Terms & Conditions
Terms of use for this website
Part 1 – General
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 facilitate your access to certain medicinal products (the “Medicines”) and services (the “Services”), from our website, which is located at www.lettermeds.com (“our site”).
Our site facilitates your access to the Services, including the undertaking of an online consultation with third party prescribers, who may decide to issue a private prescription for a Medicine (the “Prescription”) and third party pharmacies, who will dispense the Medicine further to receipt of a Prescription.
These Terms also govern the ownership and use of any materials, documentation and intellectual property rights belonging to us or any of our associates (the “Material”).
Please read these Terms carefully and make sure that you understand them. Before you access the Services on our site, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be allowed to access the Services on our site.
The provisions that are set out in Part 1 of these Terms are of general application in respect of your use of our site. If, through our site, you wish to access the prescriber services or pharmacy services, you must also read and agree to the additional terms and conditions which are set out at:
- Part 2 which relate to prescriber services; and
- Part 3 which relate to pharmacy services.
Each Part is incorporated into and forms part of these Terms.
1. Information about us
1.1 We are EHEALTH LIMITED, a company registered in England and Wales with company number and our registered office at … (the “Company”, “we” or “us”). Our VAT number is ….. We are responsible for operating our site and for facilitating your access to the Services.
1.2 We facilitate access to selected third party suppliers (each an “Associate” and together the “Associates”), including a number of registered prescribers (each a “Prescriber”) and registered pharmacies (each a “Pharmacy”), each of which is responsible for performing respectively the prescribing services and the pharmacy services in accordance with the additional terms and conditions, which are set out respectively at Part 2 (prescribing services performed by the relevant Prescriber) and Part 3 (pharmacy services performed by the relevant Pharmacy) of these Terms. You should review and accept such terms and conditions before you access the Services through our site. In making the Services available to you on our site, you acknowledge that we are acting as agent for and on behalf of such Associates.
1.3 We work with a number of Prescribers and Pharmacies, who undertake the prescribing and dispensing services and the identity, contact and registration details of which will be provided to you at the point at which you submit your clinical questionnaire responses to our site. A permanent record of the identity, contact and registration details of each Prescriber and Pharmacy that provides its services to you via our site will be made in the order area of your personal account on our site and you can access this information for future reference. We cannot guarantee that each time you access our site to make a new enquiry about a particular Medicine that you will be allocated the same Prescriber or Pharmacy as has previously been allocated to you. If you are unhappy about any Prescriber or Pharmacy that is allocated to you, please contact us by email at help@lettermeds.com or by telephone on + 44….
1.4 You acknowledge and agree that it shall be the responsibility and the liability of:
1.4.1 the Prescriber to write and review the clinical questionnaires, undertake consultations with you and issue Prescriptions based on your responses to the clinical questionnaires; and
1.4.2 the Pharmacy to dispense, check and deliver the Medicines to you.
2. Contacting us
2.1 The easiest way to contact us is by email.
2.2 Our role is to facilitate access to the Services, which are provided by the Associates and to manage the relationship between you and the Associates. If, for any reason, you need to contact any of the Associates about any of the Services that have been provided by them, you should contact us in the first instance by email at help@ukmeds.co.uk. You can also contact us by telephone on + 44 (0)115 907 0050. Please include your order number or account details to help us to identify you.
2.3 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 onscreen message, notification, prompt field or other communication or information provided to you via our 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. Communication and security
3.1 By accepting these Terms, you are communicating with us electronically and, in doing so, you are deemed to consent to receiving communications from us or our Associates electronically. Electronic communications include, but are not limited, to emails, notifications, alerts, prompts, disclosures and information fields or other information provided via our 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 help@ukmeds.co.uk.
4. How we use your personal information
4.1 The use of your personal information is subject to our Privacy and Cookies Policy. Please ensure that you have read and understood our Privacy and Cookies Policy before accessing the Services.
4.2 We will not use any of your personal information for any purpose other than those contained within our Privacy and Cookies Policy and as set out below.
