Terms and Conditions

Terms and Conditions

These terms may have to be changed or amended from time to time. These terms were last updated on:

08 March 2024.

1. Booking
   'Berkeley Psychiatrists' enables individuals in the United Kingdom ("Patient/s") to connect in real time, via streaming video, chat and instant messaging with participating psychiatrists (the "Clinicians") via the Semble Platform, a secure online software platform, in order to gain qualified and professional medical advice and be provided with related services including referrals. If agreed with a Clinician Patients may also purchase private prescriptions for certain medication(s) (collectively the "Services" or a "Service").
   By making a booking at 'Berkeley Psychiatrists' you accept that the provision of Services will occur on a private self-pay basis. 'Berkeley Psychiatrists' Psychiatry will not share the patient's medical information with the patient's GP unless instructed by the patient to do so. You will be presented with your options regarding medical record sharing before you start your first consultation on the Semble Platform and the choice to share your medical records is entirely yours.
   You understand that by booking an appointment with 'Berkeley Psychiatrists' an electronic medical record ("EMR") will automatically be created on the Semble Platform.
   Semble is accessible through all full desktop operating systems (MacOS, Windows, Linux, etc) as well as Chrome OS. Semble does not support Internet Explorer and all versions of Microsoft Edge that are not Chromium based. However, in some cases the assigned Clinician may opt to make the consultation happen through Skype, or any other software platform at the patient's discretion. The choice to use alternative software platform is ultimately up to the Clinician.
   Technical or security threats or issues affecting the infrastructure may require us to suspend our services and postpone consultations to ensure they are secure and/or operating optimally. We will minimise these suspensions, but are not responsible to refund charges or compensate you if they occur, unless they exceed 30 days in length, in which event you may cancel your agreement to take a consultation with us and receive a full refund.
   Anti-virus software and anti-malware devices are in use on the website but we cannot guarantee that the website will be free from viruses or malicious software so please ensure anti-virus and anti-malware software are in operation on any device with which you use to access our website.
   You must not attempt to gain unauthorised access to the services or Website.
   When you complete your booking, which may happen over the phone or via our website, you accept these Terms and Conditions and our Privacy Policy.
2. Purchase and Delivery of Services
   The purchase of goods or services online, usually comes with a statutory right for you to cancel your order within fourteen (14) days after the day on which the contract is entered into ("Cooling-Off Period") without giving any reason.
   When you make your first appointment with us (whether by phone or online) you have the choice to waive these rights. By booking an appointment that is less than 14 days from the date of booking, you acknowledge that you have waived your statutory right to cancel during the Cooling Off period. This is so we are able instantly to start providing the Services and/or secure time with a Clinician in advance to ensure their availability.
   You agree that the provision of any Services is subject to your payment in full of any costs relating to consultation, administrative and/or delivery fees that you incur in relation to the services pursuant to 'Berkeley Psychiatrists' Fees.
   Any and all fees and charges, without exception, incurred at the time of booking are your responsibility as the account holder (If there is any question with regard to who is responsible for the fees and charges incurred, 'Berkeley Psychiatrists' will refer to the details provided at the time of booking and that individual shall have the legal responsibility for all fees and charges and no alternative position shall be acceptable to 'Berkeley Psychiatrists') and must be pre-authorised prior to you receiving any of the services, in whole or in part, whatsoever and settled immediately after the services have been provided, in whole or in part.
   You agree that any unpaid balance due hereunder shall immediately become overdue and bear daily interest at the rate of 10% per annum above [bank]'s lending rate, and that costs of collection, including any Court costs and reasonable legal costs shall be added as principal amounts to such balance.
   'Berkeley Psychiatrists' reserves the right to modify its fees and/or pricing structure at any time, at its sole discretion and implement the new fees and/or price structure at any time prior to billing you for payments due pursuant to these Terms and Conditions. You understand that the Semble Platform and / or services may not be provided or consultations ended or cancelled if your billing information is inaccurate, invalid, without funds (not in funds) or any pre-authorisation by us provides a negative response (as determined by 'Berkeley Psychiatrists').
   You expressly grant 'Berkeley Psychiatrists' license to pre-authorise or charge any debit and/or credit cards in your account before enabling the provision of the services (including the confirmation of an appointment time and date has been allocated to you) and you accept that failure of our pre-authorisation or authorisation processes by you is likely to result in the services not being provided to you.
3. Prescribing Medication
   Clinicians will not prescribe medicines unless it is, in their professional opinion, in the best interests of their patient (and they may not be able to prescribe some medicines based on an online consultation, depending on the condition and your location).
   You understand and accept there is no guarantee whatsoever that you will be issued or provided with a prescription for any medication and acknowledge that the issuing of any prescription is at the sole discretion of the Clinician, subject to the limitations applied by 'Berkeley Psychiatrists' policies from time to time.
