PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND ASSOCIATED PATIENT PORTAL INCLUDING,THE LIMITATIONS OF LIABILITY AND CHOICE OF LAW AND JURISDICTION SECTIONS.

Last updated 24 May 2021

HARLEY STREET (CPC) LIMITED is a registered company (Company Number 11732923) established under and governed by English law. Level Health is a trade name of HARLEY STREET (CPC) LIMITED. The services described are provided by HARLEY STREET (CPC) LIMITED in England

1. Terms of use

1.1 Please read these Terms of Use (https://tpmgclinic.co.uk/terms-and-conditions/) carefully (including the “Limitations of Liability” and “Choice of Law and Jurisdiction” sections below) before using the Website, Patient Portal or mobile application (the “Service”). By using the Service, you signify your agreement to be bound by these conditions. These Terms of Use govern a legal agreement between you and us and it sets out the conditions which govern your use of the Service, which may be accessed through:

1.1.1 our website https://tpmgclinic.co.uk/ (the “Website”)

1.1.2 our Patient Portal https://tpmgclinic.co.uk (the “Portal”), whether as a guest or a registered user

1.1.3 our mobile application LVL (the “App”)

1.2 References in these Terms of Use to the Service, includes the Website and/or the Portal (as appropriate, depending on the method you are using to access the Service).

1.3 By using the Service (including registering to use the Service), you confirm that you accept these Terms of Use and that you agree to comply with them.

1.4 If you do not agree to these Terms of Use, which govern the contract between us, then you must not use the Service (including, accessing the Portal and/or the Website).

1.5 These Terms of Use incorporate by reference the following additional terms (which also apply to your use of the Website and/or the Portal):

1.5.1 Our Privacy Policy (https://tpmgclinic.co.uk/privacy-policy/), as may be updated from time to time, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Service, you consent to such processing and you must ensure that all data provided by you is accurate.

1.5.2 Our Data Retention policy (https://tpmgclinic.co.uk/data-retention-policy/), as may be updated from time to time, which sets out data retention periods.

1.5.3 Our Cookie Policy (https://tpmgclinic.co.uk/cookies-policy/), as may be updated from time to time, which sets out information about the cookies we use on both our Website and Portal.

1.6 Subject to any specific terms identified in respect of a particular feature or part of the Service, these Terms of Use (including, our Privacy Policy) govern the agreement between you and us with respect to your use of the Service.

2. The Service

2.1 The Service enables you to register a Patient account providing (but not limited to) the following features:

  • Book appointments for a variety of Level Health services.
  • Read the latest Level Health articles
  • Share medical information between a patient and Level Health
  • Record and share your experience of pain treatment

2.2 Level Health is able to activate or deactivate (all or certain elements of) the Services set out in section 2.1 at its discretion in relation to some or all of its registered patients. If this should occur, then it is something you can discuss directly with Level Health.

2.3 After you have accessed your medical record you may be given the option of exporting or printing elements of your record. We recommend that you should only print or export any data where there is a clear need for you to do so. If you do choose to print or export any data then it is out of our control and you are responsible for ensuring that any medical record data you export or print is held securely. We will not be liable for any disclosure of sensitive and personal data if such disclosure arises as a result of you using the Service to export or print out or otherwise share any information made available to you via the Website or Portal.

3. Accessing the Service

3.1 We do not guarantee that the Service will always be available or that access to it will be uninterrupted. Access to the Service (whether via the Website, the Portal or App) is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period.

3.2 You are responsible for making all arrangements necessary for you to access the Service (including, having access to an internet connection and an appropriate Device or browser as appropriate).

4. Registering to use the Service

4.1 If you select or are provided with a user identification code, password or any other piece of information as part of our registration or security procedures, you must treat such information as confidential. You must not disclose it to any third party.

4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly reset your password to something which only you know.

4.4 You can retrieve, change, or request that we delete the details you place with us. You will only receive emails that you have agreed to, or those necessary for provision of the services or for administrative purposes.

4.5 You must only use the Service for lawful purposes and you must not infringe the rights of other users of the Service.

4.6 You may only access the Patient Portal if you are at least 18 years of age.

4.7 We may suspend services or terminate user accounts if we reasonably suspect that they are being used in breach of the age restrictions set out in this section.