4.3 We will 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 Medicines and/or Services;
4.3.3 facilitate payments, credits and refunds for Medicines and/or Services;
4.3.4 enhance and improve the quality of the 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 GP or other regular healthcare providers; and/or
4.3.7 for the prevention of fraud and/or other relevant criminal offences.
4.4 We use various identity verification services in order to check your details, which are checked against multiple sources. By agreeing to these Terms, you are giving us permission to make such 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 consultation and clinical assessment to be viewed and exchanged by and between us and our employees and Associates for the purpose of supplying Medicines and/or Services to you.
5. We may make changes to these Terms or our site
5.1 We may amend these Terms from time to time.
5.2 Every time you wish to use our site, please check these Terms to ensure that you understand the terms and conditions which apply at that time.
5.3 We may revise these Terms 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, we will endeavour (but without obligation) to contact you to advise you of the changes.
1.1 We may also update and change our site from time to time to reflect changes to the Medicines, the Services, our users’ needs and/or our business priorities.
6. Linking
6.1 Links to third party websites on our site are provided solely for your convenience. If you use such links, you leave our site. We have not reviewed these third party websites and do not control and are not responsible for them or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results which may be obtained from using them. If you decide to access any of the third party websites which are linked to our 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 our site in any website that is not owned by you.
6.5 Our site must not be framed on any other website, nor may you create a link to any part of our 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 our site, other than as set out above, please contact us at help@ukmeds.co.uk.
7. Cancellation by you
7.1 You can cancel a Service with immediate effect at any time by giving us written notice:
7.1.1if 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 such breach;
7.1.2 if our performance under these Terms is affected by an “Event Outside Our Control” under clause 17;
7.1.3 if we enter liquidation or upon the appointment of a receiver or administrator over our assets; or
7.1.4 in accordance with clause 8.
8. Refunds, credits and rights of return – limitations
8.1 We hope that you will be happy with any product that you request from our site. However, in the event that you wish to return a product because it is:
8.1.1 not as described;
8.1.2 not fit for purpose; or
8.1.3 damaged or faulty,
we will provide you with an option to either:
(i) refund the price of the product in full via the method by which you originally paid for such product; or
(ii) obtain a credit to the value of price you paid for the product, which will be applied to your patient account (a credit reimbursement),
in each case together with any applicable delivery charges and any reasonable costs that you incur in returning the item.
8.1.1 Please note that once your treatment request has been approved by a Doctor, you will be charged and liable for a £8 non-refundable prescription and handling fee in respect of this service.
8.2 Unless you elect for a credit reimbursement, we will refund you by the payment method that you used to pay. If the card that you used to pay with expires before the refund or credit reimbursement is made, please contact the customer service team to provide your new card details.
8.3 You will not be entitled to a refund or credit reimbursement arising from:
8.3.1 the unavailability of any Associate where our site is functioning and an alternative Associate is available;
8.3.2 a temporary interruption in the Service; or
8.3.2 any interruption in the Service through no fault of ours.
8.4 By accepting these Terms, you agree that Prescribers may differ in their clinical opinions and, provided that any consultation and/or an online clinical assessment is undertaken in good faith by a Prescriber, you will not be entitled to any refund or credit reimbursement in respect of any Service provided.
8.5 You will not be entitled to receive any refund or credit reimbursement in relation to any Service where the provision of such Service is restricted because of:
8.5.1 your absence;
8.5.2 insufficient or variable network connectivity;
8.5.3 a negligent act or omission by you; or
8.5.4 through no fault of ours.
8.6 Important – other than as set out in these Terms, you cannot return any Medicines – this is for safety reasons. If you have any unwanted or unused Medicines, you can take them to a local pharmacy and they will dispose of the Medicine safely.
