PHBChoices User Terms and Conditions

PHBCHOICES TERMS OF WEBSITE USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

Your use of https://phbchoices.co.uk/ (the “Site”) is subject to the following terms and conditions (“Terms”) (together with the documents referred to in them). By using the Site, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use this Site.

Even if you do not register on the Site or use the online marketplace known as “PHBChoices”, you should note that any browsing of the Site is subject to your acceptance of the following terms: our Privacy Policy and Cookie Policy, Accessing Our Site, No Reliance on Information, Intellectual Property Rights, Limitation of Liability, Third Party Links, Linking to the Site.

Users of the Site (“you”) who have been allocated a PHB (defined below) or users who are self-funded are entitled to appoint or have another person appointed as a delegate to manage on their behalf either the spending of their PHB or the use of their own funds.  The delegate will have separate log-in details for the Site and will also be required to agree to these Terms.  If you are such a delegate, you warrant that you have the authority of the PHB holder or the self-funded customer to place orders on their behalf or, if you are placing orders on behalf of a person under 18 years old, you acknowledge that you will be placing the order in your own name, and references to “your” PHB or “your” PHB Contract should be construed as referring to the person who has appointed you as their delegate.

Other applicable terms

These Terms refer to the following additional terms, which also apply to your use of the Site:

Our Privacy Policy [Privacy Policy], which set out the terms on which we process any personal data we collect from you or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy [Cookie Policy], which sets out information about the cookies on the Site.

Information about us

https://phbchoices.co.uk/ is a site operated by NHS Shared Business Services Limited ("we"; “us”; “our”). We are registered in England and Wales under company number 05280446 and have our registered office at Three Cherry Trees Lane, Hemel Hempstead, Hertfordshire, HP2 7AH.

Accessing our Site

The Site is made available to you free of charge.

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted.

Access to the Site is provided at our discretion. We may suspend, withdraw, discontinue or change all or any part of the Site without notice.

You are responsible for making all arrangements necessary for you to have access to the Site.

Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate or available in other locations. We may block the availability of our Site or any service or product described on our Site to any person or geographic area at any time. If you choose to access our Site from outside the United Kingdom, you do so at your own risk.

Use of PHBChoices

The Site incorporates an online marketplace (“PHBChoices”) which connects users with suppliers of goods and services and service providers directly employed by PHBHolders and/or self-funded users to deliver personal care services to them ( each a “Personal Assistant”) (each a “Supplier”).

By placing an order for goods or services via PHBChoices, you warrant that you are at least 18 years old and are legally capable of entering into a binding contract.

If you have been allocated a personal health budget (“PHB”) by your Clinical Commissioning Group (“CCG”), you can spend the funds allocated to you in your PHB using PHBChoices.  

If you want to use any of the services included in the PHBChoices Enhanced Membership available on PHBChoices, you may only do so by subscribing to the Enhanced Membership at the prevailing rate of 2% of any transactions carried out using such membership.

If you use your PHB to purchase goods or services or subscribe to the PHBChoices Enhanced Membership via PHBChoices, you will not be charged but a sum equivalent to the value of the goods and services you have purchased and/or a sum equivalent to the subscription charge for the PHBChoices Enhanced Membership will be deducted from your PHB. Alternatively, you can use PHBChoices to purchase goods or services and/or subscribe to the PHBChoices Enhanced Membership using your own funds via an approved debit or credit card as a self-funded user.

Where you purchase goods or services using your PHB and/or where you subscribe to the PHBChoices Enhanced Membership, your use of PHBChoices is subject to you complying with the terms governing your use of your PHB, as agreed with your CCG (your “PHB Contract”). We reserve the right to terminate your access to the Site immediately in the event that we are notified that you are found to be in breach of your PHB Contract. If you are using the Site as a delegated representative of the person entitled to the PHB, you are responsible for ensuring that your use of the Site complies with the terms of that person’s PHB Contract.

Whenever you purchase goods or services via PHBChoices, you are entering into a separate contract directly with the Supplier, on that Supplier’s terms of business (the “Supplier’s Terms”). Any orders placed by you via PHBChoices are subject to confirmation by the Supplier. You will be provided with a copy of the Supplier’s Terms prior to entering into any contract on PHBChoices. It is your decision whether you choose to agree to the Supplier’s Terms and to enter into a contract with the Supplier.

We are not a party to your contract with the Supplier and will have no obligation to you to ensure that it is performed. The contents of the Supplier’s Terms, including the terms of delivery of the goods or services and any other terms, conditions, warranties, representations or promotions, are solely a matter between you and the relevant Supplier. Any complaints or queries regarding goods or services purchased via PHBChoices should be sent directly to the relevant Supplier.

All Suppliers are entirely independent of us. They are not acting as our agent and do not have the authority to bind us in any way.

