Terms and Conditions

Please read these terms and the letters referred to in them carefully. Together, they set out the terms on which we supply our services to you.

By using our services, you agree to be bound by these terms. 

Please contact us (using the details in Clause 2.2) if you have any questions about these terms or any aspect of the services we provide.

These terms are effective from October 1st 2024. If you have already received services from us, these terms may have changed since you last reviewed them. Please note, any change in these terms will not apply to services we were already providing to you before the change came into effect.

IMPORTANT NOTES:

Payment and prices: Please note failure to pay for any services to be provided under these terms at least 48 hours before those services are to be provided, may mean we exercise our entitlement to cancel those services and our contract with you (see Clauses 4.4 and 4.7).

Time limits on prices quoted: Any prices and costs quoted to you will remain valid for 30 days from the date of the letter (or other written confirmation) they are set out in, unless a longer period is specified to you in writing. After that time, prices may change. The prices set out on the Get Well Soon website are indicative guide prices only, and are subject to change at any point, subject to these terms (see Clause 4.6).

Cancellation of these terms: You have the right to cancel at any time, but please be aware there are restrictions on whether you will be entitled to a refund of any payments you have made (see Clause 10.3 for details). If you cancel with less than 48 hours’ notice, in normal circumstances you will not receive a refund for those services (see Clause 10.3).

Under consumer law, you are permitted to cancel your contract with us at any time within 14 days of entering into it (“cooling off period”) and will receive a refund of fees paid. However, should you choose to book your Initial Consultation for a date within the 14 day cooling off period, we reserve the right to deduct our reasonable costs before any refund is issued to you, which will include the cost of any Initial Consultation if it is due to occur within 48 hours of the time of cancellation (see Clause 10.3).

Limitation of liability: We limit our liability as set out in Clause 13.

YOUR RIGHTS ARE PROTECTED BY THE CONSUMER RIGHTS ACT 2015.

IMPORTANT DISCLAIMER NOTICE: WE DO NOT PROVIDE DIAGNOSTIC OR MEDICAL PROCEDURES, TREATMENT OR CARE, AND WE ARE THEREFORE NOT LIABLE FOR THESE SERVICES. PLEASE SEE CLAUSE 3 FOR DETAILS OF THE SERVICES WE DO PROVIDE.

1.   Words and phrases used in these terms

1.1  When we use the following words, they have the following meanings:

(a)   “Additional Costs” has the meaning set out in Clause 4.3, and for the avoidance of doubt such charges will only be made with your explicit consent; 

(b) “App” means any application available through the Get Well Soon website that supports or otherwise compliments the GWS Services;

(c) “Consultant” means a registered medical practitioner with whom we have a services agreement and who holds or has held or is qualified to hold an appointment as a Consultant in the National Health Service in a specialty other than General Practice and whose name is on the register of specialists kept by the General Medical Council; 

(d) “Consultation Appointment Letter” means the letter we send to you confirming the appointment you have made for your Initial Consultation; 

(e) “Consultation Letter” means the letter your Consultant will send to you following your Initial Consultation providing details of any recommended course of treatment;

(f) “Get Well Soon” means the self-pay service provided by GETWELLSOON LTD, more details of which are available on the website www.getwellsoon.co.uk;

(g) “GWS Fees” has the meaning set out in Clause 4.1;

(h) “GWS Patient Letters” means the Consultation Appointment Letter and the Quotation Letter; 

(i) “GWS Services” means the support services that we provide to you on the basis set out in Clause 3 that (for the avoidance of doubt) does not include the Treatment Services, nor any provision of diagnostics, treatment, care or any other healthcare services; 

(j) “Initial Consultation” means your first appointment with a clinician to assess the treatment you may require; 

(K) “Private Healthcare Facility” means any facility providing privately funded healthcare services on an inpatient, day-case and/or outpatient basis; 

(l) “Private Healthcare Provider” means a healthcare provider providing privately funded hospital services; 

(m) “Privately Funded” means paid by individuals directly and excludes arrangements which are directly paid by private medical insurers;

