Terms & Conditions

Scope & General Services Information

These general terms and conditions (hereinafter referred to as “Terms”) are an integral part of the contractual relationship between you and Pastel Health Ltd (hereinafter “Pastel”) regarding all services and products (hereinafter “Services”) of Pastel. These Terms will apply to our supply of the Services to persons who register with the Service (“User”, “you”) and their dependents. You will be asked to agree to these before starting to use our Services. If you refuse to accept these Terms, we will not grant you any right or licence to access or use the Services. These Terms should be read in conjunction with our Privacy Policy which can be found on our website or provided upon request.

For the purposes of these terms, we have used the following phrases: “Data Protection Laws” means the General Data Protection Regulation 2016 (GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK, including the Data Protection Act 2018, and then any successor legislation to the GDPR or the Data Protection Act 1998.

A. Description of Services

Pastel Health is a clinic for people suffering from chronic persistent pain. Our services will include: online, telephone & in-person medical consultations, medical prescriptions, imaging guided interventions, medical referrals & websites.

Pastel has a Registered Office at 23b Eastfield Road, London, England, E17 3BA and the Company Registration Number is 15708330.

If you enrol in the Services, you are responsible for ensuring that you are authorised to provide us (and our subcontractors) with personal information and you will indemnify us if you do not have such authority.

Pastel does not provide any emergency services or care for acute medical conditions. Pastel may directly refer you for appropriate services provided by independent providers or affiliate partners with your consent. The Services is in no way designed to replace the services of your NHS or private General Practitioner ("GP").

You may be issued with a prescription for medicine by a Pastel healthcare provider (HCP). You may also be prompted by us to use a pharmacy partner for delivery or fulfilment of prescription medicines. The HCP will use all reasonable efforts, based on the medical history you have provided and the symptoms you describe, to prescribe medicine appropriate for your condition. However, Pastel shall not be responsible for ensuring that you receive the medicine you are prescribed or that the medicine you receive is the same as that prescribed by the HCP. Pastel is also not responsible for any instructions in relation to the medication provided by a pharmacist or anyone else associated with the provision of medication you have been prescribed

The success of a Service depends on many factors which Pastel has limited or no control over. Pastel can therefore not assume any guarantee for the success of the Services nor outcome related thereto.

Pastel is regulated by the Care Quality Commission (CQC). Further details of Pastel registration will be found on the CQC website.

B. Use of Services

Pastel reserves the right to reject and sign post any individual wishing to access the Services to another healthcare organisation, specialist or GP at any time.

To access our Services you must meet the clinical criteria that we have established for enrollment and complete the registration process that we prescribe. We may also change the criteria used to determine clinical eligibility to our Services at any time for any reason.

Even if you have been referred to Pastel by a clinical team / NHS trust / doctor / partner, Pastel reserves the right to deny you service.

The Services is only offered to residents of the United Kingdom, while they reside in the United Kingdom. If you are resident of another country, you will be refused access to the Services and need to organise your care by another structure. If you are outside of the UK at the time of a consultation, you may be rescheduled for a time when you are back to the UK. Pastel does not take any responsibility for differences between healthcare regulations and variations in different countries. Pastel clinicians practise in accordance with UK healthcare regulations and guidelines.

If you are a citizen of any country other than the United Kingdom, you acknowledge that the Services provides access to health care providers who are fully qualified to work in the UK, are NMC / GMC / HCPC registered. These Terms are governed by the laws of England and Wales and the English courts will have exclusive jurisdiction for any legal proceedings relating to the Services, to the extent permitted by applicable law.

We reserve the right to change, replace, suspend, or discontinue the Services or any component of the Services (including, without limitation, any feature, specification, database, or content) at any time and for any reason at our discretion. We will not be liable to you for any change, replacement, suspension, or discontinuation of your rights to access or use the Services. We may also impose limitations on certain features or parts of the Services or restrict your access to part or all of the Services without notice or liability.

Pastel will ensure it has validated the identity of any individual before they have an Appointment. Pastel, in compliance with regulatory requirements, will not be able to provide an appointment to certain existing or new members until an identity verification process has been completed and may sign post you to alternative services (NHS or private) if you have healthcare concerns in the meantime.

The Services can be used by all independent adults over the age of 18 years old who are eligible users/subscribers of the services.

If you are a carer, by adding personal data on behalf of another, you agree that it’s your responsibility to ensure that:

you are authorised to provide that data,
the data is accurate and up to date.

NHS Services

Pastel provides Services on behalf of the NHS and/or with the NHS in specific regions. Requirements for each Service are specified in a contract with the local commissioning body. If you would like more information on your local Service, please email kushalrkpatel@gmail.com or write to us.

Non-NHS Services

You can book non-NHS services via the Pastel Health website or your treating doctor can refer you to Pastel.

Pastel can provide you with Services at any time with immediate effect. Both Pastel and you can cancel without giving any reason either by email to kushalrkpatel@gmail.com or by writing to us.