8.7 Subject to clause 8.6, if you would like to return a product, you must contact us within 14 days of your order being delivered and complete the refund request form provided by the customer support team. Once this form has been completed and sent back to the customer service team, we will review your refund request within 14 days. If accepted, we will either refund the price of the product and any applicable delivery charges only or issue a credit reimbursement to your patient account. The prescription fee and handling fee for that Service will not be refunded. If you contact us after the 14 day returns period, you will not be entitled to any refund or credit reimbursement.
8.8 If, for any reason, we suspect malpractice or fraudulent refund activity, we reserve the right to close your account.
8.9 Subject to clause 8.6, if you wish to return a product, you must contact the customer service team prior to returning by emailing help@ukmeds.co.uk to discuss your order and return. If your order is returned at your own cost without notifying the customer service team beforehand, we will be unable to process your refund or credit reimbursement request.
8.10 If your chosen delivery address is not a home or secure work address, e.g. a hotel, or if parcels are diverted at the request of the customer, then this is at your own risk. You will not be entitled to a refund, credit reimbursement or replacement if your order is correctly delivered to that address.
8.11 If the carrier’s tracking GPS evidences that your order was delivered to the correct delivery location, you will not be entitled to a refund, credit reimbursement or replacement on the grounds of non-delivery.
8.12 If the carrier has your signed signature as proof of delivery, you will not be entitled to a refund, credit reimbursement or replacement.
8.13 If your order is not received due to an admitted error with the carrier, you will be entitled a refund, credit reimbursement or replacement.
8.14 Subject to clause 8.6, you are not entitled to a refund, credit reimbursement or replacement of a Medicine if the reason for your request is that your diagnosis has changed, meaning your order for such prescribed Medicine is no longer needed or required.
8.15 If you are not present (i.e. not at home) to accept your parcel within the 1hr time slot given by the carrier, and have left no safe place for the carrier to leave your parcel, you are not entitled to a refund, credit reimbursement or replacement on the grounds of non-delivery.
8.16 Parcels which are delivered during your 1hr time slot at your chosen safe place, are left at your own risk and you will not be entitled to a refund, credit reimbursement or replacement on the grounds of non-delivery. This includes parcels which are diverted to Parcel Shops or collection points.
8.17 All products are not brand specific, unless stated in either the title or description. Images used are for illustrative purposes only and unless stated, do not dictate the brand you will receive. You are not entitled to a refund, credit reimbursement or replacement if the brand you receive was not desired or if you selected an incorrect medication. This includes if you incorrectly selected a generic medication, when a branded version was required, and vice versa.
8.18 If you request for your parcel to be returned to sender or if you refuse the parcel upon delivery, you are not entitled to a refund.
Missing / Damaged / Dispensing Error
8.19 If an order arrives damaged, with parts of your order missing or if a dispensing error has been made, you must contact us within 14 days of your recorded delivery to organise a refund, credit reimbursement or replacement.
Lost / Undelivered parcels
8.20 If your parcel is marked as delivered but you have not received your order, you must contact us within 14 days of the recorded delivery date.
8.21 If your parcel has had no tracking update within the last 5 days, you must contact us in order to raise an investigation with the carrier. Investigations with carriers can take up to 7 days, so please allow this time for us to try and locate the whereabouts of your parcel.
8.22 You are not entitled to a refund, credit reimbursement or replacement until an investigation has been completed and the carrier has confirmed that the parcel has been lost.
Right of withdrawal
8.23 You have a statutory right to withdraw from an agreement concluded with the Company within 14 days, without giving reasons. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the medication requested.
8.24 Subject to clause 8.6, in the case of a valid withdrawal with regard to Services and/or Products provided, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement (whether by refund or credit reimbursement) without undue delay, and not later than:
8.24.1 14 days after the day we receive back from you any goods supplied by the Pharmacy; or
8.24.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
8.24.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
8.25 Subject to cause 8.6, you shall return the goods (without prejudice to the fact that they have been sold and supplied by the Pharmacy) without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8.26 To exercise the right of withdrawal, please send us an unambiguous statement (by email) in which you notify us of your decision to withdraw from the agreement, within the withdrawal period. You can, but are not obliged to, use the model text below for such notification.
