These Website Terms and Conditions ("Terms") govern Your use of the Service located at www.e111ehic.co.uk (the "Website"). Please read these Terms carefully and ensure that you have understood them. By clicking on "I Accept" or by using any part of the Service, You warrant that You understand and accept these Terms. If You do not agree to these Terms, please do not proceed with the Service.
The following words and expressions shall have the following meanings:
"Application Form" means the application form to be completed by You in respect of Your application for the EHIC with the NHSBSA and which is available on the Website;
"Contract" means the contract between You and EHA for the provision of the Service and which incorporates these Terms;
"EHIC" means the European Health Insurance Card;
"Network" means the electronic communications network used by us to provide the Service;
"NHSBSA" means the National Health Service Business Services Authority;
"EHA" means Border Card Services LTD trading as European Healthcare Advisory (EHA). Border Card Services LTD is a company registered in England and Wales with the address of 2 Woodbury Grove, North Finchley, London, N12 0DR. and the company number of 12145541
"Privacy Statement" means such policy in relation to data protection and privacy as is displayed on the Website from time to time;
"Service" means the "Review and Submission" service provided to you by EHA in respect of your application for EHIC(s) with the NHSBSA and which is more specifically set out in clause 5.1 and on the Website;
"Service Charge" means the non-refundable charges for the provision of the Service as set out on the Website; and
"You" and/or "Your" and "you" and/or "your" means you the client.
2. Preliminary Requirements
2.1 You must be 18 years old and above in order to use the Service.
2.2 You warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
3. Formation of the contract between You and EHA
3.1 Your Contract with EHA commences on the date of EHA's receipt of the Service Charge from You and shall remain in force for the duration of the provision of the Service unless terminated in accordance with these Terms.
3.2 Notwithstanding the foregoing, EHA reserves the right at its sole and absolute discretion and for any reason to refuse You access to the Service (in part or in whole).
4.1 Subject to clause 3 herein, You hereby expressly consent to EHA making an electronic submission on your behalf of the information in the Application Form to the NHSBSA as part of the Service.
5. EHA's obligations to You
5.1 In consideration for the payment by you of the Service Charge and subject to Your compliance with these Terms, EHA shall use its reasonable endeavours to:
5.1.1 review the Application Form which You have submitted through the Website;
5.1.2 check that You have provided all the information required in order to make an application to the NHSBSA for a EHIC;
5.1.3 contact you, where required, to make any rectification in respect of Your Application Form; and
5.1.4 send on Your behalf, Your completed Application Form to the NHSBSA or any of its nominated organisation via electronic means.
5.2 EHA shall use reasonable endeavours to make the Service and any additional service that it agrees to provide available to You but EHA cannot guarantee an uninterrupted or fault free service.
5.3 We may update or revise these Terms from time to time and will give you notice of such updates through a message displayed on the Website. We will give you at least seven (7) day(s) notice of any changes to these Terms. If you do not accept any such changes, you may cancel the Contract by notice in writing to EHA at the address available on the Website. For the avoidance of doubt, your continued use of the Service after the implementation of the changes will be deemed acceptance by You of such changes.
5.4 The Network is not controlled by EHA and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of the Network. Such circumstances may result in the Service being delayed or made temporarily unavailable. EHA shall take reasonable action to minimise the disruption caused by such circumstances, but you acknowledge and accept that some such interruption will not be avoidable and the Service shall not be available to you.
6. Your Obligations to EHA
6.1 You shall:
6.1.1 provide EHA with all the correct and accurate information requested by EHA in order for EHA to provide you with the Service;
6.1.2 not use the Service for any improper, unlawful or fraudulent activity;
6.1.3 not use the Service to commit a criminal act or to cause nuisance or annoyance or inconvenience to or to harass others;
6.1.4 not use the Service for commercial and/or business purposes;
6.1.5 not re-sell, promote for resale or engage in any other similar activities;
6.1.6 co-operate with any reasonable security or other checks or requests for information made by EHA from time to time in relation to EHA's provision of the Service to You;
6.1.7 where You are not the main applicant for the EHIC, procure that (a) the consent of such main applicant in respect of the Service; (b) that such main applicant is 16 years old and above; and (c) that such main applicant is eligible to make such application to the NHSBSA;
6.1.8 promptly inform EHA if You receive any notice alleging that Your use of the Service (a) contravenes with the applicable law and legislations; or (b) infringes the rights of any third party;
6.1.9 promptly inform EHA in the event any information that You have provided to EHA changes or becomes inaccurate;
6.1.10 comply with all reasonable instructions issued by EHA from time to time in relation to the Service; and
6.1.11 comply with all applicable laws and legislations.
6.2 Where You are using this Service to make an application for the EHIC on behalf of a third party applicant (the "Third Party Applicant") You hereby warrant that:
6.2.1 You have the authority and consent of the Third Party Applicant to procure the Service on the Third Party Applicant's behalf;
6.2.2 the Third Party Applicant is at least 16 years old and above and is eligible to make the EHIC application; and
6.2.3 You shall procure the Third Party Applicant's full compliance with these Terms.
6.3 For the avoidance of doubt, you shall at all times be fully liable for the breach of any of these Terms by the Third Party Applicant in respect of the Service.
7. Payment for Service, Cancellation and Refunds
7.1 You shall pay the Service Charge in advance using your credit card, debit card or any other acceptable method of payment as set out on the Website. EHA reserve the right to withhold or cease provision of the Service to You where payment of the Service Charge has not been received.