In the event of termination, any payments you might have made will be refunded for the Services not yet received, except where 1) Pastel makes the termination due to incorrect information you may have provided, or 2) agreed consultations were not cancelled 24 hours or more in advance, in which event(s), Pastel may retain all payments already received and fees for Services agreed to will be charged to you.

Non-NHS Services Non-Utilization

If the Services of Pastel are not used by you, this neither entitles you to a price reduction nor frees you from the payment obligation for the booked Services. Repayment of the payments made in this case is excluded.

Non-NHS Services Prices

All prices are exempt from VAT as a clinical Service. We reserve the right to change prices.

Non-NHS Services Payment Terms

If a health insurance cover exists and appropriately documented and provided to us, the Services of Pastel will be invoiced directly to your health insurance company. The following conditions apply to self-payers: Pastel Services are invoiced monthly in advance. All invoices are payable, net without deduction, within 7 days. Pastel can withhold or interrupt its Services until payment is received.

Non-NHS Services Settlement of Payments

If the invoice is paid by credit card, payment is made via an online payment system. In this case, processing of personal and payment data takes place directly via the provider of the payment system. Pastel does not know or save your payment data. We will only be informed about the payment status so that we can activate the Service(s) you have purchased.

C. Data Protection

All information collected and supplied by you to Pastel will be treated as confidential and only processed to provide the Services or as described in this section and our Privacy Policy. Data Protection terms are important for your understanding pursuant to applicable data protection regulations.

By agreeing to our terms and conditions you are confirming that you have read, understood and and accepted that your personal data will be processed by Pastel & it’s partners as stated in our Privacy Policy to ensure our Services can be delivered to you.

We assume no liability for or relating to the delay, interruption, failure, corruption of, unintended access to, or disclosure of any data that you or your agents transmit to us until that information reaches us. In addition, by agreeing to receive emails, text messages, push notifications, or other electronic communications from us, you agree to accept any risk and damage arising from the disclosure of those communications in transmission.

D. Change To These Terms

We may revise these Terms and/or our Privacy Policy from time to time in the following circumstances: changes in relevant laws and regulatory requirements, and where, in our discretion, we deem a revision necessary or desirable and notify you of such a revision.

If we make an important revision to these Terms and/or our Privacy Policy, we will notify you via email. Your continued use of the Services will be deemed acceptance of such revised Terms and/or our Privacy Policy. It is your responsibility to ensure you are content to contract on such Terms at the point of use.

E. Limitations of Liability

Nothing in these Terms shall limit or exclude our liability to you for: o death or personal injury caused by our negligence, o fraudulent misrepresentation, or o breach of terms implied by the Consumer Rights Act 2015.

Pastel has no liability for the quality or type of services or goods provided by any third party it may mention, or which may be linked to the Service.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time of making an Appointment, both we and you knew it might happen, for example, if you discussed it with us during the Appointment process.

Subject to this clause, our total liability for losses you suffer arising from or in connection with the use of the Service shall be no greater than £1,000,000.

You are responsible for any consequences resulting from misstatements. Pastel is only liable for liability directly arising from gross negligence of its directors, officers, or employees. Liability for slight negligence is excluded.

You agree to keep your password confidential for your user profile. If you pass on your password to a third party, you are responsible and liable for all executed user actions. Pastel has the right to disable any user identification code or password, whether chosen by you or allocated by Pastel, at any time, if in Pastel’s reasonable opinion you have failed to comply with any of the provisions of these Terms.

F. Copyright

All materials of Pastel (including names, trademarks, wordmarks, logos, pictures, diagrams and look-and-feel) are the property of Pastel or have been licensed and are protected in whole or in part by copyright. They may be passed on to third parties only with the prior written consent of Pastel. Nothing made available through the Services should be construed as granting any licence or other right of use without the express written permission of Pastel. You have no right to modify, reproduce, copy or otherwise exploit it or any portion of it and any unauthorised use will terminate any right to use it.

G. Assignment of Rights

You may not transfer or assign any or all of your rights or obligations under any of these Terms.

All notices given by you to Pastel must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when registering to the Service.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

H. Applicable Law & Jurisdiction

These terms are governed by English law and you and we submit to the non-exclusive jurisdiction of the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Services in either the courts of Scotland, England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the courts of Northern Ireland, England and Wales.

I. Compliments, Concerns & Complaints

Pastel welcomes and replies on feedback to improve our services.

These can be shared directly with a member of staff whilst using our services. They can also be shared by email at support@pastel-health.com.

If reporting a concern or complaint, you should be specific and concise and always include the patient's full name, date of birth, address and details of the concern. If you are not the patient, but complaining on their behalf, you must have their permission to do so. Pastel will acknowledge your complaint within 3 working days of receipt and respond within 20 working days. Any delays will always be communicated with you. You will receive a final letter setting out the result of any investigation.

Formal complaints are normally resolved by direct negotiation with the complainant, but some complaints are better resolved with the assistance of an alternative dispute resolution provider. You'll be signposted to such services on request by someone from our staff.

If you remain dissatisfied, you may refer the matter to the Care Quality Commission, as per details on their website.