(n) “Quotation Letter” means the letter we or the Private Healthcare Provider send to you either by post, email or through the App which sets out details of the services and the Quoted Prices for them, following your Initial Consultation; 

(o) “Quoted Price” means the price you pay for the services (which includes the GWS Fees) as set out in a Quotation Letter, which is subject to the time limits outlined in that letter and in Clause 4.6;  

(p) “Self-Pay Services” means the services provided to you as a self-paying patient arranged or introduced through Get Well Soon, including the GWS Services and any Treatment Services;

(q) “Treatment Services” means the services, which can be booked through Get Well Soon, which your Consultant provides to you, including all consultations, care, treatment and/or procedures to be carried out at a Private Healthcare Facility by the Private Healthcare Provider, to which a Quoted Price applies as detailed in your Quotation Letter and as may be changed from time to time in accordance with these terms;

(r) “Terms means these terms and conditions, expressly incorporating the terms set out in the GWS Patient Letters, each as may be amended from time to time in accordance with their provisions and the expression “contract” refers to the contract formed between you and us by these terms;

(s) “We”, ”us” or “our” refers to GETWELLSOON LTD (see Clause 2.1 for more details); “you” or “your” refers to the person using the Self-Pay Services (which may include using GWS Services and/or booking Treatment Services);

1.2  In these terms, unless the context otherwise requires:

(a) the singular shall include the plural and vice versa and words denoting any gender shall include all genders;

(b) a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time and a reference to legislation or a legislative provision shall include all subordinate legislation made from time to time under that legislation or legislative provision;

(c) a reference to “writing” or “written” includes emails;

(d) any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for example’, 'guide' or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term in respect of those terms.

2.   Information about us and how to contact us

2.1  Who we are: We are GETWELLSOON LTD, a company registered in England and Wales. Our company registration number is 13112092. Our registered office is at 3rd Floor, Trigate House, Hagley Road West, Birmingham, B68 0NP.

2.2  How to contact us: You can contact us by: 

(a) telephone on 0800 994 9494 between 8AM – 8PM Monday – Friday;

(b) email at info@getwellsoon.co.uk; or

(c)  post to Suite 320 Trigate House, Hagley Road West, Birmingham, England, B68 0NP.

2.3  How we may contact you: We will use the email address, telephone number and/or postal address you provide to contact you. You must let us know in a reasonably timely manner if those contact details change.

3.   The services we provide and the limitations on them

3.1  Services we provide: Our role is to facilitate your access to healthcare services. We agree that we will provide the GWS Services to you, subject to us accepting your booking and receiving payments from you when due under these terms. The GWS Services are support services in relation to, and for the duration of, the Self-Pay Services that you are provided following your introduction by us, consisting of some or all of the following services, as required in relation to your Treatment Services and/or as otherwise agreed with you: 

(a) we provide you with information to help you select: (i) a Consultant (or, where appropriate, Consultants) with experience in the medical condition you are experiencing; and (ii) a suitable Private Healthcare Facility and a Private Healthcare Provider;

(b) we facilitate booking appointments (including in relation to the Initial Consultation and any Treatment Services) with your selected Consultant(s) and Private Healthcare Facility; 

(c) we and/or the Private Healthcare Provider collect the amount of the Quoted Price from you on behalf of the relevant Consultant(s) for their services and pay it to them; and 

(d) we will provide such other services as we reasonably consider necessary in the circumstances in order that you benefit from your Self-Pay Services.

3.2  What we do not provide and why:

(a) We do not ourselves diagnose conditions or provide medical care or treatment or provide any healthcare services, whether as part of the GWS Services, or otherwise.

(b) All healthcare services, diagnostics, treatment, and care provided to you (whether as Treatment Services or otherwise) will be provided by your Consultant(s) and Private Healthcare Providers and not by us. These services and their providers will be identified in your Consultation Follow-up Letter. All of these Consultant(s) and Private Healthcare Providers are independent third parties and your relationship with them will be governed by separate legal contracts and/ or terms and conditions between each of them and you. Your Consultant(s) and Private Healthcare Provider will provide you with copies of the documents containing those contracts and/or terms and conditions for you to agree.

