This page (together with our Privacy and Cookies Policy and Acceptable Use Policy) tells you information about us and the legal terms and conditions (the “Terms”) on which we make available to you certain medicinal products (the “Products”) and services (the “Services”), from our website, which is located at www.apomeds.com/en, (the “site”).
The provisions of this Terms and Conditions and/or any other policies and/or any other content included in the official website of Apomedical Ltd expressed in the English language shall prevail over the provisions of any other translation of the same documents in whichever language the potential translation might be.
The site facilitates your access to an online clinical assessment for the purpose of third party prescribers issuing private prescriptions (the “Prescriptions”) and third party pharmacists dispensing the Products for you.
These Terms also govern the ownership and use of any materials, documentation and intellectual property rights which belong to us or any of our associates (the “Material”).
Please read these Terms carefully and make sure that you understand them. Before you place an order for Products or access the Services on the site (an “Order”), you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be allowed to order Products or access Services from the site.
The provisions that are set out in Part 1 of these Terms are of general application in respect of your use of the site. If, through the site, you wish to receive any or all of the prescriber services, pharmacy services or delivery services, you must also read the additional terms and conditions which are set out at Part 2 which relate to prescriber services, Part 3 which relate to pharmacy services and Part 4 which relate to delivery services. Each Part is incorporated into and forms part of these Terms.
1.1 We are Apomedical Limited, a company registered in England and Wales with company number 11622278 and our registered office at Fifth Floor, 55 King Street, Manchester, United Kingdom, M2 4LQ (the “Company”, “we” or “us”). Our VAT number is 323699381. We are responsible for operating the site.
1.2 We work with selected third party suppliers (the “Associates”), including registered prescribers (the “Prescribers”), a registered pharmacy (the “Pharmacy”) and a parcel delivery company (the “Delivery Co”), which are responsible for respectively prescribing, dispensing and, if applicable, delivering the Products and/or Services through the site in accordance with the additional terms and conditions, which are set out respectively at Parts 2, 3 and if you choose to hire an independent Delivery Co that will collect the products on your behalf, also part 4 of these Terms. You should review and accept such terms and conditions before you place an Order for any Products or Services through the site. In making the Products available to you on the site, you acknowledge that we are acting as agent for and on behalf of the Pharmacy.
1.3 It shall be the responsibility and at the liability of:
1.3.1 the Prescribers to write and review the clinical questionnaires and to generate and issue Prescriptions;
1.3.2 the Pharmacy to receive, dispense, check and make available for collection the Products (please note that neither we nor the Pharmacy delivers the Products to you – see clauses 1.3.3 and 12.2. At your request, delivery of the Products shall be the responsibility of the Delivery Co acting as your agent); and
1.3.3 the Delivery Co to collect Products from the Pharmacy on your behalf, if you have chosen this collection option, and to deliver such Products to you in accordance with your delivery instructions.
2.1 Our role is to manage the relationship between you and the Associates. If, for any reason, you need to contact any of the Associates, the easiest way is to contact us directly by email [email protected]. Please include your Order number or account details to help us to identify you.
2.2 Where reference is made in these Terms to communication being made in writing, this shall be taken to include communication made by us or any Associate by way of any communication or information provided to you via the site or by email using an email address, which you have provided to us for communication with you. The provisions of this clause shall not apply to the requirements of service of any documents in legal proceedings.
3.1 By accepting these Terms, you are communicating with us electronically and, in doing so, you are deemed to consent to receiving electronic communications from us or the Associates. Electronic communications include, but are not limited, to emails, notifications, disclosures and information fields or other information provided via the site. You agree that any electronic communication made to you by us is sufficient to satisfy any legal requirement that such communication be made to you in writing.
3.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
3.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms.
3.4 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
4.3 We may use the personal information you provide to us in order to:
4.3.1 verify your identity;
4.3.2 enable Associates to provide you with Products and/or Services;
4.3.3 facilitate payments and refunds for Products;
4.3.4 enhance and improve the quality of Products and/or Services that we provide;
4.3.5 comply with requests made by regulatory bodies and/or as otherwise required by law;
4.3.6 provide relevant information to your regular healthcare providers; and/or
4.3.7 for the prevention of fraud and/or other relevant criminal offences.
4.4 We use identity verification services in order to check your details, which are checked against multiple sources, including the electoral roll and credit reference agencies. By agreeing to these Terms, you are giving us permission to make these checks. If we cannot verify your identity using these checks, we will contact you requesting further evidence of your identity.
