Terms & Conditions

Business Health Institute- Terms and Conditions for Sale of Service

  1. Application
  • These Terms and Conditions will apply to the purchase of the Service, by you (the Customer or You) from Business Health Consultancy Limited (registration number: 11922316) trading as Business Health Institute of Charter House, Pittman Way, Fulwood, Preston, PR2 9ZD , with the email address info@businesshealthinstitute.co.uk (the Supplier or Us or We).
  • These are the terms on which we sell the Service to you. By ordering the Service, you agree to be bound by these Terms and Conditions.
  1. Definitions and Interpretation

In these Conditions the following definitions apply:

Booking Confirmation: means confirmation that the Service has been booked.

Business Day: means a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in England.

Conditions: means the Supplier’s terms and conditions as set out in this document.

Confidential Information: means all information of confidential nature disclosed in whatever form by the Customer and Employees to the Supplier.

Contract: means the agreement between the Supplier and the Customer for the sale and purchase of the Service incorporating these Conditions.

Customer: means the person or entity who purchases the Service from the Supplier as specified in the Quotation.

Disclaimer: means the disclaimer set out in Schedule 1.

Employee: means the person employed by the Customer who will use the Service.

Force Majeure: means an event or sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay.

Price: has the meaning in clause 4.

Quotation: means the document sent to the Customer detailing the Service to be provided by the Supplier at the specified Price

Service: means the service provided by the Supplier as set out in the Quotation.

Supplier: means the person who sells the Service to the Customer and whose details are set out in these Conditions.

  1. Delivery of Service
  • The Service is provided in accordance with the Quotation.
  • If the Supplier is delayed or unable to provide the Service in accordance with the Quotation, they will inform the Customer as soon as possible of when they will deliver the Service.
  1. Price

4.1 The Price is as specified in the Quotation.

4.2 The Price will be confirmed in an invoice generated by the Supplier.

  1. Booking
    • The Customer can request the Service detailed in the Quotation by contacting the Supplier via the email address in clause 1.1.
  • The Supplier will issue:
    • a Booking Confirmation;
    • an invoice to the Customer incorporating the Price.
  1. Payment

Payment is due in accordance with the provisions specified in the Quotation.

  1. Liability
  • The Supplier does not guarantee any specific results for the Customer or its Employees.

7.2 It is the Customer’s responsibility to ensure that all Employees sign the Disclaimer.

7.3 The Supplier does not exclude liability for:

7.3.1 any fraudulent act or omission;

7.3.2 for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations;

7.4 The Supplier will maintain Public Liability Insurance to this effect.

7.5 The Supplier is not liable for loss which was not reasonably foreseeable to both parties at the time the Contract was made.

  1. Force Majeure
  • A party shall not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:
    • promptly notifies the other party of the Force Majeure event and its expected duration; and
    • uses its best endeavours to minimise the effects of that event.
  1. Confidentiality

9.1 The Supplier will:

  • keep the Confidential Information confidential at all times;
  • not disclose the Confidential Information or allow it to be disclosed in whole or in part to any third party without the Customer’s prior consent;
  • take proper and all reasonable measures to ensure the confidentiality of the Confidential Information; and
  • not use the Confidential Information in whole or in part for any purpose except for what is required to provide the Service.
  1. Privacy

The Supplier agrees to respect the Customer’s privacy and that of the Employees and comply with the General Data Protection Regulations with regards to personal information.

  1. Cancellation

Cancellations must be made in accordance with the Cancellation Policy as set out in the Quotation.

  1. Termination
  • The Supplier may terminate the Contract or any other contract which it has with the Customer at any time by giving notice in writing to the Customer if:
    • the Customer commits a material breach of the Contract and such breach is not remediable;
    • the Customer commits a material breach of the Contract which is not remedied within 14 Business Days of receiving written notice of such breach;
    • any consent, licence or authorisation held by the Supplier is revoked or modified such that the Supplier is no longer able to comply with its obligations under the Contract or receive any benefit to which it is entitled.
  1. Entire agreement
  • The parties agree that the Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
  • Each party acknowledges that it has not entered into the Contract or any documents entered into pursuant to it in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.
  • Nothing in these Conditions purports to limit or exclude any liability for fraud.
  1. Variation

No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and is duly signed by, or on behalf of, the Supplier.

  1. Severance

If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.

  1. Governing law

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

  1. Jurisdiction

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

Schedule 1 – Disclaimer

Business Health Institute- Employee Disclaimer for taking part in Assessment

  • Introduction
    • Your Employer has asked that you take part in a lifestyle assessment (“the Assessment”) involving a heart rate monitor (“the Monitor”).
    • The purpose of the Assessment is to test your heart rate.
    • You are required to wear the Monitor for 72 hours.
    • The Monitor has been provided by Business Health Consultancy Limited (registration number: 11922316) trading as Business Health Institute (“the Supplier, We”).
    • The Monitor has been manufactured by Firstbeat (“the Manufacturer”)
    • The Manufacturer retains all the Intellectual Property Rights in the Monitor.
  • Health
    • You understand that you cannot take part in the Assessment if any of the conditions listed in clause 2.2 apply to you.
    • You have a/an:
      • High fever;
      • Pace maker;
      • Heart condition;
      • Chronic atrial fibrillation;
      • Atrial flutter;
      • Uncontrolled thyroid dysfunction;
      • Heart transplant.
    • You understand that the conditions listed in clause 2.5 may produce unreliable Assessment results.
    • You confirm that you will disclose to your Employer if you suffer from any of the conditions listed in clause 2.5 before you take part in the Assessment.
    • You have/are:
      • A bundle branch block;
      • Coronary heart disease with angioplasty or bypass surgery;
      • Chronic neurologic disease (MS, Alzheimers, Parkinsons);
      • Been diagnosed with severe depression or on medication for exhaustion;
    • You understand that certain medications can affect the reliability of the Assessment results.
    • You confirm that you will disclose to your Employer if you take any medication that affects your heart rate before taking part in the Assessment. Such medications include:
      • Beta blockers;
      • Asthma medication;
      • Allery medication;
      • Long-acting sleep medication;
      • Strong painkillers.
    • You understand that the Assessment does not diagnose illnesses.
  • Activities during the Assessment.
    • During the Assessment you understand that you must not:

3.1.1 Go swimming or use a sauna because the Monitor is not waterproof; or

3.1.2 Take part in any sporting events that forbid the use of the Monitor; or

3.1.3 Travel by air as the Monitor will need to be removed for security checks.

  • Confidentiality
    • We confirm that we respect your privacy and the results of the Assessment will remain strictly confidentiality subject to clauses 4.2 and 4.3.
    • You confirm that We can disclose the results of the Assessment to your Employer and the Manufacturer in such a way that does not breach our obligation of individual confidentiality to you with the exception of clause 4.3.
    • You confirm that We can breach our obligation of individual confidentiality and disclose the results of the Assessment to your Employer if We deem you to be at risk.
  • Consent, Release of liability, Waiver of Claims and Indemnity Agreement
    • Your signature below indicates:
      • You have decided to participate in the Assessment, and that you have read and understood the information provided above.
      • That you assume and accept all risk, of any nature whatsoever arising out of, associated with or related to the participation in the activities of the Assessment and with respect to any and all related activities.
      • That you release the Supplier from any and all liability of any nature whatsoever including, without limitation, breach of contract, or breach of any statutory duty or other duty of care and for any loss, damage, injury or expense of any nature whatsoever that you may suffer or incur.