“I hereby inform you that I am withdrawing from the agreement regarding (the booking of) the Prescriber consultation, concluded on [date].
Name consumer:
Address consumer:
Order number:
I am aware that I can no longer exercise my right of withdrawal if the service has already been fully performed. The time of receipt of the statement of withdrawal by UK Meds Direct Limited shall be decisive.”
Exclusions
8.27 The right of withdrawal does not apply to Services which are provided immediately with your consent, such as the Service performed by the Company or the Prescriber. By placing and paying for an order, you explicitly consent to the immediate performance of the Services provided by the Company and the immediate performance of the Prescriber. You waive your statutory reflection period and right of withdrawal as soon as the Company and/or the Prescriber has fully performed the Service. Any medication which is prescribed by the Prescriber is tailored to your personal (medical) situation and your personal need. Therefore, the issued prescription is excluded from the right of withdrawal.
8.28 In accordance with clause 8.6, the right of withdrawal does not exist for sealed medicinal Products, which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
9. Cancellation by us
9.1 We may from time to time have to cancel a Service before the provision of such Service has commenced, due to any one of the following:
9.1.1 an Event Outside Our Control, as defined in clause 17; or
9.1.2 the unavailability of any Associate or Medicine, without which we are unable to provide the Service.
9.2 In the event that any 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 a Service pursuant to clause 9.1 and you have paid in advance but the Medicine or Service has not yet been provided to you, we will provide you with, at your option, either a full refund or credit reimbursement.
9.4 We may cancel a Service request 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, misleading or incorrect information, we may suspend the provision of the Services or the supply of a Medicine 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 or credit reimbursement in such circumstances.
10. Unacceptable Use
10.1 We reserve the right to deny you access to our site, or terminate the provision of a Service, 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 you have been abusive or have behaved in an inappropriate manner towards any Associate or any employee or agent of ours, 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 purchasing Medicines excessively, as determined in our reasonable opinion.
11. We may suspend or withdraw our site
11.1 Our site is made available to you free of charge.
11.2 We do not guarantee that our 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 our site for business and/or operational reasons. We will try to give you reasonable notice of any such suspension, withdrawal or restriction.
11.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, including those of the Associates at Parts 2 and 3 of these Terms, and that they comply with them.
Delivery of Medicines
12.1 Medicines will be delivered directly to an address of your choosing. We will inform you of any delivery costs at the time you indicate that you wish to purchase a Medicine and the expected date and time for delivery.
12.2 Medicines will be charged per item prescribed at the price stated on our site at the time of dispensing.
13. Display and availability of Medicines
13.1 Although we make reasonable efforts to update the information on our site, including descriptions of any Medicine or Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
13.2 The images on our site are for illustrative purposes only.
13.3 Medicines may vary from the images on our site and we accept no responsibility for any reliance that you may place on the accuracy of the images used on our site.
13.4 The packaging for the Medicines may vary from time to time to that shown on images on our site.
13.5 All Medicines shown on our site remain at all times subject to availability. If during a consultation with a Prescriber, you indicate a preferred treatment or a treatment that you have used previously and successfully for the management of your condition, you will be offered a treatment which you and the Prescriber will jointly consider. However, you acknowledge and agree that the final decision as to the Medicine to be offered to you will always be the Prescriber’s.
14. Price of Medicines and Services
14.1 The prices of the Medicines and the Services will be as indicated on our site, and shall include the fees payable to the Prescriber and the Pharmacy. We take all reasonable care to ensure that the prices of the Medicines and the Services are correct at the time when the relevant information was entered onto our site.
14.2 Prices for the Medicines or the Services may change from time to time but changes will not affect any Medicine that a Prescriber has prescribed for you during a consultation.
14.3 The price of a Medicine or a Service includes VAT (where applicable) at the applicable current rate chargeable in the UK.
14.4 The price of a Medicine does not include delivery charges, which shall be as stated on our site before you submit your request for a Medicine.