   You accept that if we provide you with prescriptions they will be private prescriptions unless otherwise stated during your consultation. We charge for a private prescription and you will also incur the cost of the medicine(s) prescribed. You acknowledge this price is set independently by the pharmacy and not by 'Berkeley Psychiatrists' (Berkeley Psychiatrists Ltd.).
   Any prescription that you receive via 'Berkeley Psychiatrists' is only valid for use at legal UK pharmacies. You understand and agree that any prescriptions you acquire from us are solely for your personal use. Furthermore, you agree carefully to read all information provided to you and to follow the instructions provided, on the prescription(s) itself (the label applied by the pharmacy) or otherwise, prior to taking any of the prescribed medicines. You also hereby agree to contact your Clinician, another doctor or a pharmacist if you have any questions or do not fully understand the reasons you have been prescribed any medication or the instructions related to the medication.
4. Delivery of Medication
   After the Patient Consultation concludes the Clinician may decide on issuing a Prescription. The prescription is then posted by mail or submitted otherwise (for non-controlled medications) to any pharmacy that has been identified by Berkeley Psychiatrists as complying with our clinical governance structures. Dispensing and delivering of medications to the patient is not processed by Berkeley Psychiatrists, but by any pharmacy used for those purposes by Berkeley Psychiatrists. Further to the dispensing pharmacy (usually Pharmacierge) arranges for the Prescribed Medication to be delivered to the Patient according to their regulations.
   There is no guarantee that a Clinician will agree to re-issue any document. In the event that the Clinician re-issues your lost prescription, report or letter you will be charged in accordance with the current cost for a copy.
5. Electronic medical records (EMR)
   Your EMR is created for you by Berkeley Psychiatrists to document (by way of consultation with your clinician), store and access your personal health information online, including medical history, current health conditions, and medications etc, and for your Clinician to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable UK law. Any information provided as part of a consultation (which may be made up of video, chat messages etc) becomes part of your EMR when attached to the records by your Clinician. If you want a particular detail added to your EMR it is your responsibility to express this view to your Clinician whilst in consultation.
   It is your responsibility to confirm any information during a consultation with a clinician so as to ensure the accuracy of your 'Berkeley Psychiatrists' EMR. 'Berkeley Psychiatrists' is not responsible for maintaining a complete record of all data arising from use of the Services. 'Berkeley Psychiatrists' reserves the right to maintain, process, review, delete or destroy all communications and materials posted or uploaded to the Semble Platform. Please note that your Clinician is obliged to use the information included in your EMR solely in accordance with their legal obligations including, without limitation, obtaining any consents or authorisations that may be required for your information to be shared with other participating providers. However, by requesting a consultation you agree to disclose the full contents of your EMR to the Clinician who will conduct your consultation.
6. Consultations
   Subject to availability, you can choose to book an appointment in advance. After you have requested an appointment you will be sent written confirmation of the appointment in the form of an email; if you do not receive such confirmation within 24 hours of requesting your appointment (or, if sooner, within 4 hours of the start of your intended appointment) please contact 'Berkeley Psychiatrists' to check we have received your booking request. 'Berkeley Psychiatrists' will advise you by email as soon as possible if it has to amend, change or cancel any consultation that you have booked.
   You may be asked to show photographic identification, issued by the UK Government (passport or driving license) during a video consultation to enable our psychiatrists to confirm your identity before prescribing certain medication.
7. Rescheduling Appointments
   It will not be possible to reschedule appointments within 5 working days of your appointment.
8. Late arrival and Cancellation of Appointments
   If you have booked a session in advance via the Semble Platform or through phoning 'Berkeley Psychiatrists', you may arrive and enter the consultation that you have booked up until fifteen (15) minutes after the scheduled start time of that session. For example, if you have a 1 hour session booked at 3pm, you may arrive and start the consultation as late as 3.15pm, but no later.
   If you choose to cancel your appointment giving 5 or more working days' notice, we will provide a full refund. If you request to cancel your appointment between 2 and 5 working days before the appointment, a 50% fee (of the invoice total) will be payable. If you request to cancel an appointment within 2 working days of appointment, the full invoice amount will be payable.
   You may cancel any booking you have made by contacting us via email or telephone. If your cancellation is successful you will receive an email from Semble Platform to that effect; if you do not receive the cancellation email then you must either try again or contact us. You accept that 'Berkeley Psychiatrists' is not responsible and will accept no liability for any costs, expenses or losses arising from your failure properly to cancel any consultation with 'Berkeley Psychiatrists'. You accept that failure to cancel an appointment may lead to you being charged a cancellation fee (see below) and/or the full fee for the appointment that you failed to cancel, subject to 'Berkeley Psychiatrists'' sole discretion.