No reliance on information

The content on the Site is provided for general information only. You agree and acknowledge that the information and views contained anywhere on the Site shall not in any way constitute professional advice and that any advice or information you may receive through the Site is in no way a substitute for a formal assessment of your needs by your GP, Clinical Commissioning Group (CCG), Local Authority or any other care provider.

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date, nor that the content of any sites which are accessible from the Site is accurate, complete or up-to-date.

Your account and password

In order to use the Site you are required to create an account which may contain certain personal details and payment information. It is your responsibility to ensure that the information provided is accurate and up to date. You must treat any username, password or other account information provided to you as confidential and must not disclose it to any other person.

We have the right to disable any user log-in or password, or any other access credentials, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if we otherwise reasonably consider that there is a risk to the security of the Site.

If you know or suspect that anyone other than you knows your user log-in, password or any other access credentials for the Site, you must promptly notify us at sbs-b.phbchoices@nhs.net.

Intellectual property rights

All content on the Site, including the design, pictures, logos, photographs are owned by or licensed to us. They are protected by copyright, trademarks and other intellectual property rights. You may not copy, reproduce, modify, distribute, republish, display, post or transmit any part of this Site, except with our express prior written permission. You may view or print individual pages only for your own personal use.

Limitation of our liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Site; or
  • use of or reliance on any content displayed on the Site.

We will not be liable to you if for any reason our Site is unavailable or not operating correctly at any time for any period.

You are not permitted to use the Site for any commercial or business purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

To the fullest extent permissible by law, you agree that (a) we will not be responsible or liable for any loss or damage of any kind incurred as a result of any purchase made on PHBChoices or of the presence of any Supplier on PHBChoices and (b) any orders placed by you via PHBChoices are subject to confirmation by the relevant Supplier, and will be subject to that Supplier’s Terms.

We will not be liable to you for any loss you suffer as a result of you breaching any contract with a Supplier or as a result of any Supplier breaching any contract with you entered into via PHBChoices.

We will not be liable for any loss or damage caused by a virus, malware, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

Submitting content to the Site

You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content, subject to the terms of our Privacy Policy.

Any content you upload to the Site will be considered non-confidential and non-proprietary subject to the terms of our Privacy Policy.

Any content you upload to the Site must not:

  • breach any applicable local, national or international law or regulation;
  • engage in, advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • contain sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening or abusive, invade another person’s privacy or cause needless inconvenience or anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
  • give the impression that it emanates from us, if this is not the case.

You will be liable to compensate us for any loss or damage we suffer as a result of you uploading content in breach of the above provisions.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible or liable for the content or accuracy of any content posted by you or any other user of the Site.

The views expressed by other users on the Site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Viruses

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Third party links

The Site may contain links to other websites not owned or operated by us. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in these websites, and accept no liability for any loss or damage arising out of your use of them. Any link to another website shall in no way be construed as an endorsement of that website by us.

Linking to the Site

You may link to the home page of our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

Termination and Cancellation

We may terminate the account at any time upon 28 days’ written notice delivered to your address or sent by e-mail to the last recorded email address provided by you. If we terminate your account, you will be notified by email and an explanation for the termination will be provided.

Self-funded users may only terminate their account at any time upon written notice delivered to us via email to sbs-b.phbchoices@nhs.net and only to the extent that there are no monies owing on such account.

In the case of PHB holders, you may only terminate upon written notice delivered directly to your CCG who will notify us on your behalf.  We will not terminate any PHB holder account without the relevant CCG’s prior notification and we shall not be liable for any failure by any CCG to notify us of a PHB holder termination.

Any contracts to purchase goods or services that you have entered into with a Supplier will not be affected by the termination of your account, but we recommend that you do not terminate your account whilst any orders you have placed are outstanding, in case it causes you to miss messages or notifications about your order sent to you through the Site by the Supplier.

Events outside our control

We will not be liable to you for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.

Third Party Rights

No one other than a party to this agreement shall have any right to enforce any of these Terms.

Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these Terms, this shall not constitute a waiver of any of our rights or remedies and you shall still be required to comply with your obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

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.

Entire agreement

These Terms and any document(s) expressly referred to in them represent the entire agreement between us regarding your use of the Site and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

Changes to these Terms

We reserve the right to change these Terms at any time. We will ensure that you are notified of any such changes via the e-mail address provided on registration, via a pop-up box on your next log-in to the Site after the change has come into effect.  If you do not wish to accept the changes to these Terms, you should cease all use of the Site.  You acknowledge that if you continue to use the Site after notification of such changes has been provided, you will be deemed to have indicated your agreement to the changes, and will be bound by the new terms. 

Applicable law

These Terms and your use of this Site are governed by and construed in accordance with the laws of England and Wales. The Courts of England and Wales will have exclusive jurisdiction in relation to any disputes.