Terms & Conditions

  • Who We Are

J.J.A.C.E. Ltd trading as T/A JACE Private Clinic is a company registered in Northern Ireland under company number NI611719 with registered office at 11 Prehen Park, Derry, BT47 2NY.  JACE Medical carries on the business of providing clinical testing services and has entered into an agreement with you, the customer, to provide such services.

  1. Service

“You” are the customer and have either accessed our website, entered one of our clinics, called our telephone number, or sent us an email, and intends to place or has placed an order for our Service.

Throughout our service, website and during any telephone call or written correspondence between you and us these terms and conditions along with our privacy policy will apply. If there is any conflict between these terms and any terms or conditions found elsewhere on our website, or in any written or verbal communication between you and us, these terms will prevail.

Services are offered subject to availability at the times of booking. JACE Medical reserves the right to cancel or reschedule appointments, but will endeavour to accommodate the client, where possible.

  1. Restrictions

JACE Private Clinic personnel can only conduct medical procedures,  or treatment on unaccompanied individuals over the age of 18. Persons under the age of 18 must be accompanied by a parent or legal guardian. For individuals aged 16 and under, their parent or legal guardian must consent to any medical procedures on their behalf. 

  1. Medical Procedures

Your medical procedure will be performed by one of our certified, trained, and highly qualified healthcare professionals. All medical procedures are conducted in line with our tried and tested operating procedures. 

  1. Refunds

Due to the nature of the process, cancellations must be made at least 6 weeks prior to the date of the procedure for your refund request to be considered.

  1. Confidentiality

Aside from any legal obligations to the contrary, the nature of this transaction and agreement is strictly private and confidential. Any disclosure by you to non-permitted third parties, on any platform, regarding the dealings of the parties to this agreement, or the agreement terms itself, will be considered a breach of this clause. In such an event, JACE Medical reserves the right to enforce the terms of this agreement to the full extent of the Law against you, should it be deemed necessary by JACE Medical. Such proceedings may include claims for defamation, injunctive relief and pursuit of damages and reasonable legal costs associated, in the event of a legal basis for a claim arising.

  1. Liability

Nothing in these terms or conditions excludes or limits the liability of JACE Medical as follows: – 1) for death or personal injury caused by our negligence, or 2) under section 2 of the Consumer Protection Act 1987, or 3) for fraud or fraudulent misrepresentation, or 4) by the conditions implied under section 12 of the Sale of Goods Act 1979 or 5) by the conditions implied under section 2 of the Supply of Goods and Services Act 1982. JACE Medical shall not be liable to you for any loss of profit, loss of business, loss of opportunity, loss of goodwill, or any claims for indirect compensation whatsoever, which may arise out of, or in connection with, the use of the goods or services provided. Where you are being provided with these goods and services as a consumer, our total liability in contract, tort, misrepresentation or otherwise; arising in connection with the performance of these conditions, shall be limited to losses which are a foreseeable consequence of the failure to comply with these terms and conditions only.

  1. Force Majeure

JACE Medical shall not be held liable for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure, without prejudice to the generality of the foregoing, such events may include the following:

  • Adverse events and Weather events (such as, but not limited to, fires, earthquakes, explosions, drought, tidal waves and floods);
  • War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
  • Rebellion, revolution, insurrection, or military or usurped power, or civil war;
  • Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
  • Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the supplier or of his subcontractors; or
  • Acts or threats of terrorism.
  • Supply or delivery restrictions arising as a result of governmental Pandemic response.
  • Any supply/delivery limitations arising out of an Act of Government, or with respect to any border travel, customs delay or trade restrictions arising as a result of Brexit.
  1. Severability

The unenforceability or invalidity of any clause in this Agreement whether in whole or in part, shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this agreement to the extent of its unenforceability and invalidity at the finding of a competent Court.

  1. Governing Laws

The governing laws of this agreement are the Jurisdiction where the Contract was deemed to be performed.

