The Boutique Fertility Concierge Service by Your Trusted Squad

Terms of Business: Introductory Consultation

 

Your Trusted Squad Ltd (referred to as “company”, “We”, “Our” or “Us”) is a health and wellness service offering information content, fertility coaching, mentoring and concierge services, a company registered in England and Wales. Our company registration number is 12705350, our VAT registration number is 370429403 and our registered office is 20-22 Wenlock Road, London, N1 7GU. 

 

Your Trusted Squad is a fertility mentoring, coaching and concierge service and should not be used as a substitute for professional medical services. Our team does not provide medical advice and our relationship with you will not constitute a professional medical relationship. If in any doubt about your suitability for this service, please speak to your GP or healthcare professional. 

 

Terms of Business for the supply of our service to you

 

1.         Our contract with you

1.1           These are the terms and conditions on which We will be providing the introductory, discovery call to you. 

1.2           Please ensure that you read these terms and conditions carefully, and check that the details on the Client Portal are complete and accurate. By creating an account with Us or using our services, you confirm that you accept these terms. These Terms will become binding on you.  Our liability to you is described in paragraph 5 and paragraph 7.

 

1.3           These Terms shall be applicable for the duration of Us providing services to you and any extensions that We agree. 

1.4           Should We not be able to provide you with Our services, We will inform you of this as soon as practicable.

2.         Our service

2.1           The following details of the service that We provide to you are set out in these terms and conditions and on the Client Portal:

(a)             The Fertility Coach who will be providing you with service.

(b)             The duration of your contract and your terms of contact.

(c)             The method in which this communication will be provided to you. 

(d)             The total fee to be paid for the introductory, discovery call.

(e)             The payment details.

(f)              Our 24-hour cancellation policy (which is also set out in paragraph 3 below) for the introductory, discovery consultation.

3.         Cancellation and refunds 

3.1           We require 24 hours’ notice of cancellation or postponement for the introductory appointment call. Where you need to cancel or postpone the appointment, you will notify Your Trusted Squad in writing to the email address cancellations@yourtrustedsquad.com or use the Practice Better portal to cancel the appointment.  Whilst We are understanding of unforeseen events and will take them into consideration, where notice is of less than 24 hours, We reserve the right at Our sole discretion to charge you for the appointment with your Fertility Coach. 

 

4.         Changes to these terms

4.1           Sometimes We may need to change these Terms, for example to reflect changes in the law or changes to the Service themselves. We’ll let you know about any changes by posting the updated Terms on Our website. We’ll send a notification to your email address liked to your account at least 14 days before the updated Terms become effective, except for changes addressing new services or legally required changes, which will be effective immediately. If you don’t agree to the changes you can let Us know in writing. By continuing to access Our service after the updated Terms become effective, you confirm that you understand and accept the updated Terms.

 

 

5.         Providing services

5.1           Subject to paragraph 3 above (Cancellation and Refunds) We will provide you with the services as set out in paragraph 6.  

5.2           We recommend that you take advice from your general practitioner/family physician before seeking Our service.

 

6.         Service, fees and payment

6.1           The introductory, discovery call is a confidential meeting with Dr Belinda Coker (Fertility Coach) by video conference or telephone call. During the call the coach will learn about you, your needs and your requirements. You will understand how your personalised plan will be created and hear about the range of services and support We can offer to you.

6.2         1.1           The fee for the introductory, discovery call with a Fertility Coach is £125 for a 30-minute consultation by phone or video between 5 pm – 8 pm on Monday to Friday (excluding bank holidays) and £90 for a 30-minute consultation by phone or video between 9 am-5 pm on Monday-Friday (excluding bank holidays). We reserve the right to withdraw to change our prices.   If you have already booked and made payment, your booking will be honoured at the rate you have already paid.  

6.3           The fees include VAT.

6.4           Payment of the fees for the services should be received for the booking to be confirmed.

6.5           Payments made under these paragraphs 6.2 and 6.4 must be made by card payment as set out on the Client Portal. 

6.6           All payments for Our service must be paid and in cleared monies prior to the date of the meeting.

6.7           We reserve Our right to suspend Our service without any liability to you in the event of non-payment. 

7.         Our liability to you

7.1           Subject to the terms of paragraph 7.2 We will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time We entered into this contract. 

7.2           We do not exclude or limit in any way Our liability to you in any way where it is unlawful to do so.  This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees or for fraud or fraudulent misrepresentation.