14.5 Our site contains a large number of Medicines. It is always possible that, despite our best efforts, some of these Medicines may be incorrectly priced. We will normally check our prices as part of the dispatch procedures so that:
14.5.1 where the Medicine’s correct price is lower than the price stated on our site, we will charge the lower amount when providing such Medicine to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide such Medicine to you at the incorrect (lower) price; and
14.5.2 if the Medicine’s correct price is higher than the price stated on our site, we will notify you as soon as possible to inform you of this error and we will give you the option of continuing with purchasing the Medicine at the correct price or cancelling the purchase of the Medicine. We will not process your request until we have received your instructions.
15. Making payment
15.1 Payment for all Medicines, Services and delivery charges must be made in full at the time you confirm acceptance to purchase the Medicine pursuant to the issuing of a Prescription. In making the Medicines and the Services available to you on our site, you acknowledge that we are acting as agent for and on behalf of the Associates and are authorised to enter into contracts for the provision of the Services, the sale and delivery of Medicines and collect payments for the same for and on their behalf.
15.2 Payment can be made by electronic bank transfer, debit or credit card, Apple Pay, PayPal, Klarna or Google Pay.
15.3 You are responsible for providing valid payment details. We reserve the right not to provide Medicines or Services 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 chosen payment method is not being used without your consent, we will validate name, address and other personal information supplied by you against appropriate third party databases. By accepting these Terms, you consent to such checks being made. In performing these checks, personal information that you have provided when you register with our site 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 current and applicable data protection legislation.
16. Our liability to you
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 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 any Medicine or Service.
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 any Medicine or Service shall be limited to the amount paid by you in respect of such Medicine or Service.
16.4 Our 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 our site or any notification 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.
16.8 We only facilitate access to Medicines and Services for your personal use. You agree not to use the Medicines or Services 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 Medicines or Services otherwise than in accordance with these Terms.
16.9 Medicines are supplied further to a consultation with a Prescriber in accordance with information you provide to us and to our Associates through online clinical questionnaires that are made available on our site. We are not liable for any loss or damage from your use of any Medicine or receipt of any Service if you supply incorrect, misleading or incomplete information.
16.10 We are not liable for loss or damage, which arises from your failure to inform your GP or other healthcare professional about any Medicines or Services which you request from our site.
16.11 We are not liable for any loss or damage, which results from your failure to follow advice given on our site.
16.12 You accept that the advice provided through our site does not replace the advice provided to you by your GP or other healthcare professional and that you should consult with your GP or other healthcare professionals on the Medicines and/or Services which are supplied through or accessed from our site.
17. Events Outside Our Control
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, pandemic 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 a Medicine to you, we will arrange a new collection or delivery date with you after the Event Outside Our Control has expired.
17.4 You may cancel a Service if an Event Outside Our Control persists for a period of not less than 7 (seven) days. To cancel a Service, you must notify us in writing, subject to clause 2.2.
17.5 We may cancel a Service if an Event Outside Our Control persists for a period of not less than 28 (twenty-eight) days.
18. Your obligations
Important: If you provide false, inaccurate, incomplete or misleading information at any time when using our site or interacting with any Prescriber, you acknowledge that it is possible that a Prescription may be issued, which would not have otherwise been issued, based on the false, inaccurate or misleading 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, incomplete or misleading information at any time. To do so is a breach of these Terms.
18.1 By accepting these Terms, you agree that:
18.1.1 all information which you provide to us and to our Associates will be a fair and accurate reflection and you will not omit anything of material importance;
18.1.2 if 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, the Prescriber or the Pharmacy promptly;
18.1.3 you will ensure that you comply wherever possible with all instructions, advice and treatment provided to you by the Prescriber or the Pharmacy;
18.1.4 you will inform your GP or other healthcare professionals about the Medicines that have been supplied and advice given to you through our site;
18.1.5 if, through your use of our 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 any Prescriber or the Pharmacy in relation to any Medicine;
18.1.7 you will report any side effects of any Medicine 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 our site nor will you provide information in response to an online clinical assessment on behalf of any other person nor represent yourself to be any other person; and
18.1.9 you will not register or attempt to register with our site more than once.