  1. JACE Medical Consent Procedure

Where possible, the clinician must be satisfied that a patient understands and consents to a proposed treatment, immunisation or investigation. This will include the nature, purpose, and risk of the procedure, if necessary by the use of drawings, interpreters, videos or other means to ensure that the patient understands, and has had enough information to give “Informed Consent”

Implied Consent

Implied consent will be assumed for many routine physical contacts with patients. Where implied consent is to be assumed by the clinician, in all cases the following will apply:

  •         An explanation will be given to the patient what he/she is about to do and why
  •         The explanation will be sufficient for the patient to understand the procedure · In all cases where the patient is under 18 years of age a verbal confirmation of consent will be obtained and briefly entered into the medical record
  •         Where there is a significant risk to the patient an “Expressed Consent” will be obtained in all cases (see below)

Expressed Consent

Expressed consent (written or verbal) will be obtained for any procedure which carries a risk that the patient is likely to consider as being substantial. A note will be made in the medical record detailing the discussion about consent and the risks. A Consent Form may be used for the patient to express consent.

Obtaining Consent

  • Consent (Implied or Expressed) will be obtained prior to the procedure, and prior to any form of sedation
  • The clinician will ensure that the patient is competent to provide consent (16 years or over) or has “Gillick Competence” (see consent for children) if under 16 years.
  • Consent will include the provision of all information relevant to the treatment
  • Questions posed by the patient will be answered honestly, and information necessary for the informed decision will not be withheld unless there is a specific reason to withhold. In all cases where information is withheld then the decision will be recorded in the clinical record
  • The person who obtains the consent will be the person who carries out the procedure (i.e. a nurse carrying out a procedure will not rely on a consent obtained by a doctor unless the nurse was present at the time of consent)
  • The person obtaining consent will be fully qualified and will be knowledgeable about the procedure and the associated risks
  • The scope of the authority provided by the patient will not be exceeded unless in an emergency
  • JACE Medical acknowledges the right of the patient to refuse consent, delay the consent, seek further information, limit the consent, or ask for a chaperone
  • Clinicians will use a Consent Form where procedures carry a degree of risk or where, for other reasons, they consider it appropriate to do so (e.g. malicious patients)
  • No alterations will be made to a Consent Form once it has been signed by a patient
  • Clinicians will ensure that consents are freely given and not under duress (e.g. under pressure from other family members etc)
  • If a patient is mentally competent to give consent but is physically unable to sign the Consent Form, the clinician should complete the Form as usual, and ask an independent witness to confirm that the patient has given consent orally or non-verbally

Other aspects which may be explained by the clinician include:

  • Details of the diagnosis, prognosis, and implications if the condition is left untreated
  • Options for treatment, including the option not to treat
  • Details of any subsidiary treatments (e.g. pain relief)
  • Patient experiences during and after treatment, including common or potential side effects and the recovery process
  • Probability of success and the possibility of further treatments
  • The option of a second opinion

 Immunisations

Informed consent must be obtained prior to giving an immunisation. There is no legal requirement for consent to immunisation to be in writing and a signature on a consent form is not conclusive proof that consent has been given, but serves to record the decision and discussions that have taken place with the patient, or the person giving consent on a child’s behalf.

Consent for children

Everyone aged 16 or more is presumed to be competent to give consent for themselves, unless the opposite is demonstrated. If a child under the age of 16 has “sufficient understanding and intelligence to enable him/ her to understand fully what is proposed” (known as Gillick Competence), then he/she will be competent to give consent for him/herself. Young people aged 16 and 17, and legally “competent” younger children, may therefore sign a Consent Form for themselves, but may like a parent to countersign as well. For children under 16 (except those who have Gillick Competence as noted above), someone with parental responsibility should give consent on the child’s behalf by signing accordingly on the Consent Form.

  1. JACE Statement of Compliance for Safeguarding our Patients and Service Users

 JACE Medical is committed to safeguarding all patients who access or use JACE Medical clinical and ambulance services.

The term safeguarding covers everything that assists a child, young person or adult at risk to live a life that is free from harm, abuse and neglect and which enables them to retain independence, well-being, dignity and choice.

