In these Terms and Conditions ("T & Cs") words and expressions used in capitalized form means that they have a particular defined meaning.  These appear in the left hand column of the table below and bear the meanings set opposite them in the right hand column.  These T&Cs apply to the Services carried out by SHIFA on your behalf and “you”, “your” and similar expressions means you the Patient. “SHIFA” means SHIFA UK Ltd registered with number 7041361 and having its registered office at 14 Bayliss Close Birmingham B321 2XP.

Expression Meaning Authority The document of that name which you completed on SHIFA’s Website to authorise SHIFA to act on your behalf to recommend a Specialist to provide (i) your Treatment; or (ii) an Opinion (which incorporates these T&Cs) Authority Period The period from the date you sign the Authority until SHIFA recommends you to the Specialist Fee SHIFA’s charges for the Services as noted on the Authority plus any additional fees notified to you for a Visa Letter Funder The organisation covering SHIFA’ Fees and the costs of your Treatment or Opinion identified on the Authority (if any) Good Practice The standard to be expected of a competent and skilled professional performing medical advisory services in accordance with all applicable laws, industry standards and codes of practice in the UK. Injury Any complications, side effects, disability, bodily harm, hospital acquired infections or other deleterious consequences arising from your Treatment or in reliance on an Opinion. Medical Details, Medical History or History Details of all current and previous medical history and notes, examinations, investigations results and reports, family medical history, treatments, procedures and any other relevant documents whether connected with the Treatment or otherwise sufficient to allow the Specialist to issue an Opinion or to make an informed decision as to the suitability of any particular course of Treatment. Opinion A written or verbal opinion from a Specialist recommending a course of medical treatment (or that that treatment is not required or a current treatment regime does not need to be changed) Services Reviewing your Medical Details Recommending an appropriate Specialist Liaising with the Specialist to arrange Treatment or an Opinion on your behalf Providing you with a VISA Letter if you request it. Specialist The doctor, hospital or other medical institution in the UK that SHIFA recommends you to for your Treatment or for an Opinion Treatment All diagnostic, medical and/or surgical procedures, investigations, advice, opinions, treatments and prescriptions provided to you by the Specialist VISA Letter A formal letter or other supporting documentation from the Specialist or SHIFA confirming your Treatment to assist you in arranging travel and legal entry to the UK (there is an additional fee for this).

General

1	SHIFA's Services and Limits on SHIFA's Remit
1.1	In return for the Fees, SHIFA will perform the Services with professionalism, due skill and care and in accordance with Good Practice at all times during the Authority Period.
1.2	You agree to respond promptly to any requests from SHIFA seeking your instructions in relation to your Medical Details.  If, despite such request, you do not send the requested information within 10 business days SHIFA reserves the right to charge additional fees to cover the additional costs associated with the administration time wasted and also time taken to refresh SHIFA staff with the contents of your Medical Details.  SHIFA may suspend the provision of the Services until any such additional fees are received by SHIFA in cleared funds.
1.3	Your Treatment or Opinion is provided exclusively by the Specialist and the patient/doctor relationship in connection with your Treatment or Opinion is directly between you and the Specialist. Accordingly, SHIFA is not responsible under any circumstances for any Injury you suffer or for dealing with any complaints you may have about your Treatment; any such issues need to be addressed directly to the Specialist.
1.4	By choosing to exchange data with SHIFA by electronic means you are accepting that the convenience of so doing outweighs the risks associated with the fact that: 1.4.1 Information transmitted over the internet cannot be guaranteed to be secure; and 1.4.2 Whist SHIFA deploys up to date anti-virus software on its computer systems no such software can be guaranteed to be proof against all forms of virus or other attacks.
1.5	1.5    Shifa has no influence over: 1.5.1 The Specialist’s patient appointment schedules; or 1.5.2 The UK’s Passport Control rules and timetable for granting visas;Accordingly SHIFA is not responsible for (and accepts no liability in respect of) any losses or consequences arising from any unexpected cancellations or delays to your Treatment.  You are advised to ensure that any travel arrangements you make are sufficiently flexible and seek suitable travel insurance to protect you from such cancellations or delays.
1.6	SHIFA will keep all information concerning the detail of your Treatment or contained in your Medical Details secure and confidential and will use such information only for the purposes contemplated by these T&Cs.  SHIFA will not disclose Confidential Information to any third party other than in accordance with the Authority unless you expressly authorise SHIFA in advance.  SHIFA is not responsible for the inadvertent disclosure of your details resulting from communications that are inadvertently misdirected by your Funder or the Specialist (or by SHIFA in reliance on incorrect information received from you, your Funder or the Specialist or because of problems caused by providers of postal, courier or e-mail services).
1.7	SHIFA will hold and process your medical data fully in accordance with the Data Protection Acts in the UK at all times.
2	Relationship with SHIFA and Fees
2.1	SHIFA is not obliged to perform any Services on your behalf until the Fee is received in cleared funds into SHIFA’s nominated bank account.
2.2	If, following a review of your Medical Details, SHIFA is unable for any reason to recommend you to an appropriate Specialist within 30 business days of its review then SHIFA will refund the Fee in full.
2.3	SHIFA’s maximum liability for any loss arising from SHIFA’s breach of the terms of the Authority or its subject matter, in contract, tort (including negligence) or otherwise is limited to a maximum of the value of the Fees.  A series of connected claims related to a single event or occurrence shall be deemed to be a single claim for the purposes of this clause.
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3.1	The failure by a party to insist upon strict performance of any obligations or to exercise any of the rights or remedies to which it entitled this shall not constitute a waiver of such rights or remedies.
3.2	A waiver of any default shall not constitute a waiver of any subsequent default.
3.3	If any provision in these T&Cs is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.
3.4	These T&Cs and the Authority together represent the entire agreement between the parties and supersedes any prior agreement, understanding or arrangement whether oral or in writing.
3.5	Neither party has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations prior to signing the Authority except as expressly stated in the Authority or in these T&Cs.
3.6	Neither party has any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date you signed the Authority (unless such untrue statement was made fraudulently) and a party’s only remedy shall be for breach of contract as provided in these T&Cs.
3.7	No provision in these T&Cs shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Authority, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
3.8	These T&Cs and the Authority are subject to the law and jurisdiction of the Courts of England and Wales