(c) Your Consultant will be entirely responsible, and may at their discretion, determine your suitability or otherwise for any further Treatment Services.

4.   What we charge you for the GWS Services and how you must pay the Initial Consultation fees and Quoted Price

4.1  The fees we charge you for the GWS Services (the “GWS Fees”) are included in the Quoted Price we set out, along with details for their payment, in the Quotation Letter.

4.2  We advertise indicative guide prices for the Self-Pay Services offered on the Get Well Soon website. Your Quotation Letter will set out the total price for your Self-Pay Services at the time you book your planned Treatment Service. The Quoted Price included in your Quotation Letter may differ from the indicative guide price displayed on the Get Well Soon website or provided to you at the time you booked your Initial Consultation.

4.3  If required, your Consultant will discuss with you additional costs or charges not covered by the Quoted Price (“Additional Costs”). These costs might cover additional diagnostic tests or scans, for example, which your Consultant may consider necessary for you to have either at or following your Initial Consultation. Additional Costs will only be incurred with your explicit consent, usually as part of your consultation discussion, and payable directly to your Consultant or Private Healthcare Provider.

4.4  When you tell us you wish to go ahead with an Initial Consultation, we will take payment for your Initial Consultation by credit or debit card via the Get Well Soon website or over the phone or, if you request us to, we will send you bank details to enable you to make an electronic bank transfer. We must receive payment for your Initial Consultation at least 48 hours before the consultation takes place, otherwise we may have to cancel the Initial Consultation.

4.5  When you book to go ahead with your procedure or Treatment, you agree that you will pay the Quoted Price (including the GWS Fees) at the time of booking, using a method set out in the Quotation Letter for the Self-Pay Services. You acknowledge and agree that delivery of the Self-Pay Services is dependent on you paying the applicable Quoted Price in accordance with these terms, included in the Quotation Letter.

4.6  You accept the Quoted Price provided to you in writing can only be  guaranteed if you book and pay for the Treatment Services covered by the Quoted Price within 30 days from the date of the Quotation Letter (unless a longer period is specified in the letter). If you book after 30 days, we will review the Quoted Price in accordance with the prices for your procedure at that time and notify you of any change (whether an increase or a reduction) to the formally Quoted Price.

4.7  If payment for any Self-Pay Services is not received at least 48 hours before the relevant services are to be provided, we are entitled to cancel those services by notice to you and to treat our contract with you as cancelled.

4.8  We do not accept payment in cash.

5. Booking a Consultation or other Treatment Services

5.1  You can arrange an Initial Consultation through the Get Well Soon website, or by calling us by telephone during our opening hours (see Clause 2.2(a) for our details).

5.2  You can provide your details on our website, or we will take details from you when we speak to you. If you indicate to us (whether on our website, or on a call, or via email) that you wish to go ahead with an Initial Consultation, we will require payment from you as set out in Clause 4.4. Once we have received your payment for your Consultation appointment, we will provide you with a receipt along with your Consultation Appointment Letter, in which we will confirm the time of your appointment, the Consultant’s name you are booked to see, the Private Healthcare Facility where you will be seen and details of any diagnostic procedures that may take place during your Consultation.

5.3  You authorise us to make any payments due to your consultant and each relevant Private Healthcare Provider (and/or Private Healthcare Facility as necessary in relation to your Self-Pay Services) on your behalf from payments you make to us under these terms.

5.4  By making payment for your Initial Consultation, or upon receipt of your Consultation Appointment Letter (whichever is earlier) you agree to be bound by these terms in all of your dealings with us and that any services that we provide will be subject to these terms.

5.5  By paying the Quoted Price, you satisfy your obligations to pay the Consultant(s) and Private Healthcare Provider for their respective parts of the Quoted Price. Where all of the Quoted Price has been paid to us, we are responsible for paying the Consultant(s) and Private Healthcare Provider directly the amounts due to them as part of the Quoted Price. Where you have paid only part of the Quoted Price to us, we are only responsible for paying those fees to the Consultant(s), and the remainder will be payable by you directly to the Private Healthcare Provider.