Safeguarding is about preventing abuse and neglect, as well as promoting good practice for responding to concerns on a multi -agency basis. We are committed to ensuring that safeguarding is firmly embedded within the duties and responsibilities for all our staff.  

JACE Medical takes great care in the recruitment of staff, carries out all necessary checks on recruited staff to ensure that they are of a high standard, and co-operates in all initiatives regarding the sharing of information on healthcare workers who are found to be unsuitable to work with vulnerable people. 

All staff who are employed by JACE Medical will undergo AccessNI Checks (basic, standard or enhanced as require for each post) prior to starting work.  An Enhanced AccessNI check for a role that involves “regulated activity” will include a check with the Disclosure and Barring Service (DBS).  They keep lists of people who are unsuitable for work with children and vulnerable adults.

All of our safeguarding policies and systems are robust and are reviewed every two years or more frequently, if required, to comply with any new guidance or legislation. 

We have a robust training strategy in place with regard to delivering safeguarding training. They are clear about their role, have sufficient time and receive relevant support, and training, to undertake their roles, which includes close contact with other social and health care organisations.  

JACE Medical has a named adult safeguarding lead (Registered Manager with Nursing background) whose roles and responsibilities are clear and defined. 

The Medical Director is the Executive Director lead for safeguarding.

  1. What standards you should expect from JACE Medical 

JACE Medical will ensure all healthcare staff employed will involve you in decisions and treat you with kindness, dignity and respect. You have the right to complain if things don’t go as you expect.

What do my healthcare rights cover?

Your rights and responsibilities as a patient include:

  • You can expect to be treated safely and effectively with a professional standard of care, and receive a good patient experience;
  • You are entitled to access information about the safety of care and treatment at JACE Medical, and be involved in giving patient feedback; 
  • Medical and health professionals must work together in your best interests. They must coordinate care between teams and between private healthcare and Health and Social Care Trusts;
  • JACE Medical has in place a robust complaints’ procedure with access to independent adjudication;
  • You will be informed on how to raise a complaint if necessary, and be supported through the process. Doctors and healthcare professionals have a duty to cooperate fully in any investigation and to review their practice.

 JACE Medical will ensure that the people using our Clinic and services will be treated with respect and dignity at all times when they are receiving care and treatment.  This will include making sure that people have privacy when they need and want it and treating patients as equals.  JACE Medical will ensure:

Treating Patients with Dignity and Respect

  • When our patients receive care and treatment, all staff will treat everyone with dignity and respect at all times.  This includes staff treating everyone in a caring and compassionate way.
  • All communication with patients using our services will be respectful.  This includes using or facilitating the most suitable means of communication and respecting a patient’s right to engage or not to engage in communication.
  • All staff will respect people’s personal preferences, lifestyle and care choices.
  • Patient’s using our services will be addressed in a way in which you state and prefer.
  • Patients using our services will not be neglected or left in undignified situations.

Ensuring the Privacy of the Patient

  • Patients privacy will be maintained at all times including when they are unconscious or lack capacity.
  • All reasonable measures will be made to make sure that discussions about care and treatment and support only take place where they cannot be overheard.
  • Staff will ensure that patients have privacy when they receive treatment and they supported to wash, use the toilet and hold private conversations.
  • Each patient’s privacy needs and expectations should be identified, recorded and met as far as reasonably is practicable.
  • Patients’ relationship with their family, friends or others attending appointments with them will be respected and privacy maintained as far as reasonably is practical.
  1. Making a Complaint

At JACE Medical we strive for quality and are committed to providing our patients with the best quality healthcare.  We want to prioritise patient satisfaction at the core of everything we do.

We will take every complaint we receive seriously and if you feel our service has not met your expectations it’s imperative for us to know so that we may provide resolution and continually improve our care and service delivery.  Any complaint will be dealt with in a confidential and timely manner.

Who can Complain?

Anyone who is concerned about the treatment or about any issues relating to the provision of services JACE Medical has provided can raise a complaint or concern.  You can either raise your complaint or concern directly with JACE Medical or this can be done by someone acting on your behalf ie relative, providing we have your written consent.

