Terms & Conditions

The use of this Website and our Services is subject to the following Terms and Conditions. These Terms and Conditions (hereinafter referred to as “Terms”) as well as the Privacy Policy, and all other applicable laws and regulations (hereinafter collectively referred to as, the “Agreement”) govern your access and use of https://www.cognivalue.com/ (hereinafter referred to as, the “Website”) and will apply to all the Services provide to you by Dr Abhishek Shastri trading as Cognivalue (“we”; “us”; “our”; “I”). You must read, agree and accept all of the terms and conditions contained in this agreement and our Privacy Policy. If you do not agree with any of these Terms, you are prohibited from using or accessing this Website and our Services. 

By contacting us and agreeing to avail of our Services/input, you agree with the Terms. If you are simply visiting our website, or making inquiries at this stage, these Terms apply to your use of our website and your communications with us.

The terms “you”; “your”, refer to the prospective or intended Customer or patient or their representative or visitor(s) (hereinafter collectively referred to as “Customer”) to the Website or Customer making general enquires. Where a person is a representative on behalf of a Customer, they agree that they will be bound by these Terms, even if the Customer breaches, or is not bound by, any part of these Terms.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR ACCESSING THIS WEBSITE OR AVAILING OF SERVICES PROVIDED ON THE WEBSITE

SERVICES PROVIDED BY COGNIVALUE

  • Cognivalue undertakes to provide private Psychiatrist Services to its Customer within the opening hours. Fully qualified Psychiatrists on the Specialist Register of the General Medical Council will provide consultations.

  • Appointments are available within the opening hours, please refer to the main website for opening hours. Appointments may be booked online, by telephone, or by email. Appointments may be booked up to 4 weeks in advance or on the same day. Appointments are subject to availability and are only made available to you at our sole discretion. In the unlikely event, that a same-day appointment is not available we will inform you promptly and you will be offered a further appointment as soon as possible. If we are unable to supply you with any Services, we will endeavor to inform you of this and we will not process your request.

  • Please note we are not an emergency Service. For any of your healthcare needs other than those forming part of the Services, please speak to your GP or seek assistance from emergency Services as required.

  • Each Service comprises the appointment and additional time including, but not limited to, reading background information, liaising with the GP, solicitor, and/or family members, and producing a comprehensive report/letter.

  • We will make every effort to complete the Services in a timely manner. However, there may be circumstances beyond our reasonable control which prevent this.

  • If we do not receive payment for the Services when we are supposed to we may suspend the Services with immediate effect until we have been paid the outstanding amounts. We will contact you to tell you this. This does not affect our right to debit the relevant balance and/or to charge you interest.

  • While providing the Services to you, if we recommend that you must undergo certain tests or procedures, we are under no obligation to provide any Services without those tests or procedures first taking place. If you decide that you do not want to proceed, you will only be obliged to pay for the Services you have actually received.

NO LIABILITY

  • We are not responsible for meeting your general primary healthcare needs, and we are not an on-call or on-demand Service. We are also not an emergency Service. For any of your healthcare needs other than those forming part of the Services, please speak to your GP or seek assistance from emergency Services as required. 

  • Please look after your belongings carefully when you visit our consulting rooms. We are not responsible for the loss or damage to any valuables, cash, or other items belonging to you or any persons accompanying you while you are visiting any of our consulting rooms.

  • While we and the other parties involved in the Services will use our reasonable skill and care to ensure you get a satisfactory outcome, a medical or medico-legal outcome cannot be guaranteed with complete certainty. We shall not be liable by reason of any representation (unless fraudulent) or any implied warranty, condition or other terms, or any duty at common law, or under the terms of the Agreement for any loss of profits, anticipated savings, opportunity, reputation or goodwill in each case whether direct or indirect or for any special, consequential and/or other indirect loss or damage whether caused by negligence, breach of contract, tort or breach of statutory duty by us, our employees or agents or otherwise, arising out of or in connection with this Agreement.