5. LVL App

5.1 The LVL App is supplied by to Level Health by RYAH MEDTECH INC.™ these are their Terms and Conditions.

5.2 By using the LVL app, you agree that you are responsible for all of your actions, and RYAH MEDTECH INC.™ cannot be held responsible. RYAH MEDTECH INC.™ cannot be held responsible for any person(s) who use our services that do not abide by the law of the state or country in which you are governed.

5.3 RYAH MEDTECH INC.™ will collect personal information from you only if you voluntarily submit such information through the LVL app. You can always refuse to supply personal information, except that it may prevent you from receiving recommendations from the LVL app.

5.4 RYAH MEDTECH INC.™ understands the importance of privacy and pursuant to any privacy laws that may apply, it is committed to maintaining the confidentiality of any protected health information. RYAH MEDTECH INC.™ will not disclose any of your protected health information (“PHI”) without your prior written consent or unless it has been de-identified according to HIPAA standards. The consent will disclose that we will receive compensation for your health information if you authorize us to sell it, and we will stop any future sales of your information to the extent that you revoke that consent. We may disclose your health information to researchers conducting research with respect to which your written consent is not required as approved by an Institutional Review Board or privacy board, in compliance with governing law.

User Registration

5.5 By creating a User Profile, you agree that:

5.5.1 You will not register a username (or email address) that (a) is already being used by someone else; (b) may impersonate another person: (c) belongs to another person; (d) violates the intellectual property or other right of any person or entity; or (e) is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion;

5.5.2 You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, RYAH MEDTECH INC.™ may suspend or terminate your account and refuse you any and all current or future access to or use of the Application, Sites and Services (or any portion thereof). If you fail to update your information in a timely manner, then RYAH MEDTECH INC.™ has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, which will allow RYAH MEDTECH INC.™ to suspend or terminate your account, and refuse you any and all current or future access or use of the LVL app.

5.5.3 You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;

5.5.4 You are solely responsible for maintaining the confidentiality of your password and for restricting access to your account so that others may not access any password protected portion of the LVL app using your name, username, or password;

5.5.5 You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security;

5.5.6 You will not post libelous content or create false or misleading reviews or posts; and

5.5.7 You will not sell, transfer, or assign your account or any account rights.

5.6 RYAH MEDTECH INC.™ is not liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

5.7 If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, offensive, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account, User Profile and access to and use of the LVL app, at our sole discretion and without advance notice or liability.

5.8 Your User Profile cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests or other promotions absent our prior written consent. We may offer you the ability to set preferences relating to your User Profile, but changes to your settings may not become effective immediately or be error free, and options may change from time-to-time. RYAH MEDTECH INC.™ assumes no responsibility or liability for any issues, problems or Content on your User Profile.

5.9 User Profiles may only be set up by an authorized representative of the individual or business that is the subject of the User Profile. RYAH MEDTECH INC.™ does not review each User Profile to determine if they were created by an appropriate party. In addition, RYAH MEDTECH INC.™ is not responsible for any unauthorized User Profiles that may appear on the LVL app. If you believe that a User Profile listed on the LVL app unauthorized, fake, fraudulent or otherwise improper or misleading, please send an email to info@ryah.com.

Breach

5.10 In the case of a breach of your protected health information, we will notify you as required by law. If you have provided us with a current email address, we may use email to communicate information related to the breach. We may also provide notification by other methods as appropriate.

Right to revise disclaimer

5.11 RYAH MEDTECH INC.™ reserves the right to revise and amend this disclaimer notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.

Agreement

5.12 By using the LVL app, you signify your acceptance of the above-referenced policy and terms of service. If you do not agree to this policy, please do not use the LVL app.

DNA Testing

6.1 Part of the service may include a Genetic Test that is carried out by FITNESSGENES LTD these are their Terms and conditions.

6.2 You may learn information about yourself that you did not foresee.

6.3 There is a possibility that, due to the heritable nature of genetic information, sensitive information may be revealed by your DNA results that could have implications in terms of inferring paternity/ maternity (for example, where multiple family DNA results are known, your DNA results would suggest you are not genetically related to your father and/or mother) or other features of your personal genealogy. In addition, your DNA results may reveal you have a higher than average chance of developing a particular condition or disease (e.g. Type 2 diabetes). Such information is likely to be distressing, evoke strong emotions and is obviously irrevocable.