19. Intellectual Property
19.1 Any content used by us on our 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 our 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 our 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 our 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 our site is our sole and exclusive property. Any software used on our site is our property or our software suppliers and is subject to protection by copyright and other intellectual property rights.
20. Trade Marks
UK MEDS® is a trade mark of the Company.
21. International Use
21.1 Our site may be accessed from outside of the United Kingdom. However, our site must not be used under any circumstances where the law of any other jurisdiction would govern the use of our site.
21.2 We cannot guarantee that any Materials on our 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.
21.3 Accessing our 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 even arising from your use of our site from locations outside the United Kingdom.
22. Disputes
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.
23. Other important terms
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. Your Consumer Rights
24.1 Consumers have legal rights in relation to the Medicines 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 Your receipt of Services will be governed by the Associate’s additional terms and conditions, which are set out in Parts 2 and 3 of these Terms.
25. Complaints
25.1 If you wish to make a complaint about our site, please contact us in the first instance so that we may seek to resolve your complaint.
25.1.1 By email: help@ukmeds.co.uk; or
25.1.2 By phone: + 44 (0)115 907 0050.
25.2 We will direct any complaints regarding the prescribing of your Medicines to the relevant Prescriber, as notified to you in accordance with clause 1.3.
25.3 We will direct any complaints regarding the dispensing of your Medicines to the relevant Pharmacy, as notified to you in accordance with clause 1.3.
Part 2 – Prescriber Services terms and conditions
The Prescriber Services will be provided by any one of a number of Prescribers, who on each occasion that you access the site will be identified and notified to you in accordance with clause 1.3 of Part 1 of these Terms. Each Prescriber is contractually bound by the terms and conditions in this Part 2 of the Terms.
By accessing 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 these Terms.
If you do not agree to the additional terms and conditions set out in this Part 2 of these Terms, you must not access the Prescriber Services.
If you do agree to the additional terms and conditions set out in this Part 2 of these Terms, your attention is drawn to clause 7 below (Our liability to you)
1. Professional standards
The Prescriber Services include reviewing the clinical questionnaire, undertaking consultations 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 Medicines 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.
2. Registration
2.1 By registering to access the Prescriber Services, you:
2.1.1 confirm that the information you provide through the site is accurate and complete;
2.1.2 agree to keep your username and password confidential and to take reasonable steps to protect and not to share the login details for your online patient record with anyone; and
2.1.3 confirm that you are aged 18 or over.
3. Our commitment to you
3.1 We hereby undertake:
3.1.1 to take professional responsibility for each patient who accesses the Prescriber Services to the same extent as such prescriber would have responsibility when meeting a patient face to face;
3.1.2 to provide a professional and transparent service that complies with all applicable guidelines issued by our regulatory body on remote prescribing and clinical best practice;
3.1.3 to provide the name and professional registration number of the Prescriber when issuing Prescriptions, prescribing the Medicines and communicating with patients;
3.1.4 to prescribe Medicines only when in our professional judgement it is in the patient’s best interests to receive the Medicine and, accordingly, to not issue a Medicine when we believe it is not in the patient’s best interests to receive the Medicine without the benefit of a face to face consultation; and
3.1.5 to take all reasonable steps to protect patients’ personal information as described in Part 1 of these Terms and the Privacy and Cookies Policy.