5.6  Further treatment

(a) Following your Initial Consultation, your Consultant will send you a Consultation Letter detailing your Consultant’s recommendations. They may suggest further Treatment Services, such as diagnostic procedures, treatments or surgery, the charges for which will be detailed in a Quotation Letter. The Quotation Letter will include details of the Self-Pay Services and the Quoted Price.

(b) We will follow up with you by telephone to check whether you wish to go ahead with the Self-Pay Services and to arrange payment. We will help you to arrange an appointment at the Private Healthcare Facility with your Consultant’s secretary. You may contact us using the details set out in Clause 2.2(a).

(c) Payments must be received for any further Self-Pay Services before those services (including any treatments) are provided.

(d) Please note that a copy of the Consultation Letter will also be sent to your GP and will form part of your patient records.

5.7  If we cannot accept your booking

If we are unable to accept your booking for any Self-Pay Services, we will tell you. Please note that we cannot accept bookings from the following:

(a) customers outside the UK;

(b) customers under the age of 18; and/or

(c) customers who wish to fund their treatment through private medical insurance.

6.   Your right to make changes to your booking

6.1  If you wish to change your booking for any Self-Pay Services, the following applies:

(a)  To change your appointment date, Private Healthcare Facility or Private Healthcare Provider, you must contact your Consultant’s secretary as soon as reasonably practicable by telephone, email or other agreed method.

(b) To change your Consultant, you must contact us as soon as reasonably practicable by telephone or email using our contact details as set out at Clause 2.2.

6.2 Either we, or your Consultant’s secretary, will let you know as soon as reasonably practicable if the change you are proposing is possible. If the change is possible, we will tell you of any resulting effect on the Quoted Price, timings or any other aspects of the Self-Pay Services you have booked, and ask you to confirm whether you still wish to go ahead in light of those changes. If the Quoted Price changes as a result, you will need to confirm that you wish to continue with the Self-Pay Services by contacting us, either on the telephone, or by email (using the details in Clause 2.2).

6.3  You will need to confirm any change as soon as you can; please note that should you wish to make a change near to the date of your appointment, you may have to pay a cancellation charge (see Clause 10.3).

7.   If we need to make changes to your booking and/or Self-Pay Services

7.1  We may make minor changes to your Self-Pay Services which do not adversely affect the services provided to you. We will notify you of these changes when they are made. For example, we may need to make a minor change:  

(a) to reflect changes in relevant laws and regulations;

(b) to put in place adjustments and improvements; and/or

(c) to enable compliance with clinical best practice.

7.2  If we need to make any changes to your booking and/or Self-Pay Services that could have an adverse effect on your Self-Pay Services (including for example where a Consultant or appointment is no longer available) then, without any impact on our rights under Clause 9, we will notify you of the change in advance and contact you to agree it with you.

7.3 If you do not accept a proposed change or agree an alternative with us under Clause 7.2, you may cancel your Self-Pay Services by notifying us (using the details in Clause 2.2). In these circumstances, we will refund any money you have paid for services not provided as a result.

8.   Our rights to make changes to these terms

8.1  Minor or necessary changes: We may make changes to these terms from time to time for any reason, for example:

(a) the changes are minor and improve these terms or do not adversely affect the services provided to you;

(b) to reflect changes in relevant laws and regulations;

(c) to put in place adjustments and improvements; and/or

(d) to enable compliance with clinical best practice.

We will notify you of any such changes in writing as soon as we can. If we believe that any changes of the kind set out above may have an adverse impact on you, if possible we will provide notice reasonably in advance.

8.2  Other changes. Sometimes, we may have to make other changes to these terms which may have an adverse impact on you. In those circumstances, we will notify you in advance and discuss the changes with you. If you feel that you do not want to continue with our agreement as a result of those changes, or if we cannot agree an alternative with you, you may cancel the contract formed by these terms in accordance with Clause 10.2, which may result in you receiving a refund as set out in that clause.