6.4 For clarity, the products and services offered by LVLHealth are not intended for use in paternity or maternity testing and we would advise that anyone with serious concerns of this nature should first speak with their physician or health care provider and, if appropriate, undergo formal paternity/ maternity testing with a laboratory accredited for this purpose.

6.5 Genetic research is not comprehensive.

6.6 The research community is continually learning more about genetics and publishing updates to existing knowledge in scientific journals. Our interpretation of your genetic data is reliant on these published studies, and, as a result, future scientific research may change the interpretation of your DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate. All genetic information provided by LVLHealth is based on the latest research at the time of publication and is correct to the best of our knowledge.

6.7 The laboratory may not be able to process your sample.

6.8 The laboratory may not be able to process your sample if your sample does not contain a sufficient amount of DNA, if the sample has been contaminated in any way, or if the results from processing do not meet our standards for accuracy. In the event the initial processing fails for any of these reasons, LVLHealth will offer to send another kit to collect a second sample at no charge. If this second attempt at DNA collection is unsuccessful, LVLHealth reserves the right to cancel the Agreement in these circumstances and refund in full. This represents the limitation of our liability.

6.9 The laboratory process may result in errors.

6.10 We make every effort to ensure our data is as accurate as possible. However, even for processing that meets our high standards, due to the nature of the laboratory techniques used, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect. If you are concerned that your DNA results are in any way inaccurate, we will agree to re-analyse your DNA sample up to 28 days from the date you receive your DNA results to verify the information we have provided you. We reserve the right to charge a fee in these circumstances, which will be refunded to you if significant error is detected in our genotyping process.

6.11 Genetic Data you share with others could have social, legal or economic implications.

6.12 Use of genetic test results by employers in pre-employment medical checks is restricted in the UK by the Equality Act 2010, and in the US by the 2008 Genetic Information Nondiscrimination Act (GINA), which makes genetic discrimination illegal and addresses discrimination in health insurance and employment practices. However, as of yet, this protection does not explicitly cover life or disability insurance providers as these products are considered as more discretionary than health insurance. If you are asked by an insurance company whether you have knowledge of Genetic Data concerning health conditions and you do not disclose your DNA results to them, this may be considered fraud.

6.13 Currently, very few businesses or insurance companies request genetic information, but it is possible that changes in legislation for businesses requesting this information could change in the future. As a result, you may want to consult a lawyer in order to understand the full implications of sharing your Genetic Data with others. We recommend you are cautious about sharing your Genetic Data with others, as ultimately the outcome could have significant social, legal, or economic implications for you as an individual.

7. Prohibited Uses

7.1 You may use the Service only for lawful purposes. You may not use the Service in any way:

7.1.1 that breaches any applicable local, national or international law or regulation;

7.1.2 that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, or is in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously in respect of the Service;

7.1.3 which infringes our intellectual property rights or those of any third party in relation to your use of the Service;

7.1.4 to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;

7.1.5 that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

7.1.6 to access, send, knowingly receive, upload, download, use or re-use any personal information regarding any person other than yourself without their explicit prior written consent;

7.1.7 to collect or harvest any information or data in respect of the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; or

7.1.8 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

8. Linking to our Website or Portal

8.1 You may with prior written consent link to the Website or Portal, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

8.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website or Portal must not be framed on (or form part of) any other site or mobile application (as appropriate).

8.3 We reserve the right to withdraw linking permission without notice.

9. Intellectual Property Rights

9.1 We are the owner (or the licensee) of all intellectual property rights in the Service (including, our Website and our Portal). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.2 You may use the Service only for your personal use. You must not use any part of the Service for commercial purposes without obtaining an express licence in writing to do so from us (or our licensors as appropriate).

9.3 If you use any element of the Service (including, the Website or the Portal) in breach of these Terms of Use, your right to use the Service will cease immediately and we may suspend your access to the Service with immediate effect and without notice.

10. LIMITATIONS OF LIABILITY

Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Service.

10.1 Nothing in these Terms of Use 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.

10.2 Subject to section 8.1, we will not be liable or responsible for:

10.2.1 any loss or damage that was not caused by a breach on our part;

10.2.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure);

10.2.3 any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Service (loss or damage is ‘foreseeable’ if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract created by your use of the Service);

10.2.4 any loss or damage arising from an inability to use the Service; or

10.2.5 use of or reliance on any content displayed through the Service (regardless of the origins of such content unless due to our breach or negligence).