FEE AND OTHER CHARGES

  • The prices for consultations and other Services are set out on our Website. The prices do not include VAT. Due to the bespoke and complex nature of the Services that we provide, it is only possible for us to give you a fee estimate prior to the provision of the Services you have requested. We will confirm our prices before accepting your appointment and we reserve the right to charge additional fees.

  • We take full consultation fees in advance. Hence full payment must be made upfront at the time you make our appointment, either online or by following up your appointment with a telephone call. We will send you an invoice in advance of your appointment and each invoice must be paid in cleared monies within 7 days of the date of invoice.

  • Appointments are exempt from VAT but where VAT is applicable to any of our Services, our prices exclude VAT at the applicable rate. 

  • We may accept payment in the form of credit card, debit card, bank transfer, cash, and direct debit. We may accept other forms of payment, but this will be at our discretion.

  • We may collect your payment details, including your credit or debit card details when we accept your request for Services. Your card details, and all other personal information, will be handled in accordance with our Privacy Policy, which is available on our Website. All credit/debit card information is processed through our secure payment gateway and processing partners.

LATE PAYMENT

  • It is your responsibility to pay the fees and we will require you to pay them at the time that we have notified to you.

  • If a third party has agreed to pay your fees and they fail to settle our invoices (or any part of them) by the due date for payment, we will assume that the outstanding amount will not be paid by the third party and we will invoice you direct and payment will be due within 7 days of the date of the invoice.

  • If, for any reason, we find that you have not paid our fees by 7 days after the date of the invoice, you agree that we can debit the outstanding balance from your card upon 7 days of notice to you, and/or we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. If you dispute an invoice in good faith, please contact us to let us know promptly after you have received the invoice.

  • If you are covered by insurance you may need to pay our fees and ask your insurance provider to reimburse you following the Services. We may not accept direct payments from insurance providers but we will assist you where we can, including providing any appropriate documentation requested by you for your insurance provider. You will need to check whether your insurance provider will cover you for the Services. It is not our responsibility to do so. Your insurer may have a different opinion to us or the other parties involved in the Services, which means they may not reimburse you for all or any of the Services.

REFERRALS TO THIRD PARTIES.

  • While providing the Services to you, if we recommend that you should undergo certain tests or X-rays, scans, etc, (hereinafter referred to as “additional investigations”) we are under no obligation to provide such services. If you decide to undergo recommended additional investigations, you need to contact third-party providers to avail of such services and you will be responsible to pay for any such services you receive from third-party providers. Cognivalue does not have any formal referral relationship with any third-party provider for such services and we do not require our customers to avail services from any particular third-party providers. Cognivalue neither recommends any third-party providers nor do we have any form of partnership with any third-party providers for such services, and any fee paid to Cognivalue shall not include any services provided by the third-party providers.

CANCELLATION OF SERVICES AND/OR APPOINTMENTS

  • We may need to cancel Services before they begin because the Services you requested are not available. We will promptly contact you if this happens.  In the situation where we have to cancel your appointment, you will be offered a further appointment as soon as possible. If you have made any payment in advance for any Services that have not been provided to you, we will refund these amounts to you. 

  • You may contact us at any time to cancel an appointment, but in some circumstances, we may charge you certain sums for doing so, as described below. 

  • Customers must give us at least 48 hours notice of cancellation. Otherwise, the full fee will be payable. If you are late to an appointment by more than 10 minutes or you do not attend an appointment or you give us less than 48 hours notice to reschedule an appointment, we reserve the right to charge you for any costs that we have incurred (please be aware that this could be as much as the full cost of your appointment plus any additional costs such as the consulting room fee). Please contact us if you would like more information in relation to a specific appointment. We will not charge you if we receive more than 48 hours notice to reschedule an appointment. If there is another party involved in the Services and they provide a different deadline, you must provide a period of notice that meets this requirement or that one, whichever is longer.