4.5 You give your consent for information about yourself, your health and your current medications including, but not limited to, the information you divulge as part of the online clinical assessment to be viewed and exchanged by and between us and our employees and Associates for the purpose of supplying Products and/or Services to you.
5.1 We may amend these Terms from time to time.
5.2 Every time you wish to use the site, please check these Terms to ensure that you understand the terms and conditions that apply at that time.
5.3 We may revise these Terms as they apply to your Order from time to time to reflect the following circumstances:
5.3.1 changes in relevant laws and regulatory requirements; or
5.3.2 where we, in our absolute discretion, deem it necessary or desirable.
5.4 Notwithstanding clause 5.1, if we revise these Terms as they apply to your Order, we will endeavour (but without obligation) to contact you to advise you of the changes.
5.5 We may also update and change the site from time to time to reflect changes to the Products and/or Services, our users’ needs and our business priorities.
6.1 Links to third party websites on the site are provided solely for your convenience. If you use these links, you leave the site. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material which is found there, or any results that may be obtained from using them. If you decide to access any of the third party websites that are linked to the site, you do so entirely at your own risk.
6.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
6.3 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.
6.4 You must not establish a link to the site in any website that is not owned by you.
6.5 The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page.
6.6 We reserve the right to withdraw linking permission without notice.
6.7 If you wish to link to or make any use of content on the site other than that set out above, please contact [email protected]
7.1 You can cancel an Order with immediate effect at any time by giving us written notice if:
7.1.1 we breach these Terms in a material way and we have failed to remedy the breach not less than 14 (fourteen) days from the day upon which you notified us in writing of that breach;
7.1.2 our performance under these Terms is affected by an “Event Outside Our Control” under clause 17;
7.1.3 we enter liquidation or upon the appointment of a receiver or administrator over our assets; or
7.1.4 at any time up to the commencement of the Service.
8.1 You will not be entitled to a refund arising from:
8.1.1 the unavailability of a particular Associate where the site is functioning and an alternative Associate is available;
8.1.2 your non-collection of a Product from the Pharmacy in accordance with clause 12.2;
8.1.3 a temporary interruption in the Service; or
8.1.4 any interruption in the Service through no fault of ours.
8.2 By accepting these Terms, you agree that Prescribers may differ in their clinical opinions and, provided that an online clinical assessment is reviewed in good faith by a Prescriber, you will not be entitled to any refund in respect of any Service provided.
8.3 You will not be entitled to receive a refund in relation to any Service where the provision of such Service is restricted because of:
8.3.1 insufficient or variable network connectivity;
8.3.2 a negligent act or omission by you; or
8.3.3 through no fault of ours.
9.1 We may from time to time have to cancel an Order before the provision of such Products or Services has commenced, due to any one of the following:
9.1.1 an Event Outside Our Control; or
9.1.2 the unavailability of any Associate or Material, without which we are unable to provide the Product or Service.
9.2 In the event that any Product or Service becomes unavailable pursuant to clause 9.1, we will notify you as soon as is reasonably practicable in writing.
9.3 If we cancel an Order pursuant to clause 9.1 and you have paid in advance, but the Products or Services have not yet been provided to you, we will provide you with a full refund.
9.4 We may cancel your Order at any time with immediate effect by giving you written notice if:
9.4.1 you do not pay us when you are required to; or
9.4.2 you are otherwise in breach of these Terms and you do not remedy your breach within 7 (seven) days of us asking you to in writing, or sooner if reasonably required.
9.5 From time to time, we will request certain information from you which may be confidential and/or covered by data protection legislation, for example, details of any medical conditions. If you do not provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the provision of the Services or the supply of the Products by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us and we will not be obliged to provide you with any refund in such circumstances.
10.1 We reserve the right to deny you access to the site or terminate the provision of Products and/or access to the Services, including removal of your account and information, immediately upon notice, where we determine that you have materially breached the terms of our Acceptable Use Policy or been abusive or have behaved in an inappropriate manner towards any Associate or any employee or agent of the Company, including:
10.1.1 using foul language, threatening, inappropriate, abusive, offensive behaviour or remarks;
10.1.2 engaging in any behaviour believed to be time-wasting; or
10.1.3 using the Services or ordering Products excessively, as determined in our reasonable opinion.
11.1 The site is made available to you free of charge.
11.2 We do not guarantee that the site or any Material on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
11.3 You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these Terms and other applicable terms and conditions, including those of the Associates at Parts 2, 3 and 4 of these Terms, and that they comply with them.