7.3           We have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, legal fees or any other professional fees.

7.4           Subject to paragraph 7.2, neither We nor Our employees shall be liable for any loss or injury attributable to: 

(a)             A third party unconnected with the provision of service provided by Us; 

(b)             An Event Outside Our Control; and 

(c)             Loss or damage to your property.

7.5           Subject to paragraph 7.2 above our total liability to you whether for breaching the terms of our contract with you or for our negligence or otherwise shall not exceed the aggregate sums paid or payable under our contract with you.

8.         Health and safety

8.1       By signing this document you understand that:

 

(a)             The Fertility Coach does not offer any medical advice or medical services and the information We provide will be for guidance and is only suggestive. We do not treat patients or give them medical recommendations. We do not recommend specific tests, diagnostic practice or products or procedures for medical symptoms or treatment. 

(b)             It is your own responsibility to seek medical advice whether or not it is at the suggestion of your Fertility Coach. 

9.         How we use your personal information

9.1           We will only use your personal information as set out in our GDPR Data Privacy Notice and any explicit consent form that you sign.

 

10.        Events outside Our control

10.1         We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control. 

10.2         An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic, quarantine or other natural disaster, or failure of public or private telecommunications networks.

10.3         If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

 

(a)             We will contact you as soon as reasonably possible to notify you; and

(b)             Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of the service to you, We will restart the service as soon as reasonably possible after the Event Outside Our Control is over.

11.       Our rights to cancel and applicable refund

11.1         We may have to cancel the Contract, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide service. If this happens:

(a)             We will promptly contact you to let you know;

(b)             If you have made any payment in advance for service that have not been provided to you, We will refund these amounts to you.

11.2         We may cancel the contract for service at any time with immediate effect by giving you written notice if:

(a)             you do not pay Us when you are supposed to as set out in paragraph 6.4 or

(b)             you breach the contract in any other material way. 

12.       Information about us and how to contact us

12.1         We are a company registered in England and Wales. Our company registration number is 12705350 and our registered office is 20-22 Wenlock Road, London, N1 7GU.

12.2         If you have any questions or if you have any complaints, please do contact Us. You can contact Us by e-mailing Us at info@yourtrustedsquad.com

12.3         If you wish to contact us in writing, or if any term in these Terms requires you to give us notice in writing (for example, to cancel the contract for service which We have started to provide), you can send this to Us by e-mail to Your Trusted Squad at info@yourtrustedsquad.com or by pre-paid post or hand to 20-22 Wenlock Road, London, N1 7GU. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Client Portal. 

13.       Other important terms

13.1         This contract is between you and Us. No other person shall have any rights to enforce any of its terms. 

 

13.2         If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you. 

 

13.3         These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. 

 

13.4         We shall attempt to resolve any dispute arising out of or relating to these Terms through negotiations between our appointed representatives who have the authority to settle such disputes.

 

13.5         In the event that We are unable to resolve any dispute arising out of or in connection with these Terms, We shall in the first instance to discuss and consider referring the dispute to the International Chamber of Commerce Mediation Rules for resolution. 

 

14.        Release of information

 

14.1         You understand and acknowledge that Your Trusted Squad may, with your consent, release de-identified health information. 

15.           Copyright

15.1         All content provided by Your Trusted Squad to you (collectively, “Content “), including but not limited to, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is Your Trusted Squad’s property or the property of our licensors or licensees, and the compilation of the Content is our exclusive property, protected by United Kingdom and international copyright laws, treaties and conventions. 

 

15.2         Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) maintained by Your Trusted Squad are proprietary to Us or Our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits Us or anyone else. All other Marks not owned by Us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us. 

 

15.3         Where applicable, Your Trusted Squad grants you a limited license to access and make personal use of the Content. No Content or any other Internet site owned, operated, licensed, or controlled by Your Trusted Squad may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that Your Trusted Squad makes available to you for such purposes on a single computer for your personal, non-commercial, home use only, provided that you:

 

(a) keep intact all copyright, trademark and other proprietary rights notices;

(b) do not modify any of the Content;

(c) do not use any Content in a manner that suggests an association with any of our products, service or brands; and

(d) do not download Content so as to avoid future downloads. Your use of Content on any other website or computer environment is strictly prohibited. 

 

15.4         The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without Our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to Our home page provided that the link does not portray Us or Our licensors or licensees, or their respective products or service, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of Our or any such party’s intellectual property as part of the link without Our and each such party’s express written consent. 