  • If you change your mind and do not want any of the Services, or you would like to cancel this agreement, please give us at least 7 days notice in writing. Any advance payment you have made for the Services that have not been provided will be refunded to you. You will need to pay us any costs we may have reasonably incurred by that stage and we will tell you what these costs are when you contact us. These costs will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We may deduct from refunds any amount that you owe to other parties involved in the Services.

  • We may cancel this agreement at any time with immediate effect by giving you written notice if: you (or a third party) do not pay us when you are supposed to; you breach the contract in any other material way and you do not correct or fix the situation within 30 days of us asking you to in writing; or the provision of Services is not in your best interests for medical reasons, and you will receive a refund for anything you have paid already for those Services less the costs reasonably incurred by us up to cancellation.

  • For certain Services which are booked and paid for in advance, an administration fee may be payable for cancellation due to fees already incurred to provide such Services when the appointment was booked.

ADDITIONAL CHARGES

  • Any additional charges will be advised to patients before they are charged, prices for individual services are also available through our Website. If you have any queries or questions regarding fees please do not hesitate to ask for clarification.

LIMITATION OF LIABILITY

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COGNIVALUE / DR ABHISHEK SHASTRI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE AND/OR THE SERVICES OR ANY CONTENT AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF COGNIVALUE / DR ABHISHEK SHASTRI, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FORCE MAJEURE 

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs, or other industrial action by third parties, lockdowns, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or another natural disaster, or failure of public or private telecommunications networks. We will contact you as soon as reasonably possible if any of these things occur.

DATA PROTECTION

  • If you provide personal information in order to use one of our Services on this website, it will only be used for the purposes stated on the page. It will not be shared with any third party without your consent unless required by law.

  • It is necessary for the purpose of providing Services to retain Customer’s personal data including identity, contact details and medical information. All information is held within a secure and encrypted computer system. We will not share your information with any other parties without your express consent, except in cases of emergency such as a life-threatening illness. We comply with the Data Protection Act 1998 and are registered with the Information Commissioner’s Office. Please also see our privacy policy for further information.

TERMINATION OF SERVICES

  • Cognivalue does not tolerate violent, aggressive, or abusive behavior. Cognivalue reserves the right to immediately terminate this contract with any Customer who is violent, aggressive, or abusive.

  • Further, we reserve the right to immediately issue a warning and deny your access to all or part of the Website or refuse to provide our Services to you without notice if:

  • You are in breach of any part of this agreement. 

  • We cannot, for any reason, verify or authenticate any information you provide to us. 

  • We believe that your actions may cause legal liability for us, you or any other user. 

INTELLECTUAL PROPERTY RIGHTS 

  • We own the copyright, and all other intellectual property rights in any documents we make in connection with the Services for you (including but not limited to reports, care plans, drafts, drawings, or illustrations). This just means we are free to use our internal templates and other documents.

  • Copyright, trademark, patent, or any other intellectual property rights in the Contents of our Website and the Services provided by us including, without limitation, text, logos, software, all designs, database, images, format, documents, video, and links, graphic and written work and all other materials published on this Website (hereinafter collectively referred to as “Contents”) and reports, care plans, drafts, drawings or illustrations provided as part of our Services are owned by Cognivalue or the respective third party entities as identified on the Website. No license or right is granted and your use of and/or the Contents and Services therein shall not constitute by implication, estoppel, or otherwise, any license or right of use. As such, you shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license, and/or alter in whole or in part any of the foregoing in any manner without the express permission from Cognivalue.

  • You must not use any part of the Contents on the Website for commercial purposes without obtaining express written permission from Cognivalue.

