Last Updated: 09.10.2024
These Terms of Service (“Terms”)govern your access and use of the Services (as defined below), payment for theServices, and of our website located at www.thelazaruspractice.com (the “Website”).
The Services are provided by The Lazarus Practice Limited (collectively“The Lazarus Practice”, “we”, “us”, or “our”). The terms “you” and “your” mean you, the adult receiving ourServices and/or (as the context dictates) paying for the Services. Our Services are currently limited to supporting adults (aged 18 years plus). If you are under the age of 18, please do not attempt to use our Services.
Please review these Terms carefully. By accessing, using, or paying for the Services, you accept and agree to be bound by these Terms and you agree to our Privacy Policy. If you do not agree to be bound by theseTerms, you cannot access or otherwise use the Services.
i. The Lazarus Practice provides a range of personalised telehealth services to adults seeking to either build mental health resilience or seeking support with common mental health conditions, as further described on our website at www.thelazaruspractice.com the (the “Services”). The Services are provided by Providers (as defined below).
ii. Care needs that we do not currently support are listed in the ‘Types of Support’ section on the website
iii. The Services, and the process for delivering them, may change from time to time, and we may choose to add new Services or suspend or discontinue some or all of the Services, in our sole discretion.
i. The Services are provided by appropriately skilled and experienced psychological professionals, therapists and health and other wellbeing providers employed or contracted byThe Lazarus Practice (“Providers”). Providers will be recommended to you based on the information you submit to us. We retain the right to replace Providers based on learnings we make (Client and Practice) once a Client starts to use the Services.
ii. If you subscribe for a Personalised Multimodal Package, you will be provided with a dedicated Provider as part of the Services (a “Client Advocate”)
iii. The Services you receive may vary depending on the Provider with whom you interact, and each Provider uses independent professional judgment in providing the Services. If you have any questions or concerns about the provision of the Services from a Provider, you should contact your Client Advocate (if you have one) and in all other cases clients@thelazaruspractice.com.
i. The Lazarus Practice does not have physical clinics. We provide the Services by ‘telehealth’, which means that we deliver our health care services remotely to you using electronic communications, information technology or other means. You and the Provider will be in different physical locations.
ii. Whilst the provision of the Services using telehealth offers certain potential benefits, the Telehealth Services are not intended to take the place of your relationship with your regular in-person health care practitioners or primary care physician.
iii. The Services are not for medical emergencies or urgent situations. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed.
You agree that all information you submit to The Lazarus Practice will be truthful, accurate, and complete. We may request further information from you to provide the Services. If you do not provide this information promptly and in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of the Services until you provide the information to us as requested.
Our Services are currently limited to supporting adults (aged 18 years plus). By purchasing or using any Services, you represent and warrant that you are a natural person and of 18 years of age or older. If you are under the age of 18, please do not attempt to use our Services. If we learn that we have collected personal information from someone under the age of 18, subject to applicable laws, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at data-protection@thelazaruspractice.com.
You are responsible for obtaining and maintaining your device, software, operating system, carrier and network access necessary to properly access and use the Services via telehealth delivery. The Lazarus Practice does not guarantee that the telehealth delivery technology used to deliver the Services (together “the Platform”) will function on or in connection with any particular device, software, operating system, carrier, or network that are not under our control (“Third Party IT Systems”). We will have no liability for errors, unreliable operation, or other issues resulting from Third Party IT Systems. You are responsible for all rates and data fees charged by your device’s carrier.
Unless otherwise agreed, Fees for the Services provided to you will be charged to your credit card or debit card through our payment provider, in accordance with these Terms. Where chargeable, VAT will be added to the Fees payable. Invoices or receipts for payments will be emailed to you. You, the payer of the Fees, represent and warrant that:
i. the credit card or debit card information you provide to us/ our third-party payment processor is true, correct and complete; and
ii. that you are the person in whose name the credit card or debit card was issued and/or you are authorised to make a purchase with the relevant credit card or debit card.
The fee for the Advanced Assessment is payable at the time of booking. Other one-off payments for Therapy Sessions are payable as set out in the applicable invoice or payment request.
i. If you purchase one of our packages (“Package”), we will charge you a fee at the rate(s) on the Website or otherwise presented to you (“Package Fee”). The Package gives you access to the agreed Services for 30 days, initially from the time of payment of the initial Package Fees (“Package Period”). Unless otherwise stated when you sign up for a Package, your package will automatically renew for further Package Periods (at the applicable Package Fee) and will continue to do so unless we are either no longer offering that Service, in which case we will notify you, your Package has been cancelled in accordance with these Terms.
ii. By signing up for a Package, you agree to pay your Package Fee in full each Package Period and authorise the payment method provided by you to be billed automatically each Package Period by our third-party payment processor for the entire length of your Package until your Package ends or is cancelled. You will be responsible for paying all past-due amounts. You acknowledge that billing may not occur on the exact same date of each month.
