Terms and Conditions

Medically Reviewed April 2023, by Claire Clarke - Head of Surgical Services for The Harley Medical Group

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern The Harley Medical Group’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

Free consultation

• A consultation with a Patient Advisor is free; however we will take a fully refundable £25 deposit at time of booking to secure your appointment.
• Deposit is fully refundable upon attendance in clinic or virtual consultation or cancellation outside of 48 hours.
• If you cancel your consultation within 48 hours of your appointment or do not attend, there will be a £25 cancellation fee and the deposit will be retained.

Consultation cancellation or reschedule policy

Patient Advisor consultation

• A £25.00 fee will be taken at the time of booking to secure the appointment.
• This fee is fully refundable upon attendance in clinic, or cancellation outside of 48 hours.
• If you cancel your consultation within 48 hours of your appointment or do not attend , there is a £25 cancellation fee, so your deposit would be retained.

Surgeon consultation

• £125 deposit taken at time of booking to secure the consultation.
• This deposit is redeemable against the cost of surgery.
• The deposit is only refundable if the appointment is cancelled outside of 7 days’ notice.
• If the appointment is cancelled within 7 days of your appointment or you do not attend, there is a £100 cancellation fee and your deposit would be retained.
• If a pre-operative assessment has been made and/or a procedure booked, further cancellation fees will apply.

See full terms and conditions for more details.

Visiting the clinic

At The Harley Medical Group we cannot accept responsibility for children in any of our clinics or hospitals, we would therefore politely request that you refrain from bringing children with you for health and safety reasons. We understand however that under certain circumstances this is unavoidable, in these circumstances please ensure there is a parent or guardian available to supervise the child at all times. Thank you.

Complaint procedure summary

LCHMG trading as The Harley Medical Group aims to provide all Patients with the highest standards of care and customer service. If we fail to achieve this, we listen carefully and respond to complaints, swiftly acknowledging any mistakes and rectifying them so that we can make improvements to our service.

1. The complaints full policy is made available to Patients, their affected relative or a representative when they first raise concerns about any aspect of the service they have received.
2. Responses at all stages are made quickly:
   • A member of staff will telephone the Patient within 48 hours that we are made aware of the complaint.
   • A detailed written response will be sent within 20 working days.
   • Where there are delays and the investigation is still in progress a letter will be sent explaining the reason for the delay to the Patient at a minimum every 20 days.

LCHMG has a 3 stage process for handling complaints:

Stage 1: Local Resolution (Clinic Manager and Regional Manager)

Complaints should normally be made as soon as possible at stage 1, and within 6 months of the date of the event complained about, or within 6 months of the matter coming to the attention of the complainant. If we don’t hear from you within this period of time we will deem you to be satisfied with the outcome and consider the matter to be closed. The time limit may be extended where the complainant has good reason for not making a complaint in the time limit (for example, where a complainant has been grieving), and there is a realistic opportunity of conducting a fair and effective investigation into the issues raised. Where The Harley Medical Group consider permitting complaints to be opened after an extended period has passed, they are advised to discuss with ISCAS any potential issues that may be encountered at stage 3. The independent adjudicators have the right to refuse a complaint at stage 3 where the likelihood of conducting an effective review is unrealistic.

Stage 2: Complaint Review (Regional Manager)

If a patient remains unhappy with the local resolution, an impartial review of the investigation will be conducted by the Regional Manager with support from the Complaints Lead. This stage should not normally be initiated without a local resolution having first been attempted.

The precise methodology of the internal review stage will depend on the nature and complexity of the subject matter in the individual case. In general, the internal review will entail a thorough review of all the correspondence and any relevant Clinical records. It may also include a discussion with the complainant, either by telephone or face to face. The purpose of this discussion is to provide clarity about the complainant’s concerns and to gather any additional information. The Regional Manager will work to the same 20 working day period for responses that exist at the local resolution stage.

If we don’t hear from you within this period of time we will deem you to be satisfied with the outcome and consider the matter to be closed.

Stage 3: External Review

Should you remain unhappy with our Final response or investigation you may be able to refer your complaint to the Independent Sector Complaints Adjudication Service. You must do this within six months of the date of the final response. Please find the contact details below.