   We may terminate our agreement with you:
   • If for reasons outside our control, we are unable to provide the Services as detailed in these terms
   • If any fees or charges are not paid when due, and you still do not make payment within fourteen (14) days of us reminding you that payment is due on time
   • You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example valid contact details
   • If you breach any of these Terms and Conditions
   You must compensate us if you breach these Terms and Conditions. If this happens we may deduct from any refund due to you, or charge you, reasonable compensation for the net costs we will incur as a result of your breach. 'Berkeley Psychiatrists' will advise you of any termination via the contact email you have provided us with.
   Missed appointments occur when either you or a Clinician is not present in the video-consultation by the start time (as published by 'Berkeley Psychiatrists' on the Semble Platform) of an appointment confirmed by 'Berkeley Psychiatrists' (save that you may be up to fifteen (15) minutes late, as explained above). In these instances you understand and agree that the following rules apply:
   a) If an appointment is cancelled with more than 7 days' notice we will provide a full refund. If an appointment is cancelled between 2 and 7 working days before the appointment, a 50% fee (of the invoice total) will be payable. If an appointment is cancelled within 2 working days of appointment, the full invoice amount will be payable.
   b) If a Missed Appointment occurs because a Clinician did not attend your appointment in time, we will refund the charge.
9. Refunds and Disruptions
   If your consultation is determined by 'Berkeley Psychiatrists' (at its sole discretion) to have been disrupted, which terms shall include but not be limited to 'Berkeley Psychiatrists's suspension of the Semble Platform at the time of the appointment, a clinician ending an appointment at your request because you know them (Disrupted Consultation), 'Berkeley Psychiatrists' will refund the appointment.
   If you think you are due a refund you must contact us as soon as possible providing details of the consultation and a full description in writing of the issue or concern you are raising.
   We do not provide refunds where 'Berkeley Psychiatrists' is not at fault, such as in the following circumstances (which is not an exhaustive list but an indication only):
   1. If you are unable to have a private prescription, legitimately and correctly provided, fulfilled and/or the associated medication dispensed at a pharmacy of your choice for whatever reason.
   2. If your consultation is disrupted because of your actions, as determined by us exclusively. Where and when appropriate we will provide a refund and at our sole discretion.
   3. If you have missed a booked appointment, as determined by us exclusively. In this instance you will be charged the cancellation fee as described above.
   4. If a Clinician fails to attend your appointment, as determined by us exclusively, we will provide a refund.
   5. If you do not receive a prescription or referral letter because of a consultation via the Semble Platform.
   6. If it took longer than the published waiting time on the Semble Platform for your consultation to start.
   7. If you did not use all available minutes in any appointment that you have started.
10. Complaints Procedure
    On receipt of a formal complaint the Registered Manager will:
    Acknowledge a written complaint within three working days of receipt, enclose complaints leaflet, or give a brief indication of the process and the anticipated time for response.
    Send a copy of the complaint to the relevant director or service lead asking them to advise on the most appropriate way of resolving the complaint, e.g. by a meeting, telephone call or investigation and formal letter.
    Ask the relevant director or service lead for a report on the concerns raised by the complainant.
    Upon receipt of the advice from the department, send a letter to the complainant on behalf of the BERKELEY PSYCHIATRISTS with either an offer of a meeting or telephone conversation with relevant staff in the department, or confirmation that a formal investigation is underway (again indicating anticipated time for response).
    Record the details of the complaint onto the Berkeley Psychiatrists ’s complaints register.
    Advise the Board of Directors of any complaints that may have legal implications.
    Monitor the agreed time scale for response to a complaint
    If the Directorate decides to resolve the complaint by way of a formal letter of response to the complainant, draft a written response for the Board of Directors to consider alongside the information received from the relevant Clinical Director or Registered Manager. This may be in the form of a letter or an investigation report together with a covering letter.
    Include in the response details of any action, which is being taken to implement changes in practice and procedure identified as a result of the complaint.
    Ensure final letters of response or investigation reports are sent to the appropriate staff for approval of the content before being sent to the complainant.
    Send approved final response to complainant within agreed set timescale. If the final response will be delayed inform complainant in writing.
    Ensure copies of the response to the complaint are sent to the relevant staff.
    Be responsible for maintaining secure and accurate records of each complaint.
    Monitor complaints which are reopened to identify whether the initial investigation and response was appropriate or whether new issues have been raised.
11. Disclaimers
    - Medical Disclaimers: 'Berkeley Psychiatrists' makes no representation or warranty as to the content of any treatment response from any clinician; Clinicians are independent contractors and not employees of 'Berkeley Psychiatrists' and any views expressed or advice provided by clinicians are not necessarily endorsed by 'Berkeley Psychiatrists'. You and your clinician are solely responsible for all information provided and/or advice given via the Semble Platform and the services.