16.       Definitions 

16.1         When the following words with capital letters are used in these Terms, this is what they will mean:

(a)             Event Outside Our Control: is defined in paragraph 10.2;

(b)             Client Portal: the secure online portal We use to obtain and communicate your personal health information;

(c)             Confidential Information: information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to your business or personal affairs whether or not you express state to Us that it is confidential;

(d)             Fertility Coach: the fertility coach who will be performing the introductory, discovery call;

(e)             Service:  the service We will provide to you as described in paragraphs 6;

(f)              Terms: the terms and conditions set out in this document; and

(g)             We/Our/Us: Your Trusted Squad of 20-22 Wenlock Road, London N1 7GU, United Kingdom. 

 

16.2         When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

 

16.3         Reference to one gender includes the opposite sex. 

 

 

DATA PROCESSING ADDENDUM

 

Data Protection Legislation: (i) the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR), (ii) the Data Protection Act 2018 and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the UK GDPR or the Data Protection Act 20188 and other applicable privacy laws.

Customer: means you

Provider: means Your Trusted Squad Ltd

1.              Data Protection

1.1           In so far as required, both parties agree that they will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.

1.2           The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the data controller and the Provider is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).  Schedule 1 sets out the scope, nature and purpose of processing by the Provider, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject.

1.3           Without prejudice to the generality of clause 1.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Provider for the duration and purposes of this Addendum.

1.4           Without prejudice to the generality of clause 1.1, the Provider warrants and undertakes that it shall, in relation to any Personal Data processed in connection with the performance by the Provider of its obligations under this Addendum:

(a)         process that Personal Data only on the written instructions of the Customer unless the Provider is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Provider to process Personal Data (Applicable Laws). Where the Provider is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Provider shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Provider from so notifying the Customer;

(b)         ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it); 

(c)         ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and

(d)         not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:

(i)          the Customer or the Provider has provided appropriate safeguards in relation to the transfer;

(ii)         the data subject has enforceable rights and effective legal remedies;

(iii)        the Provider complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

(iv)        the Provider complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;

(e)         assist the Customer, at the Customer's cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(f)          notify the Customer without undue delay on becoming aware of a Personal Data breach;

(g)         at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Applicable Law to store the Personal Data; and

(h)         maintain complete and accurate records and information to demonstrate its compliance with this Addendum (and allow for audits by the Customer or the Customer's designated auditor).

1.5           The Customer consents to the Provider appointing Practice Better as a third-party processor of Personal Data under this Addendum.  The Provider confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party's standard terms of business. As between the Customer and the Provider, the Provider shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this Addendum.

1.6           Either party may, at any time on not less than 30 days’ notice, revise this Addendum by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this Addendum).

 

 

Schedule 1        Processing, Personal Data and Data Subjects

 

1.          Processing by the Provider

1.1        Scope

When you purchase an introductory, discovery call with Your Trusted Squad you provide Us with basic Personal Data about yourself (see section 2 below). You are responsible for the accuracy of the information that you provide to Us.

 

 

 

1.2        Nature

Your Personal Data will be collected and stored on the Practice Better system for the introductory call. If you have subscribed to Our email list, your Personal Data will be stored on Our Wix email contacts list. 

1.3        Purpose of processing

We process your Personal Data to be able to carry out the introductory call. During this call, your Fertility Coach, will understand why you have contacted Your Trusted Squad and explain the range of services We provide.  

If you have chosen to subscribe to our email list to receive newsletters and updates by email, your name and email address will be added to Our email list. 

 

1.4        Duration of the processing

We will keep your Personal Data for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of our Privacy Policy and our retention policy, which is available on request by contacting us using the details above. If you request that your name be removed from our databases, it may not be possible to completely delete all your personal information due to technological and legal constraints and/or if it is necessary for Us to retain some or all of it in order to comply with a legal or regulatory obligation.

2.          Types of personal data

The Personal Data you will provide includes your name, age, phone number and email address. You may also include a brief description of why you are contacting Your Trusted Squad and what help you are looking for.

  1. Categories of data subject

Personal data including name, email address, date of birth, mobile phone number, gender, sexual orientation, marital status, ethnicity.

Special category data including your brief information about your fertility and conception history (assessments and treatments), medical history (diagnoses, investigations, treatments) and fertility goals.  

Updated: 23 April 2021