England

Independent Sector Complaints Adjudication Service,
70 Fleet Street,
London,
EC4Y 1EU
Email: info@iscas.org.uk Telephone: 0207 536 6091

Full Terms & Conditions

These Terms and Conditions of Business (“Terms and Conditions”) apply to the supply of services by LCHMG Ltd (Company Registration No 12325705) trading as The Harley Medical Group (‘HMG) of First Floor, 2 Bromwich Court, Gorsey Lane, Coleshill, Birmingham B46 1JU. In the event of any inconsistency between these Terms and Conditions and the contents of other literature provided by HMG to the Patient, these Terms and Conditions shall prevail.

1. DEFINITIONS AND INTERPRETATION

In these Terms and Conditions the following words and expressions shall have the meanings respectively set against them.

2. HMG’S OBLIGATIONS

In providing a Procedure for a Patient, HMG shall:

1. Ensure that the Procedure is carried out by an appropriately qualified and registered Surgeon.
2. Ensure that all Surgeons and Doctors are registered with the General Medical Council.
3. Ensure that all Surgeons and Doctors have been granted Practising Privileges at the Clinic or Hospital where they are to perform the Procedure.
4. Satisfy itself that the Surgeon or Doctor is appropriately insured against claims for professional negligence on terms that HMG reasonably considers are normal;
5. Organise suitable facilities for the provision of Procedures;
6. Arrange an initial Pre-operative Assessment for a Patient to confirm fitness for surgery in collaboration with the operating surgeon.
7. Comply with the provisions under the General Data Protection Regulations (Regulation (EU) 2016/679), as will its independent Surgeons and Doctors who are registered with the Information Commissioner’s Office (ICO) as data controllers in their own right.

3. THE PATIENT’S OBLIGATIONS

1. Must provide photographic identification (ID) proving the Patient to be at least 18 years old for any clinical consultation or surgical Procedure. The Patient must provide this prior to attending their Surgeon Consultation and reserving an operating date.
2. Shall sign all paperwork provided by HMG prior to receiving a Procedure date.
3. Must provide their NHS number prior to attending the Pre-operative Assessment.
4. To understand that it is the sole decision of the operating Surgeon/Doctor or Anaesthetist as to whether or not a Procedure can or should be carried out.
5. Shall provide to HMG, the Surgeon/Doctor or any member of the clinical team a full health history* to the best of their knowledge. The Patient further understands that withholding medical information could put their health at risk, and that if this is later identified, the Procedure will be cancelled. This will be subject to a Cancellation fee and as detailed in section 7, HMG shall not be responsible for any additional aftercare required in these circumstances and shall charge any additional costs to the patient.
   *Includes details of past and current use of recreational drugs which include the following
• Class A e.g. Cocaine, crack cocaine, ecstasy (MDMA), heroin, LSD, magic mushrooms, methadone, methamphetamine (crystal meth)
• Class B drugs e.g. Amphetamines, barbiturates, cannabis, codeine, ketamine, methylphenidate (Ritalin), synthetic cannabinoids, synthetic cathinones (for example mephedrone, methoxetamine)
• Class C drugs e.g. Anabolic steroids, benzodiazepines (diazepam), gamma hydroxybutyrate (GHB), gamma-butyrolactone (GBL), piperazines (BZP), kyat