4. Your commitments when using the Prescriber Services
4.1 As the patient, you commit:
4.1.1 to answer all questions truthfully, accurately and fully;
4.1.2 not to register on the site more than once;
4.1.3 not to register or complete clinical questionnaires or undertake consultations on behalf of anyone other than yourself;
4.1.4 to comply with any instructions given for each Medicine. In the event that you are uncertain as to how to take any Medicine, you will contact the site and not use the Medicine until you have sufficient information from us and understand the correct instructions;
4.1.5 to accept our decision when we determine that it is not in your best interests to issue a Prescription without the benefit of a face to face consultation;
4.1.6 to notify your doctor regarding your purchase of the Medicine. We will always offer to notify your doctor of any Medicines that we have prescribed, but if you decline our offer, it is your responsibility to notify your doctor. If you decide not to notify your doctor, it is important that you keep a record of the Medicines. However, please note that in an emergency situation, we may need to contact your doctor or other healthcare professional, social services or the emergency services without your consent, even where you have declined any of our offers to contact your doctor;
4.1.7 to ensure that no-one other than yourself has access to any of your Medicines;
4.1.8 to ensure that any Medicines are not used beyond their expiry date; and
4.1.9 to inform us via the site if you experience any side effects from any Medicine or if you think that any Medicine has not been effective.
5. Information and advice
The information and advice provided by us when you access the Prescriber Service is based on the information you have supplied in response to the clinical questionnaire and during any consultation with us. 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 Medicines we prescribe for you and, as such, may have consequences for which we are not responsible.
6. Authorisation of Medicines
We can only make a decision as to whether it is in your best interests to receive a Medicine when we have all relevant information. On occasion, this may require us to ask you for additional information further to the information that you provided in response to the clinical questionnaire or during a consultation.
7. Our liability to you
7.1 YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
7.2 We (the Prescriber) accept full clinical responsibility to all of our patients to the fullest extent that the law requires for our performance of the Prescriber Services.
7.3 We will not be liable for any loss or damage (in contract negligence or otherwise) where:
7.3.1 there is no breach of a legal duty of care owed to you by us;
7.3.2 the loss or damage is not a reasonably foreseeable result of any such breach; or
7.3.3 any loss or damage or increased risk of loss or damage results from a breach by you of these Terms.
7.4 In particular, we are not responsible for:
7.4.1 loss or damage caused by you providing inaccurate or incomplete information;
7.4.2 loss of your emotional well-being including, but not limited to, any embarrassment caused;
7.4.3 loss of income or anticipated profits;
7.4.4 loss of opportunity;
7.4.5 loss of goodwill or injury to reputation;
7.4.6 losses suffered by third parties; or
7.4.7 any indirect, consequential, special or exemplary damages arising from the use of the Prescriber Service regardless of the form of action.
7.5 Nothing in this Part 2 of these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
7.6 Nothing in these Terms affects your statutory rights.
Part 3 – Pharmacy Services terms and conditions
The Pharmacy Services will be provided by any one of a number of Pharmacies, who on each occasion that you access the site will be identified and notified to you in accordance with clause 1.3 of Part 1 of these Terms. Each Pharmacy is contractually bound by the terms and conditions in this Part 3 of the Terms.
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 access the Pharmacy Services.
If you do agree to the additional terms and conditions set out in this Part 3 of the Terms, your attention is drawn to clause 4 below (Our liability to you)
1. Professional Standards
1.1 The Pharmacy Services include receiving, dispensing, checking and delivering Medicines, which have been issued pursuant to a Prescription. The Pharmacy Services are provided by qualified pharmacy professionals, who are employed or engaged by us.
1.2 All registered pharmacy professionals are bound by codes of professional ethics and conduct. You can access the professional conduct rules that are applicable to UK registered pharmacies and pharmacy professionals by visiting the General Pharmaceutical Council (GPhC) at www.pharmacyregulation.org
2. Our commitment to you
2.1 We hereby undertake :
2.1.1 to take professional responsibility for each patient who accesses the Pharmacy Services to the same extent as a pharmacy professional would have responsibility when meeting a patient face to face;
2.1.2 to provide a professional and transparent service that complies with all applicable guidelines issued by the GPhC (or, where relevant, equivalent national regulator);
2.1.3 to dispense Medicines only when in our professional judgement it is in your best interests to receive the Medicine and, accordingly, to refuse to dispense a Prescription when we believe it is not in your best interests to receive the Medicine without the benefit of a face to face consultation; and
2.1.4 to take all reasonable steps to protect your personal information as described in Part 1 of these Terms and the Privacy and Cookies Policy.