Responsibilities 

The Complaints Team are responsible for following through complaints for JACE Medical.  The Medical Advisory Committee will formally review all complaints at least every three months as part of our quality and monitoring and learning procedures.  Staff must treat all patients, whether a complaint is evident or not, with courtesy, politeness, empathy and professionalism.

Verbal Complaints – Who can I speak to?

Complaints can be made to any member of staff in JACE Medical, for example, the Receptionist or clinical staff.  We are keen to resolve your concern at the time, it occurs, so we can address your concerns at the time.  If you are not satisfied our staff can escalate the feedback to a Senior staff member for further intervention and support.

All verbal complaints will be written down by the member of staff receiving it and it will be signed and dated.  

If the complaint is made via the telephone, we will need your name, address, telephone number etc to respond to you, the date/time of the incident, details of the complaint.  The complaint will then be investigated in line with our Written Complaints Procedure below.

Complaints

  • All complaints will be acknowledged within two working days of receipt, whether by letter, e-mail or text.   
  • All complaints will be investigated and responded to in writing within 20 working days of being made. 
  • Should the investigation take longer than 20 working days, the patient (and their representative, if appropriate) will be updated on the progress of the investigation every 20 working days.
  • All complaints are dealt with promptly, fairly and sensitively, with due regard to the upset and worry that they can cause to both service users and staff. 
  • JACE Medical will ensure information is treated in the strictest confidence.

We want to ensure that we learn from our mistakes and value feedback from our patients.  You can contact the Complaints Team through any of these options:

By post:

Complaints Team
JACE Medical 
Unit 1 & 2
The Vale Centre
Clooney Road
Greysteel
Derry-Londonderry
BT47 3GE

Phone: 0333 4041999

Email: complaints@jacemedical.co.uk

If you an NHS patient and remain dissatisfied with the response or management to your complaint, you can refer your complaint to the HSC Trust that referred you or write to:

Northern Ireland Public Services Ombudsman,
Progressive House
33 Wellington Place,
Belfast, BT1 6HN
Telephone: 028 9023 3821
Text Phone: 028 9089 7789 Freephone: 0800 34 34 24
Email: nipso@nipso.org.uk 

Alternatively, you can contact the Patient Client Council who can also provide assistance.

Patient Client Council

5th Floor
14-16 Great Victoria Street
Belfast
BT2 7BA

FREEPHONE: 0800 917 0222

Web: https://pcc-ni.net/

The Regulation and Quality Improvement Authority (RQIA) is the regulatory body for JACE Medical, however, is not responsible for the resolution of complaints.

JACE Medical will notify RQIA of any breach of standards or associated regulations.

How Long do I have to make a Complaint?

You should complain as soon as possible, the time limits for making a complaint are:

  • Within 6 months of the event, or
  • Within 6 months of becoming aware that you have cause for complaint, provided this is not more than 12 months after the event.

The time limits can be extended, if there are good reasons, why you did not complain sooner.

JACE Medical – Subject Access Requests

A request by a patient, or a request by a third party who has been authorised by the patient, for access under the UK General Data Protection Regulation (GDPR) (and DPA 2018) is called a Subject Access Request (SAR). If you want to see your health records, or wish a copy, please complete a JACE Subject Access Request Form which you can complete online or please contact JACE Medical and we will provide you with our paper format. Contact will, subsequently, be made by the Clinic to arrange a time for you to come in and collect or read them. You don’t have to give a reason for wanting to see your records and there is no charge for this service. You will however be required to produce proof of identity before being allowed to read them.

JACE Medical has up to 28 days to respond to your request. If additional information is needed before copies can be supplied, the 28-day time limit will begin as soon as the additional information has been received.

The 28-day time limit can be extended for two months for complex or numerous requests where the data controller needs more time to collate and supply the data. You will be informed about this within 28 days and provided with an explanation of why the extension is necessary.