    - Always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns – and before starting, stopping or modifying any treatment or medication.
    - 'Berkeley Psychiatrists' does not guarantee that a video/chat/picture message consultation is the best course of accessing advice or indeed the appropriate course of treatment for your healthcare concern or medical issue. You agree to contact your 'Berkeley Psychiatrists' consultant or your GP immediately should your condition change or your symptoms worsen (if you are not registered with a UK doctor you agree to contact your local walk-in centre or hospital for advice). If you require urgent care, you should contact your nearest emergency services centre immediately.
    - Content Disclaimers: No information whatsoever or howsoever found on this website or the Semble Platform, (other than advice provided by a clinician in a consultation) should be relied on as medical advice, professional or otherwise. Nothing contained on the Semble Platform should be construed, directly or indirectly, as the practice of medicine by 'Berkeley Psychiatrists', which only arranges the service of connecting you to a clinician.
    - 'Berkeley Psychiatrists' makes no warranties or representations as to the accuracy of articles and other material published on this website or the Semble Platform and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such material.
    - General Disclaimers: We do not guarantee that the Semble Platform will be secure or free from bugs or viruses.
    - You are responsible for configuring your information technology and computer programmes in order to access the services. You should use your own virus protection software.
    - You are also responsible for ensuring that all persons who access the services through your internet connection are aware of and comply with these Terms and Conditions.
    - 'Berkeley Psychiatrists' makes no representations or warranties about: the satisfaction of government regulations requiring disclosure of information on prescription drug products; or any treatment, action or application or preparation of medication based on information offered or provided services.
    - 'Berkeley Psychiatrists' do not endorse the promotions, products or services of any third parties, nor does it warrant or validate the accuracy of any third-party advertisements, promotions, communications or other materials. 'Berkeley Psychiatrists' does not assume any responsibility or liability for the accuracy of information contained on any third-party websites.
12. DVLA & ADHD
    - ADHD is not an acquired condition, one is born with it. Any relevant symptoms will be present from a young age and therefore also during a driving test. If the patient passed that test, it is direct evidence that testing their driving skills during a real-life, situational examination proved that the ADHD was not affecting driving sufficiently to cause concern to a trained, statutorily qualified, examiner. In other words: a diagnosis made at a later date does not retrospectively erode the validity of the passed driving test, done previously.
    The DVLA states:
    a. You do not need to tell DVLA about your condition unless you think that it may affect your ability to drive safely.
    Ask your doctor if you’re not sure if your condition will affect your driving.
    b. If you already have a car or motorcycle licence you need to tell DVLA if:
    i. there is a change to your condition that may make you an unsafe driver
    ii. you are prescribed medication that causes side effects that will affect your driving Medication for ADHD is likely to improve someone’s driving skills, if these were somehow less than optimal before treatment started.
13. Service Reliability and Warranties
    'Berkeley Psychiatrists' makes no warranty that the Semble Platform or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. 'Berkeley Psychiatrists' is not responsible for transmission errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.
    'Berkeley Psychiatrists' will take all reasonable precautions to protect against failure of its equipment and software and will perform regular back-ups of all data stored. You acknowledge and agree that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Semble Platform and/or the Services, in which circumstances any booked sessions may require re-arranging.
14. Branding and Creative Material
    We own copyright and other intellectual property rights for the 'Berkeley Psychiatrists' Website, for our Services and their content, including the voice recordings of consultations. (Berkeley Psychiatrists Ltd.).
    You are not permitted to copy, distribute or make any business use of any material within the 'Berkeley Psychiatrists'.
    'Berkeley Psychiatrists' mark, logo and combined mark and logo are our trademarks of the Company or its affiliates in the United Kingdom. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks of other businesses or our affiliates or Partners.
15. No Third-party rights
    Nobody else has any rights under these Terms and Conditions. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16. Applicable law:
    These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland 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 English courts.
17. Severability
    If a court finds part of these Terms and Conditions illegal for any reason, the rest will continue in force. Each of the clauses operates separately; if any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.
18. Waiver
    Even if we delay in enforcing any of these Terms and Conditions, we can still enforce them 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 breaching these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later. For example, if you miss a payment and we do not invoice you but we continue to provide the Services, we can still require you to make the payment later.
19. The decision to assist with a patient’s Personal Independence Payment (PIP) application is at the clinician’s discretion.
20. Clinicians who provide their services at Berkeley Psychiatrists will not provide medication titration to individuals who have not received their diagnoses by a clinician who has been providing their services at Berkeley Psychiatrists

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