Please note: these lists are not exhaustive

6. Informing the Patient’s GP. As the Patient’s GP is responsible for the Patient’s general healthcare, it is important that the Patient informs their GP about any intended surgery. The Patient will be asked to provide a Medical summary at their first appointment with HMG, and HMG will reserves the right to request further information from the GP to ensure the Patient is fit for elective surgery and anaesthesia, if it deemed necessary. No Procedure shall be carried out on any Patient who refuses to give HMG consent to inform their GP of the Procedure.
7. Shall notify HMG immediately if a change occurs to their previously disclosed medical history, health or wellbeing, to include weight gain, pregnancy, change in medication dosage, etc.
8. Shall comply with all pre and post-surgical instructions provided by HMG, the clinical team, and the Surgeon/Doctor. Failure to do so may affect the provision of the Patient’s aftercare, and costs may be incurred.
• The Patient shall be responsible for reading and ensuring they understand the Patient Guide and other information provided prior to consenting to undergo any Procedure.
• If an interpreter is required the Patient will need to make their own arrangements ensuring that the interpreter is suitably qualified and independent. The cost of this service would be borne by the patient and the interpreters Terms and Conditions will apply, independently of these Terms and Conditions.
• In order to proceed with a Procedure the Patient will be required to complete a psychological self-assessment questionnaire and may be required to undertake psychological assessment. In such instances, the Patient will need to agree to HMG directing the Patient to a suitably qualified, independent practitioner or the Patient will need to make their own arrangements to see a Psychologist of their choice following review by HMG of their credentials. An independent psychological assessment is a chargeable arrangement between the Patient and the Psychologist. The Psychologist’s Terms and Conditions will apply to that assessment independently of these Terms and Conditions in relation to the Patient’s Procedure. The outcome of this assessment may result in the Procedure being postponed or cancelled.

4. PATIENT AFTERCARE

HMG Aftercare Policy has been designed to ensure that the outcome, health, wellbeing and successful recovery of a Patient are realised. Failure to adhere to this policy could put the Patient’s health at risk and/or affect the outcomes.

1. All Patients must attend post-operative appointments scheduled by the HMG clinical team and follow advice and guidance set out in the Patient Information Guide provided.
2. No expenses in relation to travel, accommodation or time off work will be recoverable from HMG for the Patient, chaperone, family member, or any other person.
3. Failure to attend two consecutively scheduled post-operative appointments will result in HMG being no longer obliged to offer further appointments.
4. If the Patient moves to another area or part of the country, the Patient will be expected to travel to meet with their operating Surgeon/Doctor; HMG will not cover such travel costs.
5. If a patient’s operating Surgeon/Doctor no longer consults from their local clinic, the Patient will be expected to travel to another HMG Clinic to meet with their operating Surgeon/Doctor; HMG will not cover such travel costs.
6. If a scan or other investigative work is required as part of the treatment plan, or needed to ascertain if treatment is required, this cost will not be covered by HMG.
7. In the event of Capsular Contraction, Baker Grade III or above, within 12 months of the original Procedure, surgical intervention would be required, this would be covered under our normal terms and conditions regarding revision surgery as detailed below at point (11).
8. In relation to cases of breast implant rupture confirmation of diagnosis would be required, with a scan. This would then be referred to the implant manufacturer to ascertain the terms of their warranty. HMG will not be responsible for the cost of any scans or investigations required.
9. If the Patient has their implants removed by another cosmetic surgery provider for any reason, and such implants are found to be ruptured, HMG will not be responsible for any implant related costs. The Patient should contact the implant manufacturer to take advantage of the implant warranty/guarantee if applicable.
10. HMG does not accept any liability for any associated medical condition that is directly related to any prosthetic used. HMG will ensure that any prosthetic supplied meets the required regulatory standard at the time of use.
11. Revision Policy
• In rare cases the Patient may consider that the outcome of their Procedure does not meet the expected result agreed between the Surgeon and the Patient during the Consultation. In those situations consideration will be given to the possibility of improving the result through further surgery.
• All revision requests made by operating Surgeons are reviewed by the HMG Multi-Disciplinary Team (DMG) in line with these Terms and Conditions, before revision can be offered.
12. This Revision policy is subject to the following provisos:
• The Patient must have expressed their dissatisfaction with the outcome to HMG in writing within twelve months of the surgery date and been seen by the operating Surgeon.
• In cases where the results of the Procedure originally provided have, in the opinion of the Surgeon, been compromised by lifestyle, illness, the natural ageing process or by any failure of the Patient to fully adhere to the instructions, recommendations or advice of the Surgeon or clinical team, HMG will not be obligated to provide revision surgery. This includes failure to attend post-operative nurse or Surgeons review appointments.
• Revision surgery is only provided on the original consented procedure and therefore any additional surgery will be chargeable to the Patient. This would include a change to the size of the breast implants originally used.
• Upon approval of revision by the Multi-Disciplinary Team, HMG will provide all surgical and hospital services free of charge to the Patient.
• If, however, the Surgeon decides that the results of a Procedure are acceptable and within the normal limits of surgery, then our normal charges for surgery, will be applied.
• If the original operating Surgeon is not available, we will endeavour to provide a review with an alternative Surgeon. Please be advised that this alternate Surgeon is not obliged to undertake your care or any further surgery.
• Any approved revision surgery must take place within 24 months of the date of original surgery. Fees will be applicable to the Procedure outside 24 months.
• In the event of revision surgery being cancelled or postponed for non-medical reasons within 4 weeks of the operation date, no further free of charge revision surgery will be offered and therefore HMG fees will be applicable.
• If the original Procedure was a day case Procedure and the revision Procedure requires an overnight stay, this will come at an additional cost to the Patient.
• Where a revision Procedure is required, the Patient agrees that no expenses in relation to travel, accommodation, or time off work will be recoverable from HMG for the Patient, chaperone, family member, or any other person.