12.1 Please note that neither we nor the Pharmacy shall be responsible for delivering the Products to you.
12.2 Under the terms and conditions of the Pharmacy in Part 3, Products will either be made available to you for collection from the Pharmacy or you will be provided with an option to arrange for the Delivery Co to collect the Products on your behalf from the Pharmacy, and you shall arrange as between yourself and Delivery Co the delivery of the Products to an address of your choosing in accordance with the terms and conditions of Part 4 of these Terms.
13.1 Although we make reasonable efforts to update the information on the site, including descriptions of any Product or Service, we make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up to date.
13.2 The images of the Products on the site are for illustrative purposes only.
13.3 Products may vary from the images on the site and we accept no responsibility for any reliance that you may place on the accuracy of the images used on the site.
13.4 The packaging for the Products may vary from time to time to that shown on images on the site.
13.5 All Products that are shown on the site remain at all times subject to availability. If the Product you have ordered is unavailable, we will notify you as soon as possible and we will refund your payment promptly.
14.1 The prices of the Products will be as quoted on the site at the time you submit your Order, and shall include the fees payable to the Prescriber, the Pharmacy and, where such option is chosen, the Delivery Co. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the site.
14.2 Prices for Products may change from time to time but changes will not affect any Order you have placed prior to the change.
14.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK.
14.4 The site contains a large number of Products. It is always possible that, despite our best efforts, some of these Products may be incorrectly priced. We will normally check our prices as part of our dispatch procedures so that:
14.4.1 where the Product's correct price is lower than the price stated on the site, we will charge the lower amount when providing such Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide such Products to you at the incorrect (lower) price; and
14.4.2 if the Product's correct price is higher than the price stated on the site, we will notify you as soon as possible to inform you of this error and we will give you the option of continuing to order the Product at the correct price or cancelling your Order. We will not process your Order until we have received your instructions.
15.1 Payment for all Product charges must be made in full at the time of placing your Order. In making the Products available to you on the site, you acknowledge that we are acting as agent for and on behalf of the Pharmacy and are authorized to enter into contracts for the sale of Products and collect payments for the same for and on its behalf.
15.2 Payment for Products can be made by debit or credit card.
15.3 You are responsible for providing valid debit or credit card details. We reserve the right not to provide Products to you if your payment details have expired or are invalid. In such cases, we will attempt to contact you to request that you provide updated information.
15.4 Payments are provided on a 'continuous authority' basis, allowing for further payments or refunds to your payment card if necessary.
15.5 To ensure that your debit or credit card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered credit reference agency, which may keep a record of that information. This is done only to confirm your identity. A credit check is not performed and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with applicable data protection legislation.
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
16.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, subcontractors or the Associates and for fraud or fraudulent misrepresentation.
16.2 We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with your Order.
16.3 Subject to clause 16.1, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of the Products or Services shall be limited to the amount paid by you in respect of such Product or Service.
16.4 The site is not designed and is not suitable for the treatment and/or management of a medical emergency or any acute condition or condition that would otherwise warrant analysis, diagnosis or treatment in person or where analysis, diagnosis or treatment would be required on an urgent basis.
16.5 We will take all appropriate technical and organisational measures against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and our obligations under law as a data controller, we shall not be responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise.
16.6 We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the site or any notifications sent by us to you will be free of viruses or other harmful components.
16.7 We do not accept any liability or responsibility for the actions or omissions of any third party, including Associates and the Services provided by them.
16.8 We only supply Products for your own personal, domestic and private use. You agree not to supply the Products to any other person or to use the Products for any commercial, business or re-sale purpose, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you use such Products otherwise than in accordance with these Terms.
16.9 Products are supplied in accordance with information you provide to us and to the Associates through clinical assessments on the site. We are not liable for any loss or damage from your use of any Product if you supply incorrect or incomplete information when submitting your responses to a clinical questionnaire.
16.10 We are not liable for loss or damage, which arises from your failure to inform your regular doctor or other healthcare professional about any Products or Services which you order from the site.
16.11 We are not liable for any loss or damage, which results from your failure to follow advice given on the site or by any Associate.
16.12 You accept that the advice provided through the site does not replace the advice provided to you by your regular doctor and that you should consult with your regular doctor and other healthcare professionals on the Products supplied through the site.
17.1 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 an “Event Outside Our Control”, as defined in clause 17.2.
