Terms & Conditions
PATHER MEDICO – LEGAL TERMS AND CONDITIONS
Last updated 31 August 2024
Pather Medico – Legal is a sole trader. Dr. Maneshveri Pather is its proprietor. Our office address is Gemma House, 39 Lilestone Street, London. NW8 8SS
You can contact us by telephoning 03333394073, emailing us at pathermedicolegal.co.uk or by filling out the contact form on our website www.pathermedicolegal.co.uk
These Terms and Conditions (“Terms”) govern your use of our website, and the services provided by Pather Medico – Legal (“we”, “us”, “our”). By using our services, you agree to be bound by these Terms.
Our contract with you includes an order for a service, payment for that service and these terms.
1. Services
We provide mental capacity assessments and complete COP3 forms for the Court of Protection. Mental capacity assessments are completed in line with the provisions of the Mental Capacity Act 2005 and its Code of Practice. These assessments are carried out face-to-face at the individual’s residence, not in a hospital setting.
The COP3 form is completed within 7 days of the assessment and returned electronically by encrypted email.
We also act a certificate provider for LPA applications which involves assessing that the person making an application to grant LPA understands the contents of the LPA and has made the decision to grant LPA of their own free will.
These services can be booked through our website www.pathermedicolegal.co.uk by using the online form or by email.
Note that Pather Medico – Legal does not provide medical services to clients. A diagnosis / diagnostic tests, advice about medications and/or medical opinions are not provided. Pather Medico – Legal does not provide legal services.
For solicitors, we provide a medico – legal consulting service for cases involving suspected clinical negligence. The service includes reviewing medical records and summarising the case, with explanation of medical jargon. Pather Medico – Legal can provide an opinion on possible breach of duty and advise on the most appropriate expert if needed.
Dr. Pather does not provide an expert witness service.
2. Payment Terms
COP3 / LPA certificate provider service
- Prices for our services are listed on our website and are subject to change.
- All quoted prices are inclusive of VAT.
- Payment is required in full in advance of the service requested.
- Payment must be made following receipt of the invoice.
- An appointment will only be booked on receipt of payment.
- We accept payments by bank transfer only.
Consulting for solicitors
- Prices are dependent on the size of the file and will be agreed in advance.
- Payment is to be made by bank transfer on completion of the work following receipt of the invoice.
- The quoted cost includes VAT.
- Payment is due in full within 30 days of the date of the invoice.
- If payment is not made by the due date, interest shall accrue on the overdue amount at the statutory rate. Such interest shall accrue on a daily basis from the due date until the date of actual payment.
3. User responsibilities
- You agree to provide accurate and complete information when registering for our services.
- You agree not to use our services for any illegal or unauthorised purpose.
4. Intellectual Property
- All content provided on our website, including text, graphics, logos, images and software is the property of Pather Medico - Legal or its licensors.
- You may not reproduce, distribute or create derivative works from any of the content without our express written consent.
5. Cancellation and Refund Policy
- If you wish to cancel a service, you must notify us at least 7 days in advance by email.
- A full refund will be provided if the request is received more than 7 days prior to the date of service.
- If a cancellation request is made less than 7 days but more than 24 hours in advance of the scheduled service a cancellation fee of 50% of the cost of the service applies.
- If a cancellation request is made less than 24 hours in advance of the scheduled service, a cancellation charge of 100% of the fee will apply.
- It is accepted that the subject of a mental capacity assessment may become ill or be hospitalised. In such cases, the mental capacity assessment should be postponed to a future date.
- We reserve the right to cancel any service at our discretion and will provide a full refund if we do so.
- We cannot be held responsible for delays outside our control, e.g. acts of God, transport delays, riots or civil commotion, war, compliance with Government regulations, accidents, illness.
6. Limitation of Liability
- Pather Medico – Legal will not be liable for any direct, indirect, incidental or consequential damages resulting from your use of our services.
- Our total liability to you for any claim arising out of or in connection with our services is limited to the amount you paid us for the services.
7. Privacy Policy
- We respect your privacy and are committed to protecting your personal information.
- Our Privacy Policy outlines how we collect, use, and protect your information.
8. Confidential Information and Personal Data
- We acknowledge that in providing services, we will have access to confidential information of a sensitive nature.
- We will not disclose confidential information to a third party unless required for the provision of services.
- This does not apply to :
(a) any disclosure authorised by you or required by law;
(b) any information that is in the public domain.
- Confidential data will be stored on a password protected encrypted computer hard drive and/or external hard drive only accessible to Dr. Maneshveri Pather.
- Mental capacity assessments will be recorded on a password protected iPad only accessible to Dr Maneshveri Pather.
- Email correspondence is fully encrypted using Proton Mail. Their privacy policy can be accessed at https://proton.me/legal/privacy
- Confidential records will be stored securely for 8 years as per professional requirements.
- Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations.
9. Links to Third – Party Websites
- Pather Medico – Legal contains links to third – party websites such as Facebook and X. These links are provided for your convenience only. We have no control over and assume no responsibility for the content, privacy policies or practices of any third – party websites.
- You access any linked third – party websites at your own risk.
10. Changes to Terms
- We reserve the right to update or modify these Terms at any time without prior notice.
- Any changes will be effective immediately upon posting on our website. Your continued use of our services constitutes your acceptance of the revised Terms.
11. Governing Law
- These Terms are governed by and construed in accordance with the laws of England and Wales.
- Any disputes arising under these Terms will be resolved in the courts of England and Wales.
12. Contact information
- If you have any questions or concerns about these Terms, please contact us at info@pathermedicolegal.co.uk