9.   Responsibility for delays and information

9.1  We are not responsible for delays outside our control. We will contact you as soon as possible if your booking is affected by an event outside our control. We will try to minimise the effect of any delay due to such an event. Provided we do this we will not be liable for delays caused by the event, but you may contact us (using the details in Clause 2.2) to cancel the contract as set out in these terms and we will pay you a refund to the extent of any Self-Pay Services you have paid for but not received prior to your cancellation.

9.2  We are not responsible for delays caused by a Consultant and/or the Private Healthcare Provider.  We will contact you if a Consultant and/or the Private Healthcare Provider tell us that one of them wishes to delay or postpone their part of the Self-Pay Services, or you will be notified directly by the Consultant’s secretary. In these circumstances, we will try and agree with you an alternative appointment date with the same Consultant and/or Private Healthcare Provider, or with an alternative Consultant and/or Private Healthcare Provider (as the case may be). If you do not agree to any of the alternative(s) we propose, we will pay you a full refund to the extent of any Self-Pay Services you have paid for but not received. Please note, we are not under any circumstances responsible for delays caused by Consultants and/or Private Healthcare Providers.

9.3  What will happen if you do not provide any required information to us.

(a) We, the Consultant and the Private Healthcare Provider may need information from you, including for example answers to patient safety questionnaires, Consultant engagement letters, Private Healthcare Provider’s registration and admission forms. Where necessary we, the Consultant’s secretary, or Private Healthcare Provider will contact you to ask for this information. (Please see Clause 14 for more details on how we may use your personal information.)

(b) It may not be possible for us, the Consultant and/ or Private Healthcare Provider (as the case may be) to provide the Self-Pay Services:

(i)    if you do not, within a reasonable time, provide information to us, the Consultant and/or Private Healthcare Provider where requested, or sign the letters or forms required for any of your Self-Pay Services;

(ii)   if you provide incomplete or incorrect information.

(c) If it is not possible for the Self-Pay Services to be provided in those circumstances, we may either cancel the contract by written notice to you or make an additional charge to cover the reasonable costs of any extra work we have to carry out as a result.

(d) Neither we, nor the Consultant, nor the Private Healthcare Provider, will be responsible for providing any part of the Self-Pay Services late or not providing any part of the Self-Pay Services to the extent this is caused by you not providing information requested within a reasonable time.

10. Your rights to end the contract or cancel the Self-Pay Services

10.1 You can end the contract before the Self-Pay Services have been delivered. You may contact us at any time (using the details in Clause 2.2) to end your contract with us and to cancel the Self-Pay Services, but in some circumstances we may charge you certain sums for doing so – see Clause 10.3 below.

10.2 What happens if you have good reason for ending the contract. If you cancel the contract and/or your Self-Pay Services for a reason set out at (a) to (c) below, our contract with you will end immediately and we will refund you in full for any Self-Pay Services that you have paid for and which have not yet been provided. The relevant reasons are (without impacting your rights under Clause 9.2):

(a) you do not accept or agree a change to your Self-Pay Services under Clause 7.3;

(b) we have told you about a change to these terms under Clause 8.2 which you do not agree to; and/or

(c) we have failed to comply with these terms in a way that has a material detrimental impact on you.

10.3 What happens if you end the contract or cancel your Self-Pay Services for other reasons. If you contact us (using the details in Clause 2.2) to cancel any of your Self-Pay Services or these terms for any reason other than one of the reasons set out in Clause 10.2 above, our contract with you will end immediately and:

(a) if you have cancelled your Self-Pay Services more than 48 Hours prior to your appointment, we will refund you the price paid for the treatment not yet received;

(b) if you have cancelled your Self-Pay Services less than 48 Hours prior to your appointment, we will keep the full price you have paid and no money will be refunded to you (to reflect for example the risk that we will be unable to recover these costs from the Consultant or private healthcare provider).

11. Our right to end the contract

11.1 We may end the contract if you do not comply with your obligations under it. We may treat the contract as cancelled (and will notify you of such cancellation) if:

(a) you do not make any payment due to us at least 48 hours prior to the services to which the payment relates (whether an Initial Consultation or any part of the Self-Pay Services);

(b) you do not, at least 48 hours prior to the Treatment Services, provide any information that is necessary for the Consultant or the Private Healthcare Provider to provide Treatment Services, for example information such as answers to patient safety questionnaires, forms or engagements with a Consultant and/or a Private Healthcare Provider.