3. Your commitments when accessing the Pharmacy Services
3.1 As the patient, you commit:
3.1.1 to answer all questions truthfully, accurately and fully;
3.1.2 not to register on the site more than once;
3.1.3 not to register or complete clinical questionnaires or undertake any consultation on behalf of anyone other than yourself;
3.1.4 to comply with any instructions given for each Medicines. In the event that you are uncertain as to how to take any Medicine, you will contact the site and not use the Medicine until you have sufficient information from us and understand the correct instructions;
3.1.5 to accept our decision when we determine that it is not in your best interests to dispense a Prescription for you without the benefit of a face to face consultation;
3.1.6 to notify your doctor/GP regarding the Medicine;
3.1.7 to ensure that no-one other than yourself has access to any Medicine;
3.1.8 to ensure that any Medicines are not used beyond their expiry date; and
3.1.9 to inform us via the site if you experience any side effects from any Medicine or if you think that any Medicine has not been effective.
4. Our liability to you
4.1 YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
4.2 We (the Pharmacy) accept full responsibility to you to the fullest extent that the law requires for our performance of the Pharmacy Services.
4.3 We will not be liable for any loss or damage (in contract negligence or otherwise) where:
4.3.1 there is no breach of a legal duty of care owed to you by us;
4.3.2 the loss or damage is not a reasonably foreseeable result of any such breach; or
4.3.3 any loss or damage or increased risk of loss or damage results from a breach by you of these Terms.
4.4 In particular, we are not responsible for:
4.4.1 loss or damage caused by you providing inaccurate or incomplete information;
4.4.2 loss of your emotional well-being including, but not limited to, any embarrassment caused;
4.4.3 loss of income or anticipated profits;
4.4.4 loss of opportunity;
4.4.5 loss of goodwill or injury to reputation;
4.4.6 losses suffered by third parties; or
4.4.7 any indirect, consequential, special or exemplary damages arising from the use of the Pharmacy Service regardless of the form of action.
4.5 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
4.6 Nothing in these Terms affects your statutory rights.
4.7 Our maximum liability to you for our failure to dispense a Medicine that we are legally bound to fulfil will be limited to the price paid by you for that Medicine.
5. Binding agreement
No request to dispense a Prescription will be binding on us until you have received confirmation from the site. Our professional codes of conduct and legal restrictions may limit the number of Medicines that we are permitted to dispense for you and, as such, we have no obligation to dispense quantities exceeding the relevant permitted maximum and you will be charged only for those that we do dispense. We reserve the right to reject any request to dispense a Prescription.
6. Cancellation rights
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 contact the site. If we have already started to provide the Pharmacy Service, you will have no rights to cancel the Prescription.
7. Verification of Prescription
When we receive a Prescription, we will verify it against the information that you have provided to the site at the time you registered on the site or accessed the Service. In the event that the information on the Prescription does not match with the information on our records, we or the site may try to contact you using the information that you provided in your registration for the site.
8. Non-Availability/Suitability of Medicines
If any of the items on your Prescription are unavailable or are not suitable for dispensing through the Pharmacy Service, we or the site will try to contact you using the information in your registration.
9. Notification of errors
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 contact the site and you should not take or use any of the items.
10. Warning
You must check all items dispensed to you and should not take any Medicines 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.
11. Payment, credits and refunds
11.1 In providing payment card details to the site, you confirm that you are authorised to use the card and authorise UK Meds Direct 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.
11.2 Refunds, if applicable, will only be made by the site using the card originally used for payment. If instead of a refund, you elect for a credit reimbursement, such credit will be made to your patient account.
11.3 Unfortunately, you cannot return Medicines unless they are damaged or faulty, 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 Medicines that you have opened, unless you are returning them because they are damaged or faulty.