17.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
17.3 If an Event Outside Our Control takes place that substantially affects the performance of our obligations under these Terms:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the supply of Products to you, we will arrange a new collection date with you after the Event Outside Our Control has expired.
17.4 You may cancel an Order if an Event Outside Our Control, persists for a period of not less than 7 (seven) days. To cancel your Order, you must notify us in writing, subject to clause 2.
17.5 We may cancel an Order if an Event Outside Our Control persists for a period of not less than 28 (twenty eight) days.
Important: If you provide false or misleading information at any time when using our site or consulting with the Associates, you acknowledge that it is possible that a Prescription may be issued based on the incomplete information that you have provided, which could have severe or even potentially life threatening consequences. By using our site and consenting to these Terms, you agree not to provide false, inaccurate or misleading information at any time. To do so would be a breach of these Terms.
18.1 By accepting these Terms, you agree that:
18.1.1 all information that you provide to us and to the Associates will be a fair and accurate reflection and will not omit anything of material importance;
18.1.2 should you become aware that any information relating to your medical records, tests or prescriptions is inaccurate or incomplete, you shall bring it to our attention promptly;
18.1.3 you will ensure that you comply wherever possible with all instructions, advice and treatment provided to you by an Associate;
18.1.4 you will inform your regular doctor about Products that have been supplied and advice given to you through the site;
18.1.5 if, through your use of the site, you have any doubts, or concerns relating to any information, advice or instructions, which have been provided to you or failed to be received by you via the Services, or relating to your health, or any conditions, you will seek further independent medical opinion as soon as is reasonably practicable from an alternative healthcare professional and/or shall utilise the emergency services as applicable;
18.1.6 you will comply with any instructions (including but limited to route, timing and dosage) given to you by an Associate in relation to any Product;
18.1.7 you will report any side effects of any Product that you experience as soon as reasonably possible;
18.1.8 you will not register or attempt to register on behalf of any other person for access to the site nor shall you provide information in response to an online clinical assessment or represent yourself to be any other person; and
18.1.9 you will not register or attempt to register with the site more than once.
19.1 Any content that is used by us on the site and all Materials are subject to protection by copyright, trade marks, database rights and other intellectual property rights.
19.2 You agree that you shall not interfere with any copyright or proprietary notices on the site.
19.3 You acknowledge that you shall not at any time acquire any rights in the copyright or any other intellectual property rights in any Materials, content or any other documents or items provided through the site.
19.4 You shall be entitled to use the content, materials, documents and other information as set out in clauses 19.1 to 19.3 for your own personal use and in connection to receiving the Services from us but you shall not be entitled to make copies, edit, alter or distribute, nor shall you make any materials or information referred to in this clause available through a file-sharing network or facilitate or allow any other person to do the same.
19.5 All content available and included on the site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property or of our content suppliers and is subject to protection by copyright and other intellectual property rights. The collective use of all content on the site is our sole and exclusive property. Any software used on the site is our property or our software suppliers and is subject to protection by copyright and other intellectual property rights.
APOMEDSTM and APOMEDS.COMTM are unregistered trade marks of the Company.
21.1 The site may be accessed from outside of the United Kingdom. However, the site must not be used where the law of any other jurisdiction would govern the use of the site. It is your responsibility to check the laws in such jurisdictions.
21.2 We cannot guarantee that any Materials on the site are suitable for use in all locations outside the United Kingdom, nor will we guarantee that the use of such Materials will be compliant with the governing laws in those locations outside of the jurisdiction of England and Wales. We shall make available certain translations of the Materials for convenience of user experience.
21.3 Accessing the site from territories where its contents are illegal or unlawful is prohibited under these Terms. We accept no responsibility whatsoever and however incurred for any event arising from your use of the site from locations outside the United Kingdom.
22.1 Any dispute or claim arising under these Terms must be notified to us in writing within 14 (fourteen) days of such dispute or claim arising. Such notice must set out full particulars of the dispute or claim to enable us to know and understand what it relates to. Any failure by you to give written notice within such time limit will prevent you from making such claim.
22.2 In the event that a dispute arises in connection with any provision contained within these Terms, we and you each agrees to seek resolution of the dispute.
22.3 If the dispute cannot be resolved within 60 (sixty) days of the initial notification of a dispute by either party, we each agree to attempt to settle it through mediation in accordance with the Centre for Effective Dispute Resolution Model (“CEDR”) Mediation Procedure.
22.4 Unless otherwise agreed between the parties, the mediator will be selected by CEDR.
22.5 To initiate the mediation, either party must give the other written notice ("ADR Notice”) requesting the mediation. A copy of the request should be sent to CEDR.