You agree to pay all other fees and charges associated with your use of Services that we have agreed in writing are payable on a timely basis and according to the terms and the rates presented to you. You authorise us to bill and charge your payment method for such other fees.
Unless otherwise notified to you, all credit card, debit card and other monetary transactions in respect of the Services occur through an online payment processing application that is provided by a third-party payment processor(s). The Lazarus Practice does not collect or store payment card information. If our third-party payment processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted bylaw, and reserve the right to suspend or terminate your use of the Services until our payment processor has successfully charged a valid payment method
We may change fees published on the Website from time to time in our sole discretion. If the pricing for your Package increases, you will be notified and provided an opportunity to change or cancel your Package before applying those changes or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a Package. Your continued enrolment in your Package after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue your Package at the revised rates and/or terms, you must cancel your Package prior to the end of your then current Package Period in accordance with clause 4 (Cancellations and Refunds) (so that at the end of that Package Period, your Package will end), otherwise the revised rate and/or terms will apply on and from the next Package Period.
i. Subject to any cancelation terms set out on the Website (including any minimum Package Period), you can cancel a Package by emailing clients@thelazaruspractice.com. The cancellation will become effective at the end of your current Package Period. When you cancel a Package, you cancel only future fees associated with your Package.
ii. You acknowledge that where you and your Provider have agreed that your care has been completed satisfactorily, it is your responsibility to cancel a Package in accordance with this clause.
iii. We reserve the right to cancel your Package in its entirety at any time and for any reason, with or without prior notice. If we cancel part way during a Package Period, you will be refunded the Package Fee pro rata for the remaining Package Period.
iv. Once your Package is cancelled, your access to and use of the Services will continue to the end of your then current Package Period and thereafter end.
Any other service that is paid separately from the Package Fee may be rescheduled (if applicable) but are not cancellable after purchase.
The Practice has the right to suspend or terminate your access to the Services, at any time without notice as it deems advisable, including where you violate these Terms, as required by law, or due to security or welfare concerns. To the extent permitted by applicable law, The Practice will not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations. If the Practice has previously prohibited you from accessing or using the Services, you are not permitted to access the Services.
All purchases are final and once paid, all fees, including Package Fees, are non-refundable regardless of whether Services are used, except as prohibited by applicable law or otherwise stated in these Terms. However, you may cancel your Package at any time in accordance with this clause 4 (Cancellations and Refunds) to stop incurring future Package Fees. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future. Except as otherwise stated in these Terms or required by applicable law, no refunds will be provided for a partial Package Period, but you will continue to have access to the Package until the next billing cycle.
i. The Lazarus Practice (or its licensors) retain all right, title, and interest (including intellectual property rights) in and to the Website, the Services and any information, content, files, documents, text, photographs, images, audio, videos, reviews, products, software, or other materials accessed or made available for use or download through the Website and Services (“Lazarus Materials”).
ii. All rights not expressly granted to you in these Terms are reserved and retained by TheLazarus Practice or its licensors, suppliers, publishers, rights holders, or other content providers.
iii. Any reproduction, copying, sale, redistribution or other commercial exploitation of the Website, the Services, the Lazarus Materials, or any portion of the foregoing, are strictly prohibited without the prior written permission of The Lazarus Practice.
The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by The Lazarus Practice or its Providers.
You are prohibited from taking actions that would compromise, disrupt, interfere with, or otherwise violate the integrity or security of the Website or any IT Systems used to deliver the Services, including but not limited to engaging or attempting to engage in the following conduct: (i) using any software, program, process, device, application or routine (e.g. robots, scripts, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, decrypt, interfere, tamper, hack, spoof, modify or otherwise corrupt the administration, security or proper functioning of the Website (ii) posting or transmitting any data, materials, content, or information (including, without limitation, advice, and recommendations) which contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website or theServices, personal information, software, equipment, servers, or facilitate or promote hacking or similar conduct; (iii) attempting to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Website; or (iv) running any antivirus or antispyware software that is set to override the internet browser’s cookies setting.
Any feedback, comments, questions, or suggestions you may provide regarding the Services (“Feedback”) is entirely voluntary and we will be free to use such Feedback without any obligation to you during and after the term of our agreement with you.
By providing your mobile number and email address, or otherwise opting-in to receive telephonic communications from The Practice, you are agreeing to be contacted by The Practice or your Provider(s), at the mobile number or email address you have provided, including calls, text messages and emails regarding the Services. You may also sign up to receive promotional and marketing calls, text messages, or emails. You are not required to consent to promotional and marketing contact and you may update your notification preferences at any time. See our Privacy Policy for more details.
