Payment Terms and Conditions

Terms and conditions for the acceptance of card payments

1.  Introduction

1.1  Thank you for visiting Our website.  This page tells You information about Us and establishes the legal terms and conditions (the “Terms”) upon which We are able to accept Your payment.

1.2  This page is important so You should read it carefully and make sure that You understand it and its implications before going any further.  You should only indicate Your acceptance if You have read this page and all other policies it refers to and You are prepared to proceed on the basis described.

1.3  If You do not accept these terms then You will not be able to use the Payment Gateway to make a payment and You should contact Us for further options.

1.4  If You encounter any problems using this website or the Payment Gateway then You should contact Us immediately.

1.5  We operate a policy of continuous development.  From time to time We may update these Terms, and We will make reasonable efforts to bring any changes to Your attention.  Consequently these Terms are subject to change at any time and each transaction shall be subject to the specific Terms in place at the time of the transaction.

2.  Parties

2.1  In these Terms:

(a)  “We” or “Us” or “Our” means Hythehopes Limited, incorporated and registered in England and Wales with company number 03242863 whose registered office is at 43 Bridge Road, Grays, Essex  RM17 6BU;

(b)  “You” or “Your” means you, being the person using this website to make a payment.

(c)  “Invoice” means the invoice that We have issued to You on behalf of the named medical practitioner detailing Your medical fees.

(d)  “Web Policies” means the various policies and agreements governing Your use of Our website, including but not limited to Our cookie policy, Our acceptable use policy, Our privacy policy, and Our terms of use.

3.  Card payments

3.1  If You wish to pay Your Invoice by using either a credit or debit card then You must indicate this when asked to do so.

3.2  To make a payment You must have the Invoice number and reference (if any).  These can both be found on the Invoice and You should take care to ensure that You enter these details correctly.

3.3  Your payment will not be collected or processed by Us but by an online gateway system (the “Payment Gateway”).  This is operated by a third party.  We do not have any control over the Payment Gateway, and You must familiarise Yourself with any specific terms and conditions that may apply.

3.4  We do not retain or control or share any information entered by You into the Payment Gateway.

3.5  We believe that the Payment Gateway offers a secure payment method, but We do not offer any such representation or warranty that this is the case.  Any such liability on Our part is excluded to the fullest possible extent.

3.6  Payments can only be accepted in pounds sterling.  If Your Payment Card is registered to an address outside the United Kingdom You should refer to the Payment Gateway and Your Payment Card issuer for more information about the basis upon which You will be charged.

3.7  You must not use any Payment Card unless You are the cardholder or You have the cardholder’s authority to use it.

3.8  We will request that the Payment Gateway describes Your payment on Your Payment Card statement as or similar to “Consultant Medical Fees”.

4. Security

4.1  The security of Our website and the Payment Gateway is extremely important to Us.  A number of security mechanisms have been implemented to protect You and Your data while using this facility.

4.2  Before You proceed, You must ensure that this website address starts with “https” and that Your browser confirms that You have entered a secure area.  This is usually shown by a padlock sign appearing in your browser.

5.  Confirmation of Payment

5.1  Once Your payment has been authorised You will see a confirmation screen showing the transaction details and a reference number.  You should keep a record of this for ease of future reference.

6.  Our commitment to You

6.1  Once We have received cleared payment from the Payment Gateway for Your Invoice and any applicable Payment Surcharge, then:

(a)  We will discharge Your Invoice and treat it as paid; and

(b)  We will contact Your medical practitioner and advise them that the Invoice has been paid.

6.2  The time that it takes for Us to receive cleared payment from the Payment Gateway varies according to a number of factors.  In most circumstances this will occur within 72 hours of Your payment being made and You shall remain liable for the Invoice and all outstanding costs and interest (if any) during this time.

7.  Limitation of Liability

7.1  Nothing in these Terms excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

7.2  To the fullest possible extent permitted by law, We exclude all liability and responsibility for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a)  use of, or inability to use, Our website; or

(b)  use of, or inability to use, the Payment Gateway; or

(c)  use of or reliance on any content displayed on Our website; or

(d)  Your failure to input correct payment details; or

(e)  refusal of Your Payment Card issuer to authorise payment.

(f)  loss of profits, sales, business, or revenue;

(g)  business interruption;

(h)  loss of anticipated savings;

(i)  loss of business opportunity, goodwill or reputation; or

(j)  any indirect or consequential loss or damage.

7.3  We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful or malicious material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our site or to Your downloading of any content on it, or on any website linked to it.

7.4  We assume no responsibility for the content of websites linked on Our site, including the Payment Gateway. Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from Your use of them.

8.  Severance

8.1  If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.

9. Entire agreement

9.1  The Terms and Our Web Policies constitute the entire agreement between You and Us and extinguish all previous drafts, arrangements, understandings or agreements relating to the subject matter of this agreement.

10.  Rights of third parties

A person who is not a party to the Terms shall not have any rights under or in connection with it.

11.  Governing law and jurisdiction

11.1  This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.

11.2  The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).