitation Services and SUR without prior notice if you breach these Terms and Conditions or for any other reasons we deem appropriate in our sole discretion. This includes, but is not limited to, fraudulent or illegal activity, misuse of the Facilitation Services, or behavior that we deem harmful to other users, us, or third parties, or conduct that violates any applicable laws or regulations.
10.3 Effect of Termination: Upon termination, your right to use the Facilitation Services and SUR will cease immediately, and we may delete or deactivate your account and all related information. Termination does not relieve you or us of obligations incurred prior to the termination date, including payment obligations if applicable.
10.4 Survival: Clauses relating to liability, dispute resolution, and any other obligations or rights that by their nature should survive termination will continue in effect beyond termination.