11.2 We reserve the right to deduct any costs we have reasonably incurred from any refund due. If we cancel the contract in the situations set out in Clause 11.1, we will refund any money that you have paid in advance for services which have not yet been provided, except that we will deduct all losses and costs that we have incurred in relation to your Self-Pay Services as a result of your failure to comply with your obligations under the contract.

11.3 We may stop providing the services. We may write to you to let you know we are going to stop providing elements of the Self-Pay Services that are no longer available. We will let you know as far in advance as we can and we will refund to you any sums you have paid in advance for any Self-Pay Services which cannot be provided.

12. If there is a problem with the services or the Self-Pay Services

12.1How to tell us about problems: If you have any questions or complaints about the Self-Pay Services, please contact us as soon as you can. You can contact us by telephoning us on 0800 994 9494 or by writing to us at info@getwellsoon.co.uk or GETWELLSOON LTD, Suite 320 Trigate House, Hagley Road West, Birmingham, England, B68 0NP. Please note that if your questions or complaints relate to your Self-Pay Services (not those provided by your Consultant or Private Healthcare Provider) then you should contact us first of all.

12.2 Your statutory legal rights: Nothing in these terms affects your statutory legal rights, whether under the Consumer Rights Act 2015 or otherwise. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

13. Our responsibility for loss or damage suffered by you

13.1 What we are responsible to you for: We are responsible for any loss or damage you suffer as a direct result of our failure to comply with these terms and/or our failure to use the standard of care and skill required of us by applicable law in providing the GWS Services.

13.2 We are not responsible or in any way liable for:

(a) the acts or omissions of Consultants or Private Healthcare Providers; you have separate contracts with them which will set out their liabilities to you; 

(b) any loss or damage you may suffer arising from the quality of diagnoses, treatment or care provided to you as part of the Treatment Services or otherwise, or which is caused by any Consultant(s) and/or Private Healthcare Provider(s). In such cases any claim you may have will be against the Consultant(s) and/or Private Healthcare Provide who diagnosed, treated or cared for you.

13.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes not excluding liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; for fraud or fraudulent misrepresentation or for breach of your statutory legal rights in relation to the Services.

13.4 We are not responsible for your business or any consequential losses or indirect losses. We only supply the GWS Services to private individuals. We will have no liability to you for any loss of profit, loss of goodwill, loss of business, business interruption, loss of business opportunity, or for any consequential or special damages or any kind.

14. How we may use your personal information: We take your personal information very seriously. Please see our Privacy Policy which sets out what personal information we may receive about you, how we use it and who we share it with. Please see www.getwellsoon.co.uk/privacy-policy

15. Other important terms

15.1 Transferring the contract.

(a) These terms are personal to you and you may not assign or transfer your rights, liabilities and/or obligations under them to any other party without our prior written consent.

(b) You agree that we may assign, delegate or transfer our rights under these terms to another organisation on written notice to you.

15.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights or Third Parties) Act 1999 or otherwise.

15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses in these terms operates separately. If any court or relevant authority decides that any of them are unlawful, it will not affect the remaining clauses, which will remain in full force and effect.

15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, we can still take steps against you at a later date.

15.5 Resolving disputes. If any dispute arises in connection with this contract we and you agree to enter into mediation in good faith to settle such dispute and will do so in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. Unless otherwise agreed between us and you within 14 days of notice of the dispute, the mediator will be nominated by CEDR. The commencement of mediation shall not prevent you or us commencing or continuing court proceedings in relation to the dispute under Clause 15.5.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

16. Whole Agreement. These terms and the documents referred to in them contain the whole agreement between you and us and supersede all previous arrangements, discussions, representations or agreements between us relating to the same subject matter. Without prejudice to your legal rights (including under the Consumer Rights Act 2015), you and we each acknowledge that we have no remedies in respect of any statement, representation, assurance or warranty that is not set out in these terms.