UK Private Treatment Plan Terms

Other terms also apply to your use of the Website and the App to obtain a Prescription These are set out on our Website and include (but are not limited to) the following:

• Our UK Terms of Use
• Our UK Privacy Policy
• Our Cookie Policy
• UK Telehealth Consent

To use the Website or App to obtain a Prescription, you must be over 18.

Once the Video Consultation is complete, a clinician prescriber may determine, based on their medical assessment of the information which you have provided during the Video Consultation, that you require treatment with a Product. If this is the case, where clinically appropriate, the pharmacist GP or other prescriber (Prescriber) will either issue a Prescription for the relevant Products using the procedure set out below or will advise you to consult your own GP or primary healthcare professional (your Healthcare Professional), or another medical practitioner, as the Prescriber deems appropriate.

The Prescriber will order the Prescription via our network from our dispensing pharmacy (Pharmacy) and, subject to the Conditions to Receive a Prescription below, the Pharmacy will sell, supply, dispense and deliver the Products to you directly.

We do not guarantee that your Prescription will be fulfilled by the Pharmacy.

It is a condition of these UK Private Treatment Plan Terms that:

• You have completed a Consent Form, and that the information in the Consent Form is accurate and not misleading.
• You reside in England and are over 18 years of age.
• If the Pharmacy requires further information before supplying a Product, you will receive a notification via SMS, e mail or a notification to your account that you have a message. The Prescription will not be processed until you have replied to the Pharmacy’s message and any follow up communication has been resolved to the Pharmacy’s satisfaction.
• You confirm that all of the information you have provided in the Video Consultation and in any related communication, including with the Pharmacy, is complete, accurate and not misleading.
• You confirm that you have consented to your health data being processed by us, and for your health data being shared with us and the Pharmacy, together with any Prescriptions that are issued to you. Should you withdraw this consent, you must notify us immediately.
• You will notify your Healthcare Professional about your Prescription. We will not send any information to your Healthcare Professional unless you request us to and will not be responsible for anything that occurs due to your Healthcare Professional’s lack of knowledge about the Prescription.
• You acknowledge that you are responsible for the use of the Products in accordance with instructions which accompany the Products and any instructions given by us or the Pharmacy. The Products are supplied to you to treat a specific condition that a Prescriber has identified as applicable to you. You agree that the Products must not be shared with or used by any other person.

The Pharmacy will only dispense the Products to you on the basis of a Prescription. The Pharmacy will only send the Products to you if the Pharmacy approves the Prescription for the Products that has been issued to you.

Neither we nor the Pharmacy publishes the price of any Products; you will be advised of the price of the Products before the Prescription is issued. The Pharmacy will send the Products to you once the Pharmacy receives payment for the Products via the Website or the App; information on how to pay is set out in the section entitled “Fees and Charges” in the UK Terms of Use.

The section of the UK Terms of Use entitled “Ordering, Dispensing and Delivery” will apply to all Products which are dispensed pursuant to a Prescription, however your Healthcare Professional does not need to further approve the Prescription.

Title to the Products is transferred to you when they leave the Pharmacy’s premises. The Pharmacy shall not be liable for any damage that may occur in transit. The Pharmacy shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including without limitation, delays due to back orders on Prescriptions or issues with postal and delivery services.

The Pharmacy does not accept returns of any Products unless they have been dispensed in error and do not match your Prescription.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these UK Private Treatment Plan Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these UK Private Treatment Plan Terms, both we and you knew it might happen.

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 or subcontractors or for fraud or fraudulent misrepresentation.

We are not responsible for events outside our control. We will not be responsible to you for any failure to provide our Website, App or services where it is caused by an event outside our control.

To the maximum extent permitted by law, we disclaim all warranties and representation, express or implied, in relation to the Prescription supplied by us, including without limitation implied warranties and suitability for any particular purpose. Your sole remedy in relation to any claims relating to the Prescription supplied by us is for us to request the Pharmacy to provide a like-for-like replacement.

All Prescriptions are issued in the relevant clinician’s sole discretion, in accordance with the information shared by you during a Video Consultation.

Professional codes of conduct and legal restrictions may limit the number and frequency of any Products that we and/or our Pharmacy are permitted to supply to you.

When we consider that a breach of these UK Private Treatment Plan Terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these UK Private Treatment Plan Terms constitutes a material breach of the UK Terms of Use upon which you are permitted to use our Website and App, and may result in our taking all or any of the actions set out in those UK Terms of Use (see “We may end your rights to use the Website and/or App if you break these Terms”.

We exclude our liability for all action we may take in response to breaches of these UK Private Treatment Plan Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

We make changes to these UK Private Treatment Plan Terms from time to time. You should, therefore, check this Policy whenever you return to our Website or use the App to see whether any changes have been made, as these will be binding on you.

We also make changes to our other policies from time to time, so you should also check these regularly to see whether any changes have been made.

If a dispute arises in connection with these UK Private Treatment Plan Terms, it will be dealt with in accordance with the section entitled “Disputes” in our UK Terms of Use.

These UK Private Treatment Plan Terms are between you and us

No other person shall have any right to enforce any of its terms.

Each of the paragraphs of these UK Private Treatment Plan Terms operates separately.

If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Even if we delay in enforcing these UK Private Treatment Plan Terms, we can still enforce them later.

Even if we delay in enforcing these UK Private Treatment Plan Terms, we can still enforce them later.

If we do not insist immediately that you do anything you are required to do under these UK Private Treatment Plan Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to the UK Private Treatment Plan Terms and where you may bring legal proceedings.

These UK Private Treatment Plan Terms (and all disputes arising out of or about it including disputes of a non-contractual nature) are governed by the laws of England and Wales. Subject at all times to the mediation and resolution processes referred to in the paragraph above headed “Disputes”, the courts of England and Wales shall have exclusive jurisdiction about all such disputes.