22.6 The mediation will start not less than 60 (sixty) days from the date of the provision of the ADR written notice.
22.7 The parties irrevocably agree that neither party may commence any court proceedings in relation to any dispute arising out of any matter relating to these Terms until it has first attempted to settle the dispute by mediation and either the mediation has been terminated or the other party has failed to participate in the mediation for a period of not less than 30 (thirty) days from the date of the commencement of the mediation.
23.1 Each clause of these Terms operates separately. If any court or relevant authority decides that any clause or sub-clause is unlawful or unenforceable, the remaining clauses and sub-clauses will remain in full force and effect.
23.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
23.3 These Terms are governed by the laws of England. This means that any dispute or claim arising out of or in connection with these Terms will be governed by English law. By accepting these Terms, you irrevocably agree that the courts of England will have exclusive jurisdiction.
24.1 Consumers have legal rights in relation to Products and/or Services that are faulty or, subject to clause 13, not as described. You can obtain advice about your legal rights from your local Citizens' Advice Bureau or Trading Standards Office. These Terms do not affect your statutory rights.
24.2 You acknowledge and agree that by purchasing any Products through the site, no contract of sale, retail or other commercial arrangement is created between you and us. Our relationship with you when purchasing such Products is as agent for and on behalf of the Pharmacy.
24.3 We will not be held liable for any Product that you purchase from an Associate.
24.4 When placing an order for a Product through the site, you will receive written confirmation of your Order from us. This confirmation, however, will be subject to acceptance of the Order by the applicable Associate.
24.5 Your contract with the Associate will subsist at the time when you place your Order, with the Company acting as agent, for the Associate, and such Order has been duly accepted by the Associate. The basis of your contract with the Associate will be governed by the Associate’s additional terms and conditions, which are set out in Parts 2, 3 and 4 of these Terms.
The Prescriber Services are provided by EU Doctor 24 srl. By using the Prescriber Services, you are confirming that you understand and agree to be legally bound by the additional terms and conditions which are set out in this Part 2 of the Terms.
If you do not agree to the additional terms and conditions set out in this Part 2 of these Terms, you must not use the Prescriber Services.
We are EU Doctor 24 srl a company registered in Romania with company number 37806218 and our registered office at STR. P. I. CEAIKOVSKI 15A C, Sibiu, Romania (the “Prescriber”, “we” or “us”). We are responsible for providing the Prescriber Services via the site.
The Prescriber Services involve reviewing the clinical questionnaire and generating and issuing Prescriptions. To ensure quality care, our prescribers will also follow up with some patients. The Prescriber Services are provided by qualified prescribers, who may prescribe the Products and issue Prescriptions without meeting patients face to face. All of our prescribers comply with guidelines issued by their applicable regulatory body on remote prescribing.
By registering to use the Prescriber Services, you:
Each of our prescribers commits:
As the patient, you commit:
The information and advice provided by us when you use the Prescriber Service is based on the information you have supplied in response to the clinical questionnaire. It is your responsibility to ensure this information is correct and complete and you accept that failure to do so (whether intentionally or not) will affect the information and advice we give to you and the Product(s) we supply to you and, as such, may have consequences for which we are not responsible.
The Prescribers can only make a decision as to whether it is your best interests to receive a Product when the Prescriber has all relevant information. On occasion, this may require the Prescriber to ask you for additional information further to the information that you provided in response to the clinical questionnaire.
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
8.1 We (EU Doctor 24 srl) accept full clinical responsibility to all of our patients to the fullest extent that the law requires for our performance of the Prescriber Services.
8.2 We will not be liable for any loss or damage (in contract negligence or otherwise) where:
8.3 In particular, we are not responsible for:
8.4 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
8.5 Nothing in these Terms affects your statutory rights.
The Pharmacy Services are provided by Nationwide Healthcare Solutions Ltd t/a Pharmaease. By using the Pharmacy Services, you are confirming that you understand and agree to be legally bound by the additional terms and conditions which are set out in this Part 3 of the Terms.
If you do not agree to the additional terms and conditions set out in this Part 3 of the Terms, you must not use the Pharmacy Services.
We are Nationwide Healthcare Solutions Ltd t/a Pharmaease, a company registered in England and Wales with company number 07278785 and our registered office at 172 Willows Lane, Bolton, United Kingdom, BL3 4BU (the “Pharmacy”, “we” or “us”). We are responsible for providing the Pharmacy Services via the site.