When writing/calling, you should say if you:

  • Want a copy of your healthcare records as well as to see them (if you wish to see them a member of staff will be present to assist you and explain any medical terms to you)
  • Want all or just part of them
  • Would like your records to be given to you in a specific format that meets your needs, and we will endeavour to accommodate your request
  • If you request your records to be emailed, then we will secure you or your representative’s agreement (in writing or by email) that they accept the risk of sending unencrypted information to a non-NHS email address
  • You may also need to fill in an Application Form and give proof of your identity. JACE Medical has an obligation under the GDPR and DPA 2018 to ensure that any information provided for the patient can be verified.

Please note we never send original medical records because of the potential detriment to patient care should these be lost. 

Who may apply for access?

1(1) Patients with capacity

Subject to the exemptions listed in paragraph 1(6) (below) patients with capacity have a right to access their own health records via a SAR. You may also authorise a third party such as a Solicitor to do so on your behalf. Competent young people may also seek access to their own records. It is not necessary for them to give reasons as to why they wish to access their records.

1(2) Children and young people under 18

Where a child is competent, they are entitled to make or consent to a SAR to access their record.

Children aged over 16 years are presumed to be competent. However, in Northern Ireland children under 16 must demonstrate that they have sufficient understanding of what is proposed in order to be entitled to make or consent to an SAR.  Where, in the view of the appropriate health professional, a child lacks competency to understand the nature of his or her SAR application, the holder of the record is entitled to refuse to comply with the SAR. Where a child is considered capable of making decisions about access to his or her medical record, the consent of the child must be sought before a parent or other third party can be given access via a SAR (see paragraph 1 (3) below)

1(3) Next of kin

Despite the widespread use of the phrase ‘next of kin’, this is not defined, nor does it have formal legal status. A next of kin cannot give or withhold their consent to the sharing of information on a patient’s behalf. As next of kin they have no rights of access to medical records. For parental rights of access, see the information above.

1(4) Solicitors

You can authorise a Solicitor acting on your behalf to make a SAR. We must have your written consent before releasing your medical records to your acting Solicitors. The consent must cover the nature and extent of the information to be disclosed under the SAR (for example, past medical history), and who might have access to it as part of the legal proceedings. Where there is any doubt, we may contact you before disclosing the information. 

JACE Medical may also contact you to let you know when your medical records are ready. If your Solicitor is based within our area, then we may ask you to uplift them and deliver them to your Solicitor. This is because we can no longer charge for copying and postage, so we would appreciate your help if you can do this, or alternatively ask your Solicitor if they can uplift your medical records.

1(5) Supplementary Information under SAR requests

The purposes for processing data

The purpose for which data is processed is for the delivery of healthcare to individual patients.

The categories of personal data

The category of your personal data is healthcare data.

The organisations with which the data has been shared

If required, your health records are shared with the appropriate organisations which are involved in the provision of healthcare and treatment to the individual.

The existence of rights to have inaccurate data corrected and any rights of objection

For example, a national ‘opt-out’ model such as SPIRE etc.

Any automated decision including the significance and envisaged consequences for the data subject

For example, risk stratification.

The right to make a complaint to the Information Commissioner’s Office (ICO)

1(6) Information that should not be disclosed

The GDPR and Data Protection Act 2018 provides for a number of exemptions in respect of information falling within the scope of a SAR. If we are unable to disclose information to you, we will inform you and discuss this with you.

1(7) Deceased records

The law allows you to see records of a patient that has died as long as they were made after 1st November 1991.

Who can access deceased records?

You can only see that person’s records if you are their personal representative, administrator or executor.

You won’t be able to see the records of someone who made it clear that they didn’t want other people to see their records after their death.

Accessing deceased records

Before you get access to these records, you may be asked for:

  • Proof of your identity
  • Proof of your relationship to the person who has died

Viewing deceased records

You won’t be able to see information that could:

  • Cause serious harm to your or someone else’s physical or mental health
  • Identify another person (except members of NHS staff who have treated the patient), unless that person gives their permission
  • If you have a claim as a result of that person’s death, you can only see information that is relevant to the claim.

1(8) Hospital Records

To see your Hospital records, you will have to contact your local HSC Trust with responsibility for that Hospital..