5. THE SURGEON’S/DOCTOR’S OBLIGATIONS AND THEIR RELATIONSHIP WITH HMG AND THE PATIENT

1. Any Surgeon to whom HMG refers a Patient for a possible Procedure has a direct professional relationship exclusively with the Patient and is professionally and legally responsible for, and accountable directly to the Patient for all Procedures provided.
2. Following the provision of basic information by HMG outlined in 2.6 above the Surgeon is also solely responsible for:
• providing the Patient with detailed clinical information in relation to the Procedure.
• providing the Patient with detailed pre-and post-operative instructions.
• providing the Patient with detailed information in relation to the expected outcome, limitations and the reasonable alternatives of the Procedure.
• informing the Patient in relation to risks and possible complications associated with the Procedure.
• ensuring that the Patient has provided consent to the Procedure.
3. The Surgeon is responsible for the care, and including any delegated care of the Patient required following a Procedure.
4. HMG cannot and does not accept any responsibility or liability for matters within the scope of the professional and/or legal responsibility of the Surgeon.
5. All Surgeons are independent contractors in private practice and are not employees of HMG.
6. In the event that the Patient wishes to bring a claim relating to the Procedure, for whom the Surgeon is legally responsible, HMG will provide the appropriate Surgeon details to the Patient.

6. FEES AND PAYMENT TERMS

1. A Consultation with a Surgeon is chargeable, this fee is non-refundable in any event to include but not limited to the decision to not proceed with surgery or being deemed unsuitable to continue a surgical journey.
2. The Patient is responsible for paying any necessary fees which will be outlined in your initial consultation.
3. An additional deposit amount is required to secure a Procedure date if booking is made more than 8 weeks prior to surgery.
4. The full Balance payable for a Procedure must be received at least 8 weeks before the Procedure date.
5. THE PROCEDURE FEE WILL COVER:
• Hospital treatment and accommodation including Patient catering.
• Nursing Care.
• Operating Theatre charges.
• Appropriate drugs and medication relating to the Procedure in the hospital.
• Appropriate dressings relating to the Procedure in the hospital.
• Where appropriate, the prosthesis in the standard range of the supplier or that specifically agreed.
• Routine Pre-Operative blood tests. – Full blood Count, Urea & Electrolytes / Clotting Screen (if required). The cost of any other blood tests will be chargeable to the patient.
• Routine Pre-Operative swabs – MRSA.
• Electrocardiogram carried out at an HMG facility (at selected sites only).
• Pre-operative and post-operative medical photographs taken by the Nurse. These form part of the Patient’s confidential medical record.
• Surgeon fees during the hospital stay to include the surgical Procedure and necessary pre and post-operative consultations in line with HMG’s aftercare policy.
• Anaesthetist fee which includes a pre-operative visit, the operation and immediate inpatient post-operative care.
• HMG Aftercare, pursuant to this agreement.
• One appropriate post-surgical garment, relating to the Procedure, excluding bras. Any additional garments required will incur a fee.
• HMG will cover the cost of prescriptions in the event of a post-operative infection in relation to the surgery that’s carried out.
• Any specialist dressing required for post-operative wound complications if deemed clinically necessary.
6. THE PROCEDURE FEE WILL NOT COVER:
• Electrocardiogram examination carried out outside HMG facility, X-rays, Ultrasound scans, MRI scans, Mammograms or any other diagnostic examinations. Any subsequent remedial treatment needed following examination results will not be covered (pre and post-operatively).
• Any prescription drugs prescribed outside of term ‘d’ as set out above.
• Any additional cost of further pre-operative blood tests of a non-standard nature as may be determined necessary by the Surgeon/Doctor or Anaesthetist.
• Any additional specialist referrals.
• Additional night’s stay at the hospital - This will be charged at the current rate, as agreed at the time of booking.
• Expenses relating to Procedure results, including but not limited to Manual Lymphatic Drainage (MLD) massages following Vaser surgery.
• The Procedure fee does not cover any costs incurred for non-compliance or breaches of these terms and conditions; this includes additional aftercare resulting from said breach.
• HMG does not cover the cost of loss of earnings for a Patient or their chaperone/family.
• HMG does not cover the cost of a Patient’s or their chaperone’s travel /accommodation /food, or any other related expenses in connection with both the original and/or the revision surgery. This applies even in the case of a Force Majeure; all costs need to be covered by the Patient and/or their chaperone/family.
• The cost of specialist dressings requested by the Surgeon electively post operatively.
• HMG does not cover the cost of a psychological referral or report.