2.1 The Pharmacy Services involve receiving, dispensing, checking and making available for collection Products which have been issued pursuant to a Prescription. The Pharmacy Services are provided by qualified pharmacists, who are employed or engaged by the Pharmacy, which operates from registered pharmacy premises under General Pharmaceutical Council (GPhC) registered premises number 9010200 at 172 Willows Lane, Bolton BL3 4BU United Kingdom.
2.2 The superintendent pharmacist of the Pharmacy is:
Rafiq Muhammed Awais Masood GPhC Number: 2065278.
2.3 All registered pharmacists are bound by codes of professional ethics and conduct. You can access these professional conduct rules by visiting the GPhC at www.pharmacyregulation.org
Each of our pharmacists commits:
As the patient, you commit:
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
5.1 We (Nationwide Healthcare Solutions Ltd t/a Pharmaease) accept full responsibility to you to the fullest extent that the law requires for our performance of the Pharmacy Services.
5.2 We will not be liable for any loss or damage (in contract negligence or otherwise) where:
5.3 In particular, we are not responsible for:
5.4 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
5.5 Nothing in these Terms affects your statutory rights.
5.6 Our maximum liability to you for our failure to dispense a Product that we are legally bound to fulfil will be limited to the price paid by you for that Product.
No request for us to dispense a Prescription will be binding on us until we have confirmed the Order. Our professional codes of conduct and legal restrictions may limit the number of Products we are permitted to supply to you and, as such, we have no obligation to supply quantities exceeding the relevant permitted maximum and will charge only for those we do supply. We reserve the right to reject any request to dispense a Prescription.
We will start to process your Prescription on receipt. If you wish to cancel a request for us to dispense a Prescription, you should promptly inform us via the site. If we have already started to provide the Pharmacy Service, you will have no rights to cancel the Order.
When we receive a Prescription, we will verify it against the information that you have provided to the site at the time your Order was placed. In the event that the information does not match with your original Order, we may try to contact you using the information that you provided in your registration for the site.
If any of the items on your Prescription are unavailable, or are not suitable for dispensing through the Pharmacy Service, we will try to contact you using the information in your registration.
You should check the items on the Prescription that we have dispensed to you carefully and promptly upon receipt. If you believe there may have been a dispensing error, you should promptly inform us via the site and you should not take or use any of the items.
You must check all items dispensed to you and should not take any Products that appear to have been tampered with or which may have been dispensed in error. Failure to abide by this warning could seriously damage your health.
12.1 In providing payment card details, you confirm that you are authorized to use the card and authorize Apomedical Limited acting as our agent, or its payment service provider to take payment in full for the items in your order, postage and packing charges and any other charges that become due under these terms. Refunds, if applicable, will only be made using the card originally used for payment.
12.2 The Consumer Rights Act 2015 allows you to claim a refund on faulty goods within 30 (thirty) days of receipt. In some cases, we may offer to replace the item free of charge: if the first replacement item we supply also turns out to be faulty then you can claim a refund at this point, which includes the price you paid for the Product plus any postal charges. If you believe any of the Products you have ordered to be damaged or faulty, please contact us via the site.
12.3 Your refund will be processed once we receive your returned items, subject to clause 12.5. Refunds are credited to the original card you paid with and will take 5-7 working days to be credited to your account, depending on your card provider.
12.4 We will refund any standard postage paid on orders returned in full. Unfortunately, we do not refund postage on return of part orders.
12.5 Unfortunately, you cannot return Products, or anything that has a hygiene seal that has been broken. You have the right to reasonably inspect your items as you would in a shop, but you cannot return items that you have used, unless you are returning them because they are damaged or faulty.
This section is only relevant if you choose to hire an independent Delivery Co that will collect the products on your behalf
Delivery Services are provided by companies and parties specialized in this field of service provision. Your contract of carriage and of other related services hereto is with the company or the subsidiary or affiliate of the company that accepts from you the shipment for carriage. You agree that such companies may subcontract the whole or any part of the contract of carriage or of other services subject to the applicable national and international laws and the terms and conditions of the companies and subcontracted parties where applicable. At the point of giving the carrier your shipment you accept the terms and conditions of such carrier on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services. The terms and conditions also cover and can be invoked by anyone used or sub-contract to collect, transport, deliver your shipment or perform other services. When you give the carrier your shipment with oral or written instructions that conflict with terms and conditions, no party involved in the provision of the Delivery Services shall not be bound by such instructions. By using the Delivery Services, you are confirming that you understand and agree to be legally bound by the additional terms and conditions which are set out in this Part 4 of the Terms.
