Terms & Conditions for online consultations, including those made using the online booking tool
1. General
1.1 These Terms and Conditions supercede any prior terms related to the use of the services of Nick Churchill and apply to all users of his services. These Terms and Conditions may be updated from time to time. Please revisit these terms and conditions from time to time to check for changes.
1.2 By using the Tidycal booking platform, Clients consent to these Terms and Conditions.
1.3 Nick Churchill’s services, including all content on his website, does not constitute medical advice and should not be relied upon as such. Users should seek professional medical advice from a qualified medical practitioner.
1.4 Nick Churchill is not an emergency service. In case of an emergency, contact a medical doctor, NHS 111, or emergency services at 999 in the UK, or emergency services within your own country of residence.
1.5 This website may include links to other third-party websites. These links are provided for information only and are not intended to signify that Nick Churchill endorses such websites and/or their content. Nick Churchill does not assume responsibility for the content or availability of any external sites and takes no responsibility for any harm, loss or damage suffered as a result of using the linked websites or as a result of using the information published on any of the pages of the linked websites.
1.6 Nick Churchill makes no warranties or guarantees, expressed or implied, that his website will meet user requirements, operate without infringement, be compatible with all systems, or remain secure.
1.7 Nick Churchill takes reasonable steps to ensure that website content is accurate and current; however, he makes no representations or warranties as to its completeness or accuracy. Users are responsible for verifying any information relied upon.
1.8 Nick Churchill will not be liable for any temporary unavailability of the website due to circumstances beyond his control.
1.9 Whilst every effort is made to ensure downloadable content is free from viruses, Nick Churchill cannot accept any liability for damages resulting from virus infection.
2. Booking
2.1 Clients must be 18 years or older and possess the capacity to provide informed consent to use the service.
2.2 By booking, the Client confirms they have the capacity to enter this agreement voluntarily and in good faith.
2.3 Upon receiving booking confirmation, a contract is established directly between the Client and Nick Churchill.
2.4 The Client confirms they are acting as a genuine individual and not in any other capacity or on behalf of an agency, unless explicitly disclosed.
2.5 Clients are subject to and responsible for complying with all booking terms, including cancellation policies and other specified conditions.
2.6 Clients shall not send photos or images that include nudity or any private body parts, whether of children or adults.
2.7 Clients will not be instructed to discontinue any medication by Nick Churchill.
2.8 The Client may be advised to consult their GP for health checks if Nick Churchill deems it necessary. Any changes to the Client’s prescribed medication remains the responsibility of the Client and their prescribing practitioner.
2.9 The Client consents to Nick Churchill retaining records and personal information provided during or prior to a consultation.
3. Payment
3.1 Payment is non-refundable if the Client cancels within 24 hours of the appointment. The Client may, however, reschedule for an alternative date or time, subject to Nick Churchill’s discretion and availability. Subsequent cancellations will also be non-refundable.
3.2 If Nick Churchill cancels the appointment, a full refund will be issued to the Client.
4. Consultation
4.1 Consultations will take place at the appointed time and for the scheduled duration.
4.2 The Consultation fee covers a 120 minute first consultation session or a 60 minute follow-up consultation (charged pro rata). Acute consultations are subject to a minimum 30 minute charge, which is equivalent to half a follow-up consultation fee. Any additional time will be charged pro rata in 5 minute blocks.
4.3 Consultations are conducted via online platforms including but not limited to Zoom.
4.4 Consultations are confidential between the Client and Nick Churchill and will not be disclosed to third parties without written consent, except as required by UK law.
4.5 No refund will be provided if the entire session is not utilised.
4.6 After the Consultation, Nick Churchill will suggest a remedy/remedies or provide a prescription with instructions for obtaining those remedies.
4.7 The Consultation fee does not include remedies. Nick Churchill will not provide remedies and Clients are responsible for purchasing prescribed remedies directly from a Homeopathic Pharmacy.
4.8 The Client should ensure they are in a private space during the Consultation to maintain confidentiality.
5. Data Protection
5.1 The Client’s personal data, including sensitive data as defined under the Data Protection Act 2018, will be processed in accordance with data protection laws.
5.2 Clients will provide Nick Churchill with personal details such as name, contact information, and any other relevant details necessary for the Consultation.
5.3 Nick Churchill will only use personal data for Consultation purposes and any necessary follow-up.
5.4 If Nick Churchill becomes aware of any unauthorised access or breach of personal information, they will inform the Client as soon as possible.
5.5 Nick Churchill will securely store and destroy all personal data seven years after the date of the last consultation, in accordance with UK data protection legislation.
5.6 Nick Churchill will not disclose Client information to third parties without express permission unless legally required.
5.7 Clients may request access to their personal data held by Nick Churchill, in accordance with the Data Protection Act 2018.
5.8 Although reasonable measures are taken to protect Client data, the privacy of information shared via internet platforms, emails, and telephone cannot be guaranteed.
6. Limitation of Liability
6.1 Scope of Services
The healthcare services provided by Nick Churchill are intended to support and not replace any relationship that exists between a Client and their primary healthcare providers. The advice, diagnosis, treatment, and recommendations provided are based on the Client’s specific health information and current best practices in healthcare. Nick Churchill shall not be liable for any adverse outcomes resulting from factors outside of their reasonable control, including but not limited to, incomplete disclosure of medical history, undetected conditions, or non-compliance with prescribed treatments by the Client.
6.2 No Guarantee of Outcomes
Nick Churchill makes no guarantees or warranties regarding the outcomes of any medical treatments, recommendations, or procedures. Homeopathy is not an exact science, and individual Client responses can vary. Nick Churchill disclaims any liability for outcomes resulting from the Client’s use of the advice provided unless due to proven gross negligence or wilful misconduct by Nick Churchill.
6.3 Limitation of Liability
To the fullest extent permitted by law, Nick Churchill shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, physical harm, mental distress, lost wages, loss of earnings, or loss of data, even if advised of the possibility of such damages. In all cases, Nick Churchill’s liability for damages shall not exceed the fees paid by the Client for the specific service from which the claim arose.
6.4 Online and Virtual Care
For services provided online or other virtual methods, Nick Churchill assumes no liability for technical difficulties, interruptions, or other issues outside of their control. The Client acknowledges that online services are subject to the same limitations as any remote care service and agrees to contact emergency medical services if urgent care is needed during or after a virtual consultation.
6.5 Applicable Law and Jurisdiction
This Limitation of Liability clause shall be governed by the laws of England and Wales. Any disputes arising from healthcare services provided shall be subject to the exclusive jurisdiction of the courts in England and Wales.
19 November 2024