1(9) Power of attorney

Your health records are confidential, and members of your family are not allowed to see them, unless you give them written permission, or they have power of attorney.

A lasting power of attorney is a legal document that allows you to appoint someone to make decisions for you, should you become incapable of making decisions yourself.

The person you appoint is known as your attorney. An attorney can make decisions about your finances, property, and welfare. It is very important that you trust the person you appoint so that they do not abuse their responsibility. 

If you wish to see the health records of someone who has died, you will have to apply under the Access to Health Records (NI) Order 1993. You can only apply if you:

  • Are that person’s next of kin, are their legal executor (the person named in a will who is in charge of dealing with the property and finances of the deceased person),
  • Have the permission of the next of kin or have obtained written permission from the deceased person before they died.
  • To access the records of a deceased person, you must go through the same process as a living patient. This means either contacting JACE Medical or the Hospital where the records are stored.

If you think that information in your health records is incorrect, or you need to update your personal details (name, address, phone number), approach JACE Medical and ask to have the record amended.  

Alternatively, you can complain to the Information Commissioner (the person responsible for regulating and enforcing the Data Protection Act), at:

The Information Commissioner’s Office (ICO)
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545745

If your request to have your records amended is refused, the record holder must attach a statement of your views to the record.

SUBJECT ACCESS REQUEST FORM

You will appreciate that health data relating to any individual is highly confidential and JACE Medical must ensure that it releases such data only to the person to whom it relates, or to a person authorised to act on his or her behalf. If you require to see any health data, please complete this online Request Form as fully and accurately as possible to enable us to locate the exact information you require.

The UK General Data Protection Regulations (GDPR) gives you the statutory right of access to any information, manual (paper) or computerised.  You may wish to authorise someone else to make your application on your behalf and if you have parental responsibilities you may make an application to see your child’s notes.

You do not have to give a reason for applying for access to you JACE Medical for your records. If you do not need access to your entire records, it would be helpful if you would inform us of the periods and area of your health records that you require, along with details which you feel may have relevance (e.g. clinic type, location, dates).

Timescale

JACE Medical will deal with your request as quickly as possible. If you request copies of all or part of your medical record, these will be ready within the allocated timescales specified by the Regulations (which is currently 28 days from receipt of your accurately completed form and confirmation of consent), and we will telephone you when they are available for you to come to JACE Medical to collect them. Under certain circumstances, this period can be extended to 3 months but we will keep you informed of the progress of your request during this extended period.

Fees

We will not make a charge for the first request for access to your medical records. We may, however, charge for subsequent requests or if we deem that the volume of information requested is excessive. You have the right to simply view your records (ie not receive a copy in a permanent form); information on how to arrange this is detailed below.

Type of request

If you request to see the original records, you will be invited to make an appointment at a mutually convenient time to view them.  If you request copies, these will be ready within the allocated timescales specified by the Regulations, and we will telephone you when they are available for you to come to JACE Medical to collect them. 

Proof of identity

Two forms of identity must be provided (one of which must be photographic). This is to ensure information is not released to unauthorised individuals. The table below outlines the proof of identity we can accept.

Type of Application 

Identification Required

Patient applying for their own records

 

Can be waived if the applicant is known to the staff member

1 x photographic identification

 

1 x containing induvial names and addresses

 

Third Party Applying

 

Consent of patient will be required before the request will be processed

1 x identification containing third party name and address

 

1 x photographic identification of Third party

 

Applying on Behalf of a Child

 

We will always obtain consent for release of records from a child age <16 if a third party is making request

 

 

1 x child’s birth certificate

 

1 x photographic identification of person with parental rights

 If you are completing this application on behalf of another person, JACE Medical will require their authorisation before we can release the data to you. The person whose information is being requested should sign the relevant section within the online form. If the patient is a child (i.e. under 16 years of age) the application may be made by someone with parental responsibilities – in most cases this means a parent or guardian. If the child can understand the nature of the application, his or her consent should be obtained or, alternatively, the child may submit an application on their own behalf.

Access the subject access request form here. (embed this link https://form.jotform.com/231644071961354)