7. CANCELLATION

Procedures can be cancelled by either the Patient or HMG. This section aims to explain the consequences of a cancellation.

1. Cancellation by a Patient
• All cancellations by a Patient must be communicated by email or letter to the relevant Clinic/Clinic Manager.
• Fees paid for a Surgeon Consultation are fully refundable provided notice of cancellation is received from the Patient by HMG at least 7 days prior to the scheduled date of the Consultation.
• In all instances, a Patient has a 14 day cooling off period after the Surgeon Consultation, in which they may cancel their Procedure subject to the Surgeon Consultation fee.
• Following a Surgeon Consultation and where a Pre-operative assessment has been provided the deductions below, inclusive of an administration fee will apply.
• Should a Patient wish to cancel a booked Procedure the charges in the cancellation charge table will apply.

  Cancellation Charge Table

  Date of receipt of written notification	Cancellation Charge
  Over 8 weeks prior to Procedure date:	£100 Administration Fee £125 Surgeon consultation Fee. £225 if a pre-operative assessment has taken place
  Between 8 weeks and 4 weeks prior to Procedure date:	As above, plus 20% of total Fee or £500.00, whichever is greater
  Between 4 weeks and 2 weeks prior to Procedure date:	Admin and consultation fees, plus 50% of the total fee
  Less than two weeks to Procedure date:	Full Procedure Fee is chargeable

 

2. Cancellation of a Procedure by the Surgeon/Anaesthetist:
• HMG reserves the right to cancel or postpone a Procedure if, in the opinion of the Surgeon or Anaesthetist, the Patient is medically unfit for treatment or the treatment requested is deemed inappropriate for the Patient and there is no alternative treatment plan to achieve the same purpose.
• If the Surgeon considers that a postponement of the Procedure is appropriate in the best interest of the patient, a new date for the Procedure will be provided and no postponement charge will be payable. If the Surgeon considers that the Procedure should be cancelled for medical reasons a full refund of the Fee paid by the Patient will be given less the surgeon consultation fee plus any pre-operative assessment that has taken place, as per table above.
• If surgery is cancelled due to the Patient either not informing HMG or the Surgeon of any known existing or previous medical conditions or a history of drug use (see section 3.5 above) if the patient does not follow the pre-operative advice provided by the Surgeon or any other Clinician, including an Anaesthetist, then the Patient will be subject to the cancellation fees as per table above.
• HMG reserves the right to cancel or postpone a Procedure in relation to Covid 19.
• Should a patient test positive for Covid, a new date should be scheduled in accordance with recent government guidance and within 6 months of the original surgery, subject to HMG availability.
3. Cancellation by HMG