You acknowledge that we may remove access to the Services if you do not comply with these Terms. In addition to other prohibitions in these Terms, the following conduct is prohibited in respect of use of the Services:
i. harassing, threatening, abusing, intimidating or exhibiting other harmful or disrespectful behaviour towards Providers or any other staff of The Practice;
ii. recording appointments and other audio or visual interactions with your Provider without the knowledge and consent of the Provider; or
iii. accessing or using the Services in any unlawful way or for any unlawful purpose
i. You expressly agree that any access and use of the Services is voluntary and at your sole risk. To the fullest extent permitted by law, except as set out in these Terms, the Practice and the Providers disclaim all representations or warranties of any kind, either expressed or implied, with respect to the Services, and any content, information, product, service or other materials provided as part of the Services.
ii. The Practice does not warrant that the Platform used to provide the Services will function without delays, disruptions, interferences, imperfections, corruption, cyberattack, viruses, malware, or any adverse incident, or that defects in thePlatform will be corrected.
iii. The Practice does not guarantee that the use of the Services will lead to positive health outcomes.
i. Consumer rights. As a consumer, you have certain legal rights. These are also known as “statutory rights” as they are derived from laws such as the Consumer Rights Act 2015. For example, we are under a legal obligation to perform our services with reasonable care and skill. If we do not carry out our services with reasonable care and skill, you can ask us to repeat the service or to fix the problem, or you may be entitled to get some money back if we cannot fix it. Nothing in these Terms in any way affects your legal rights. Advice about your legal rights is available from your local Citizens' Advice Bureau (www.citizensadvice.org.uk/) or Trading Standards office (www.gov.uk/find-local-trading-standards-office).
ii. No limitations for some losses. In particular, we do not exclude our liability for death or personal injury caused by our negligence, or for fraud, or for any other matter for which it would be illegal for us to limit or exclude our liability.
iii. Unexpected loss. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms apply, both we and you knew it might happen. We are not responsible for any loss you suffer to the extent that it was not obvious when you signed up to our Services that you would suffer that loss and nothing you said to us before that date meant that we should have expected it.
iv. Avoidable loss. We are not responsible for any loss you suffer to the extent that the loss could have been avoided by you by taking reasonable action.
v. Loss caused by your own act or omission. We are not responsible for any loss, damage, personal injury or death to the extent that it arises from your own act or omission (except to the extent caused by our negligence).
vi. Loss caused by circumstances outside our control: we are not responsible for any loss you suffer to the extent that it is caused by any event or circumstance that is or was beyond the reasonable control of The Lazarus Practice (including the Providers).
vii. Unavailability of our Platform: we are not responsible for any loss you suffer that is caused by any unavailability of our Platform or any of our other systems.
viii. Business loss: we only provide services to individuals and are not responsible for any business loss you suffer, including (without limit) loss of profits or revenue, loss of anticipated savings or loss of goodwill.
ix. Liability cap. Subject to the other sections of this clause 7.c. above, the maximum liability of The Practice, the Providers, and our directors, employees and other representatives, to you with respect to your use or access of the Services, however arising, whether in contract, tort (including negligence) or otherwise is 100% of the value of theFee paid to us by you in the 12 month period preceding the event giving rise to your claim.
x. Time for bringing claims. Any claims arising in connection with your use of theServices must be brought within one (1) year of the date of the event giving rise to when such action occurred.
i. Complaints. If you feel that you need to make a complaint about the Services or a Provider, please email clients@thelazaruspractice.com.
ii. Initial Dispute Resolution. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a claim
iii. Governing law and jurisdiction. These Terms and the Services shall be governed by, and construed in accordance with, the laws of England. In relation to any legal action or proceedings to enforce these Terms or arising out of or in connection with the Services each of the parties irrevocably submits to the exclusive jurisdiction of the courts of England.
e. Notices. Any notice under these Terms shall be in writing and shall be made either via e-mail or certified mail to the other party's home or registered office address. Notices to The Practice should be send to legal@thelazaruspractice.com. Notices sent by e-mail will be deemed effective at the time of sending and notices sent by mail will be deemed effective 48 hours after posting.
f. Assignment. The Practice may assign its rights and/or obligations under the Agreement in whole or part upon prior notice to Provider. In no event may you assign its rights or obligations under these Terms to a third party without The Practice’s prior written consent.
g. Modifications to these Terms. The Practice may modify these Terms from time to time and will post the updated version on the Website. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read these Terms periodically.
h. Entire Agreement. These Terms constitutes the whole agreement between the parties relating to their subject matter.
i. Severability. If the whole or any part of any clause may prove to be illegal or unenforceable, the other clauses of these Terms, and the remainder of the clause in question, will continue in full force and effect.
j. Survival. The provisions of these Terms which by their nature are intended to survive termination or expiration of these Terms shall survive.
k. No Third Party Rights. A person who is not a party to these Terms will not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
If you have any questions about these Terms, please email: legal@thelazaruspractice.com.