If you do not agree to the additional terms and conditions set out in this Part 4 of these Terms, you must not use the Delivery Services.
In these Terms where the following terms are used, they shall have the following meanings:
(i) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection; and/or
(ii) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; and/or
(iii) radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same; and/or
(iv) pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster; and/or
(v) the absence, failure or inadequacy of the packing or packaging used for a Consignment.
“Service Order” means the summary of the order displayed during the ordering process, which is confirmed to you in the confirmation email that is sent once acceptance of the Order has occurred.
2.1 We will arrange the Delivery Service for you in return for the payment by you to us of the price set out in the Service Order and in accordance with these Terms.
2.2 We shall have the right to make any changes to the Delivery Service which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Delivery Service and we shall notify you of any such changes.
2.3 We warrant that the Delivery Service will be provided using reasonable care and skill.
2.4 If the Delivery Service is not carried out with reasonable care and skill, you may require us to repeat or fix the Delivery Service or, if that is not possible or not done in a reasonable time, obtain a reasonable reduction in the price from us.
3.1 We will make one attempt to deliver a Consignment during normal working hours. If we cannot obtain a delivery receipt at the Delivery Point, we shall return the Consignment to our premises and leave a request for the recipient of the Consignment to contact us to make alternative delivery arrangements to the Delivery Point. If you do not contact us to arrange the alternative delivery within 3 (three) days, we will return the Consignment to the Pharmacy at your cost (such cost to be discharged before delivery to you).
3.2 If we consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in our reasonable opinion is likely to be unsafe hazardous or harmful, we reserve the right to dispose of the Damaged Consignment immediately.
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
4.1 Liability for the Delivery Services are set forth in and governed by applicable national and international transport conventions alongside carrier terms and conditions.
4.2 Nothing within these Terms shall be deemed to affect your rights under the Consumer Rights Act 2015.
4.3 Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
4.4 As a responsible business, we will perform the Delivery Service in a professional manner with the appropriate level of skill and care. However, damage to a Consignment may still occur as a consequence of our handling of it and in such circumstances, our liability shall be limited as set out in these Terms. The reasoning behind this limitation of our liability is as follows:
(a) The value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which we can easily ascertain but is something which is better known to you. In many cases, it cannot be known to us at all and can only be known to you;
(b) The potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that we could reasonably be expected to charge you for providing the Delivery Service;
(c) It is not possible for us to obtain cover which would give unlimited compensation for our full potential liability to all of our customers and, even if it were, such cover would be much cheaper if taken out by you (rather than us taking out such cover and passing the cost on to you) and on that basis, it is more reasonable for you to take out such cover from an independent third party;
(d) We wish to keep the costs of providing the Service(s) to you as low as possible;
(e) In light of the above, we wish to limit our liability for any damage or loss caused to you to a level which we consider reasonable to our low charges for providing the Delivery Services;
(f) In these Terms, “damage to you” means any damage suffered by you (including any loss of, or damage to, a Consignment and any other loss, whether or not known to you or us or in either of our contemplation at the time of accepting your order), however it arises but only so long as it is caused by our negligence, breach of duty or other wrongful act or omission (which includes any deliberately wrongful act or omission) and any breach of these Terms, or any terms implied by statute (where applicable);
(g) We investigate all claims received by us in a fair and prompt manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and on that basis, the timescales set out in these Terms are necessary to ensure that such investigations can be performed fairly.
The Extent of our Liability
4.5 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause
4.6 We shall not be liable to you under any circumstances for any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill) or for any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.
4.7 We shall not be liable to you for any damage caused by our negligence, breach of duty, or other wrongful act or omission, which you have, or you have arranged to be, repaired, unless it is agreed by us that the repair work is to be carried out and that a repairer approved by us undertakes this work;
The Limitation on the Amount of our Liability
4.8 If we are liable to you for any reason, we shall only be liable to refund to you the cost paid for the Delivery Service unless you have purchased compensation cover for your Consignment from us. Where you purchase compensation cover for your Consignment from us, our liability to you is limited to the value of the compensation cover taken out or the actual value of the Consignment at the date of loss (whichever is the lesser). Where you do not purchase compensation cover, you confirm that you accept the risks of not doing so.
4.9 If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the claim for a sum equal to or greater than the value of the Consignment, then we shall be entitled to claim ownership of the Consignment and deal with it as we see fit. For the avoidance of any doubt, we shall be responsible for the cost of recovery of the Consignment.