7.2 You hereby agree and consent to the immediate commencement of the performance of the Service by EHA such that on payment of the Service Charge, you can immediately access the Service using the Website.
7.3 Subject to the provisions of these Terms, You agree and acknowledge that due to the nature of the Service, the Service Charge shall be non-refundable and that any request for refund of such Service Charge shall be at EHA's sole and absolute discretion.
7.3.1 Any refund granted will be subject to a deduction of £2 per transaction.
7.4 Pursuant to the Consumer Protection (Distance Selling) Regulations 2000 Paragraph 8 (3), you will not be able to cancel a contract with the company under Regulation 10 once the performance of the Service has begun.
7.5 In all cases, any refund request received after 72 hours of an application being submitted, shall be declined.
8. Termination of the Service
8.1 EHA may suspend and/or terminate the provision of the Services to you in whole or in part without notice:
8.1.1 if EHA believes that You have failed to comply with one or more of these Terms; or
8.1.2 if have failed to remedy any such non-compliance as set out of these Terms within a reasonable period required by EHA and notified to You; or
8.1.3 if EHA believes that You have provided EHA with any false or misleading information in respect of and/or in order to procure the Service; or
8.1.4 if the Network owner ceases to make the Network available to EHA.
8.2 You may terminate the Service by giving EHA not less than seven (7) days prior notice by contacting EHA's Customer Services by emailing EHA at firstname.lastname@example.org.
8.3 Upon the termination of the Service in accordance with clause 8.1 or 8.2, EHA shall forthwith cease performance of the Service to You.
8.4 Clauses 1, 8.4, 10 and 12 shall survive the termination of these Terms however arising.
10. Intellectual Property or other Proprietary Rights
10.1 EHA and/or its licensors own all patents, design rights, know-how, copyrights, trade marks, the right to use software and all other similar proprietary rights (whether registered or unregistered) worldwide ("Intellectual Property Rights") relating to the Website.
11. Exclusion of Warranties and Liabilities
11.1 EHA cannot guarantee and do not promise any specific results from Your use of the Service and/or the information provided on the Website. Unless otherwise expressly set out in these Terms, the Service is provided to You "as is" and EHA does not give any warranties for anything whatsoever including without limitation, the accuracy, adequacy, availability, timeliness, completeness, suitability and reliability of the Service provided to You.
11.2 The information provided on the Website by EHA is intended as information only and does not constitute advice of any nature and is not intended to address your specific requirement. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
11.3 Where the Website includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by EHA and, to the maximum extent permitted by law, EHA shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
11.4 As EHA rely on third party suppliers and external network operators to provide You with the Service, EHA does not warrant that the Service provided are completely free from any fault, delay, or the availability of the Service at all times or at all.
11.5 You warrant that:
11.5.1 You are eligible to apply for a EHIC with the NHSBSA in accordance with the applicable laws and legislations;
11.5.2 all information and personal data provided by You in respect of the Service are accurate, correct and complete;
11.5.3 You understand that the EHIC does not entitle you to NHS services nor does it serve as proof of Your identity;
11.5.4 You understand that you are able to make applications for EHIC(s) independently and free of charge by contacting the NHSBSA on 0845 606 2030 or by visiting www.ehic.org.uk or by completing the applicable form available to you from the Post Office®;
11.5.5 You understand that the Service Charge is for the Service provided to You by EHA and such Service Charge is payable to EHA and not the NHSBSA; and
11.5.6 You understand that EHA is an independent private limited company registered with the Companies House and is not in any way affiliated with or forms part of the NHSBSA.
11.6 To the maximum extent permitted by law, EHA shall not be liable for any loss, injury or damage caused in whole or in part by, or failures, delays, interruptions or otherwise of, the provision the Service; and shall in no event be liable for any indirect, consequential or special losses including without limitation any loss of reputation and goodwill, loss of business or business prospects, loss of expectations, loss of profit, loss of management time, loss of income or any other losses whatsoever arising out of or in connection with the use or inability to use the Service, the Website or any decisions made or actions taken in reliance or partial reliance on the information provided on the Website and/or through the Service.
11.7 EHA expressly excludes all liabilities to You if EHA is unable to provide the Service for reasons that are beyond EHA's reasonable control.
11.8 Notwithstanding the foregoing, nothing in these Terms removes or limits EHA's liability for death or personal injury resulting from EHA's negligence.
11.9 Subject to clause 11.6 and 11.8, EHA's maximum aggregate liability to You under, arising from or in connection with these Terms whether arising in contract, tort (including negligence) or otherwise, shall not exceed the Service Charge paid by You under these Terms.
12.1 This Contract is personal to You and You may not transfer the Contract to any third party at any time. EHA may transfer the Contract to any third party at any time.
12.2 If EHA fails, at any time during the term of these Terms, to insist upon strict performance of any of Your obligations under these Terms, or if EHA fails to exercise any of the rights or remedies to which EHA is entitled to do so under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
12.3 A waiver by EHA of any default shall not constitute a waiver of any subsequent default.
12.4 No waiver by EHA of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
12.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.6 These Terms and any document expressly referred to in them represent the entire agreement between You and EHA in relation to the Service and shall supersede any prior agreement, understanding or arrangement between You and EHA, whether oral or in writing.
12.7 You and EHA each acknowledge that, in entering into these Terms, neither of parties has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between You and EHA except as expressly stated in the Terms.
12.8 These Terms are governed by and shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.