   HMG reserves the right to cancel the Procedure if it is in the interest of patient safety and welfare, and/or the patient’s failure to follow the advice given by the HMG Clinical Team, and/or the associated literature/Patient Information Guide provided

• The Patient shall comply with all pre-operative instructions provided by HMG; failure to do so will result in cancellation.
• HMG reserves the right to cancel the Procedure should the Patient or their chaperone/family member display abusive behaviour towards HMG staff, Surgeons, Doctors, hospital staff or any other person.
• HMG reserves the right to cancel the Procedure should the Surgeon/Doctor not feel comfortable operating on the Patient due to the Patient displaying unusual behaviour and/or obvious uncertainty.
• If the Patient is found to be medically unsuitable for the Procedure, or that it transpires that medical information was known by the Patient but undisclosed to HMG, this will result in cancellation.
• The Patient will incur the cancellation fees as set out in the table above.
• In the event of the Procedure being cancelled for any of the reasons above or under Force Majeure, including but not limited to the hospital facilities or the Surgeon becoming unavailable, the Patient agrees that no expenses in relation to travel, accommodation or time off work will be recoverable from HMG for the Patient, chaperone, family member, or any other person.
4. HMG reserves the right to cancel a Procedure if the Balance has not been paid by the due date. In such circumstances the following charges will apply:
• £100 Administration fee; Plus
• £125 Surgeon consultation fee (if taken place); plus
• £225 if any pre-operative assessment has taken place; plus
5. To protect patient wellbeing, clinical criteria and suitability for a Procedure (as determined by the operating Surgeon/Doctor or Anaesthetist) may be updated from time to time. This could affect such things as safe body mass limits, mental health status, medical conditions such as diabetes, heart conditions and the effects of medication. In these circumstances a Procedure could be postponed or cancelled.

8. POSTPONEMENT

1. Postponement by a Patient
• A Procedure may be postponed for up to twenty-four months if postponed for reason of pregnancy, (unless the pregnancy is confirmed within 2 weeks of the procedure in which case the cancellation fees as outlined in the Cancellation Charge Table (Section 7) will apply or twelve months for any other medical reason subject to payment of the postponement fee outlined below.
• HMG will retain all Fees paid on the Patients account during the period of postponement. Should the Patient need to postpone the Procedure, the following schedule of postponement charges will apply. Should the postponement charge not be paid then Fees will be retained as per the cancellation schedule in section 7.1 (d) it is the Patient’s responsibility to reschedule the Procedure. Where a Patient fails to reschedule the Procedure, any Fees paid will not be refundable.

  Postponement Charge Table

  Date of receipt of written notification	Postponement Charge
  Over 8 weeks prior to Procedure date:	No Charge
  Between 8 weeks and 4 weeks prior to Procedure date:	£500
  Between 4 weeks and 2 weeks prior to Procedure date:	£1500
  Less than two weeks to Procedure date:	£2500

• All postponements by a Patient must be communicated by email or letter to the relevant Clinic/ Clinic Manager.
• Postponement fees are applicable to revision procedures, as set out in the table above.
• Any subsequent cancelation of the surgical procedure will be chargeable based on the Terms and Conditions of the original procedure date.
2. Postponement of a Procedure by HMG
• HMG reserves the right to change the date or venue of the Procedure if it becomes necessary for reasons beyond HMG’s control. In such a case, the Patient will not be entitled to any refund in that event.
• HMG will offer a new date as close to the original date as possible but in any event will ensure that this is within 6 months period of the original date booked. Where it is not possible for HMG to accommodate the reschedule within the twelve week period, a refund may be given at HMG’s discretion.

9. REFUND PROCESS

Any refund must be approved by HMG Support Office to ensure that it falls in line with these Terms and Conditions. Once approved, a refund will normally be paid within 28 working days. The refund will be paid in the following ways:

1. Payment made on a credit or debit card – the appropriate amount will be repaid to the same card that was used to pay for the Procedure. The amount repaid cannot exceed the transaction amount paid on the card to HMG.
2. In certain circumstances a Bank transfer may be required.
3. If the amount was paid by a person other than the person having surgery, then a third-party repayment form needs to be completed.
4. Payment made via a Finance agreement – a refund of the deposit taken by HMG will be refunded subject to the refund policy and the finance agreement will require cancelation by the patient given that this is a separate contract between the lender and the patient. All cancellations charges still apply as detailed in the cancellation section.