4.10(a) We shall not, in any circumstances, be liable to you for any damage caused arising directly or indirectly as a result of any of the Excepted Risks.
(b) If at any time we are prevented or delayed from starting, carrying out or completing any of the Delivery Services because of a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway or any other cause beyond our control, you shall have no claim for damages against us for any loss that you may suffer as a result provided that, where the delay is caused by the mechanical breakdown of one of our vehicles, we shall use our best endeavours to provide a replacement vehicle with the minimum delay practicable.
4.11 If our performance of any of our obligations under these Terms is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Your Default”):
(a) we shall (without limiting our other rights or remedies) have the right to suspend performance of the Delivery Services until you remedy Your Default and, and we shall have the right to rely on Your Default if Your Default prevents or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses that you may suffer that arising directly or indirectly from our failure or delay to perform any of our obligations; and
(c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from Your Default.
5.1 If we are requested to collect from, or deliver a Consignment to, a country outside of the United Kingdom, our terms of liability (subject to clause 4.3) shall be governed by the relevant provisions of the Convention on the Contract for International Carriage of Goods by Road as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as amended) (the “CMR Regulations”) and, in particular, articles 17 onwards and those provisions shall be deemed to be incorporated into these Terms and will apply in place of any inconsistent terms within these Terms. We can provide a copy of these provisions if requested, but even if these are not requested you will be deemed to have read, understood and agreed to them and their incorporation into these Terms.
5.2 If the carriage of any Consignment occurs by air travel and involves stopping in a country other than the country of departure, then the Montreal Convention as amended shall be generally applicable to such part of the carriage as occurs by air and, in particular, our maximum liability in respect of loss of or damage to any such Consignment during air travel shall be limited to the amount set out in the Montreal Convention (namely £1,870 per ton of the gross weight (i.e. including any and all packaging) of the Consignment).
5.3 We shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through our carriage and/or delivery of any Consignment and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing an order with us. If any such charges become due as a result of our carriage and/or delivery of a Consignment on your behalf and are charged to us by any competent authority you agree to reimburse us fully in respect of the same within 7 (seven)days of our demand.
6.1 We shall not be liable to you under any circumstances for any loss or damage unless you notify us either via the site within:
(a) 14 (fourteen) days of delivery of the Consignment in the case of damage to all or part of a Consignment or loss of part of a Consignment; and
(b) in all other cases (including, but not limited to, loss of the whole of a Consignment) within 28 (twenty eight) days from when the Consignment was collected by us.
6.2 Refunds may be given at our discretion and in accordance with the service definitions made available to you at the time of payment.
6.3 Should a refund be appropriate, it shall be made back to the payment method originally used to book the transaction or into a prepay account with us.
6.4 Refunds can only be processed to the contracted party who booked the order.
6.5 Refunds will not be offered for consequential loss.
6.6 Refunds must be requested within 28 (twenty eight) days from the date the order was placed.
You agree to indemnify us against any losses or liabilities that we may suffer through the loss of, or inability to deliver, a Consignment caused by deficient or ambiguous labelling of such Consignment as a result of information that you have submitted to the site.
8.1 You shall pay all charges applicable in respect of the Delivery Service provided by us in accordance with the payment terms set out in the Service Order.
8.2 Should the provision of any Delivery Service mean that we have to deliver a Consignment on a bank or other public holiday, we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result.
8.3 All charges stated, whether by invoice or in the Service Order, shall be exclusive of any applicable value added tax, which shall be added to the total sum payable to be repaid by you.
9.1 You agree to:
(a) ensure that the information you supply in the Order Schedule is complete and accurate;
(b) co-operate with us in all matters relating to our provision of the Delivery Service;
(c) provide us with access to your premises, office accommodation and other facilities as reasonably required by us if any of these are to be the Delivery Point and be responsible for ensuring that the premises are free of hazardous materials and do not pose a health and safety risk to us; and
(d) provide us with such information and materials as we may reasonably require in order to supply the Delivery Service and ensure that such information is accurate in all material respects.
9.2 You understand that all Consignments shall be accepted at the Delivery Point and that the recipient shall give our driver an appropriate receipt and you agree that this receipt shall be conclusive evidence of delivery of the Consignment by us. This clause 9.2 shall not apply where such receipt is obtained as a result of fraud, collusion or dishonesty on the part of our driver.
Last update: 06.08.2019