10.3 Subject to section 8.1, our liability (and that of our suppliers or licensors) for any losses suffered arising out of, or in connection with, your use of the Service, whether in contract, tort (including negligence or breach of statutory duty), or otherwise is limited to the sum of one thousand pounds (£1,000).

10.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service (including, the Website and/or the Portal) or to your downloading of any content or in respect of any website linked to it.

10.5 Please note that we only make the Service available to you for domestic and private use. You agree not to use the Service for any commercial or business purposes.

10.6 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, whether express or implied.

10.7 This section does not affect any legal rights you may have as a consumer in relation to defective services or software. Advice about your legal rights is available from your local Citizen’s Advice or Trading Standards Office.

10.8 You acknowledge that we have made the Service available to you in reliance upon these Terms of Use (including, these Limitations of Liability).

11. Viruses

11.1 Whilst we work to strong security standards, we do not guarantee that our Portal or Website will be secure or free from bugs or viruses and you should use your own virus protection software.

11.2 You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Portal or our Website, the server on which our Website is stored or any server, computer or database connected to the Portal or our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

12. Termination

12.1 You are free to stop using the Service at any time. If you breach any of these Terms of Use we can stop providing all or part of the Service to you. If we terminate (or suspend) your access to the Service then we will notify you by email or at the next time you attempt to access your account. In all such cases, the contract between us under these Terms of Use shall terminate and:

12.1.1 all rights granted to you shall cease;

12.1.2 you must immediately cease all activities authorised by these Terms of Use, including your use of the Service; and

12.1.4 any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of your right to use the Service shall remain in full force and effect, including: sections 5 (Prohibited Uses), 7 (Intellectual Property Rights), 9 (Limitations of Liability), 12 (Choice of Law and Jurisdiction) and 13 (General).

13. Collection of Personal Data

13.1 Please note that your medical record at all times remains within the control of Level Health. For details please refer to our Privacy Policy (https://tpmgclinic.co.uk/privacy-policy/) and Data Retention Policy  (https://tpmgclinic.co.uk/data-retention-policy/).

14. Choice of Law and Jurisdiction

14.1 Please note that these Terms of Use are governed by and construed in accordance with English law. You and we both agree to submit to the exclusive jurisdiction of the courts of England and Wales (save that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland).

14.2 The Service is intended for use by persons resident within the United Kingdom. If you are accessing or attempting to access the Service from any other location then: (i) we make no representations that you will be able to access the Service or that it will function correctly; and (ii) you are responsible for ensuring that you act in accordance with any applicable laws in whatever jurisdiction you are resident.

14.3 Use of the Service is not authorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this section.

15. General

15.1 We may update these Terms of Use from time to time, including, to reflect changes in law or as a result of changes to the Service or the addition of new features – it is therefore important that you refer to these Terms of Use from time to time to ensure that you are familiar with the relevant terms which govern your use of the Service. You should print off a copy of these Terms of Use for future reference.

15.2 The latest version of our Terms of Use will be accessible through the Website and we will notify you of any material changes through a notice on our Website. You may be required to read and accept our new terms to continue your use of the Service.

15.3 If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect (and if any of the sub-sections in section 9.2 are held to be invalid and are struck out then this shall not impact on any of the remaining sub-sections).

15.4 We will not be in breach of any of our obligations under these Terms of Use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.

15.5 Subject to any specific terms detailed on the Portal or Website in relation to particular features or materials, these Terms of Use (together with the Privacy Policy and Cookie Policy) set out the entire agreement between you and us in respect of your use of the Service.

15.6 No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

15.7 Any rights not expressly granted by us under these Terms of Use are reserved.

Trade Marks

16.1 The Level Health logo, is a registered trademark, which is either owned by, or licensed to, the Level Health.

Legal Entity

18.1 Level Health is a trading name of HARLEY STREET (CPC) LIMITED, a limited liability company registered in the United Kingdom under company number 11732923 and with a registered address of The Walbrook Building, 25 Walbrook, London, England, EC4N 8AF.

Contact Us

19.1 To contact us, please email info@lvlhealth.co.uk