10. COMPLAINTS

1. In the event that the Patient is unhappy with the service provided, any complaint should be made as soon as possible to the Clinic Manager, verbally or in writing.
2. If the Patient has concerns regarding service or results and fails to resolve these at the HMG Clinic in the first instance, and would like their complaint formally investigated at stage 2, they should submit their further complaint in writing; letters should be addressed to the Clinic Manager directly.
3. Patients may request a copy of the HMG complaints protocol from any HMG Clinic. The complaints protocol can also be found displayed in and around all HMG clinics and on the HMG website.
4. Complaints should be made as soon as reasonably practicable, or within 6 months of the incident of concern to ensure the realistic opportunity of conducting a fair and effective investigation. HMG reserves the right to decline a complaint made after this timeframe unless there is a valid reason as to why the complaint was not made sooner.
5. If any complaint is received from a third party of a Patient, written permission will be sought from the Patient before this complaint is acknowledged and investigated.

11. CONFIDENTIALITY AND DATA PROTECTION

1. HMG processes data relating to Patients in connection with the Procedure provided to those Patients in accordance with these Terms and Conditions.
2. HMG will disclose Patient data to Clinicians and Hospitals in the course of the Procedure and the Patient’s consent to such disclosure is considered essential to the Procedure.
3. The Patient acknowledges that HMG is obtaining this consent for themselves in order that they may comply with the provisions of the Data Protection Act 2018.
4. Other than these disclosures, or as required by law, HMG will not disclose Patients’ sensitive personal data to third parties, except as disclosed in our privacy notice.

12. ACCESS TO MEDICAL RECORDS

1. If the Patient requests to view their medical records and/or photographs at an HMG clinic, a Surgeon/Doctor, or a member of the HMG Clinical Team must be present. This must be arranged by prior appointment.
2. The Patient has the right to access any of their personal data that is being held by HMG. A copy of the Patient’s medical records or photographs may be requested in writing or by verbal communication to the Registered Manager of the Clinic. HMG will respond within 1 calendar month of receipt of the request. Full details are contained in HMG Medical Records and Data Protection Policy, a copy of which is available from the Registered Manager.
3. Photographic ID must be provided before the patient’s medical records are made available.

13. NO VARIATION

There can be no variation or exceptions to these Terms and Conditions unless agreed in writing and countersigned by a Director of HMG. HMG reserves the right to amend, change or delete such Terms and Conditions as it deems appropriate.

14. LEGAL JURISDICTION

1. The services provided by HMG and by the Clinicians shall be governed by the laws of England and Wales, whose courts shall have exclusive jurisdiction.
2. FORCE MAJEURE
• If HMG is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure /circumstances beyond the reasonable control of HMG, HMG shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
• Acts of God, including but not limited to flood, drought, earthquake or other natural disaster;
• Epidemic or pandemic to include any government restrictions;
• Terrorist attack, civil war, civil commotion or riots, war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
• Nuclear, chemical or biological contamination or sonic boom;
• Any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition;
• Collapse of buildings, fire, explosion or accident; and
• Interruption or failure of utility services, including but not limited to electric power, gas or water.
3. The corresponding obligations of the Patient will be suspended, and it’s time for performance of such obligations extended, to the same extent as those of HMG.
4. HMG shall:
• As soon as reasonably practicable after the start of the Force Majeure, notify the Patient in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure on its ability to perform any of its obligations under these Terms and Conditions; and
• Use all reasonable endeavours to mitigate the effect of the Force Majeure on the performance of its obligations.
5. If the Force Majeure presents, hinders or delays HMG’s performance of its obligations for a continuous period of more than ninety (90) days, either party may terminate this agreement by giving thirty (30) days’ written notice to the other party.