DISCLAIMER

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENTS AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

  • The website and its contents are provided for general information purposes only. Nothing on the Website or its Contents, materials, or information provided on the Website shall ever be construed to constitute a piece of legal or professional advice. Cognivalue shall bear no liability or responsibility for any loss or damage sustained from reliance on the information or materials published on the Website or representations made in the blog. Cognivalue is not responsible or liable for any matter relating to you or any third parties accessing or using this Website and its Contents. You are advised to contact us to find out more about the information or content published on the Website. If you wish to get in touch with us, please feel free to email us at: contact@congnivalue.com.

  • Cognivalue does not endorse nor is responsible for the contents of websites operated by third parties that link to this website or that are accessible from it.

  • The articles and views presented on the blog are purely for information and academic purposes only. The views expressed therein are opinions/views of the respective authors and Cognivalue does not warrant the accuracy of the information or views and expressly disclaims all warranties with respect to that. Cognivalue shall not be liable for any injury or damage caused to a person or losses or damages incurred by such person due to the information or views posted on the blog.

  • Cognivalue expressly disclaims any and all warranties with respect to the accuracy, authenticity, and appropriateness of the Contents and information provided in the blog and Website.

  • Any unauthorized representation or misrepresentation, of Cognivalue Website trademark or / Dr Abhishek Shastri’s personality rights, whether honest or otherwise is strictly prohibited and may give rise to liability for civil and criminal action.

REPRESENTATIONS AND WARRANTIES

  • Cognivalue represents and warrants that Services and Contents of this Website is provided by the copyright holders and contributors “as is” and on an “as available” basis and Cognivalue, its officers, directors, employees, and agents make no and hereby disclaims any express or implied warranties, including, but not limited to, the implied warranties (collectively, “warranties”) of merchantability and fitness for a particular purpose are disclaimed. In no event shall the copyright holder or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or Services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Website, even if advised of the possibility of such damage.

  • You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Cognivalue/ Dr. Abhishek Shastri disclaims all warranties, express or implied, in connection with the Services and your use thereof.

  • Cognivalue/ Dr. Abhishek Shastri makes no representations or guarantees and disclaims liability that the Website will be free from loss, destruction, damage, hacking or security intrusion, corruption, attack, any interruption or cessation of transmission to or from our Services, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in any Contents or for any loss or damage of any kind incurred as a result of the use of any Contents posted, emailed, transmitted, or otherwise made available via the Website.

  • Cognivalue/ Dr. Abhishek Shastri does not warrant, endorse, guarantee, or assume responsibility for any contents or Services advertised or offered by a third party through the Services or any hyperlinked Services or featured in any banner or other advertising, and Cognivalue/ Dr. Abhishek Shastri will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or Services. You should use your best judgment and exercise caution, against interference, personal injury, or property damage, of any nature whatsoever, resulting from your access to and use of the Website.

  • No guarantees, representations, or warranties are made with respect to the use of the Website to be accurate, timely, reliable, uninterrupted, or without errors. Cognivalue/ Dr Abhishek Shastri disclaims liability and reserves the right to without prior permission modify, suspend, or discontinue any part or all of the Website.

LAW, JURISDICTION AND ARBITRATION

  • The construction of these Terms shall be determined in accordance with laws and rules in force in England and shall be subject to the exclusive jurisdiction of the Courts in England.

  • All disputes arising under or in relation to these Terms shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the Arbitration Act 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be London.

MODIFICATION

  • Cognivalue can update, modify, suspend, discontinue, or change any part of these Terms from time to time. The revised Terms will be posted as a notification here at this link http://www.cognivalue.com/terms-and-conditions/. You are encouraged to periodically check this page to stay informed about changes to our Terms. The revised Terms will be effective from the date stated on the revised Terms. If you disagree with any of the changes to the Terms, please refrain from accessing the Website or using or availing of the Services. Your continued access to the Website or use or availing of the Services following the posting of revised Terms will indicate your acceptance and acknowledgment of the changes and you will be bound by it.

CONTACT US

For any queries, Email us at contact@cognivalue.com or write to us at Address: Cognivalue, Banner House, 29 Byron Road, Harrow HA1 1JR.