The following terms and conditions explain how you may use this Website, www.onlineclinic.co.uk, and all associated web pages (the Site). Please read the following terms and conditions carefully before you use and buy anything on our Site.
Please note that these terms and conditions may be varied from time to time, and by accessing and using this Site or otherwise indicating your consent, you acknowledge, accept and agree to be bound by these terms and conditions, and the documents referred to in them. If you do not agree with or accept any of these terms, you should stop using the Site immediately.
The details of this Agreement will not be filed with any relevant authority by us.
|Content||Means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site.|
|Unwanted Submission||Has the meaning given to it in clause 6.1.|
|Terms and conditions of supply||Means the terms and conditions which will apply to you ordering goods using the Site.|
|We, us or our||Means Hexpress Healthcare Ltd. References to us in these terms also includes our group companies from time to time.|
|You or your||Means the person accessing or using the Site, its Content, our Products and Services.|
In this Agreement, a reference to:
1.1 A statutory provision includes a reference to the statutory provision as modified or re enacted or both from time to time whether before or after the date of this Agreement and any subordinate legislation made under the statutory provision whether before or after the date of this Agreement;
1.2 A document is a reference to that document as modified or replaced from time to time;
1.3 The singular includes the plural and vice versa (unless the context otherwise requires);
1.4 A clause or schedule, unless the context otherwise requires, is a reference to a clause of or schedule to this Agreement; and
1.5 The words "other", "includes", "including", "for example" and "in particular" shall not limit the generality of any preceding words and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.
2.1 The Site is for your personal and non-commercial use only.
2.2 If you buy goods on our Site you agree to be legally bound by:
2.2.1 Our Terms and Conditions and any documents referred to in them;
2.2.2 Extra terms which may add to, or replace some of, this contract (this may happen for legal, regulatory or security reasons); and
2.2.3 Specific terms which apply to certain goods.
2.3 You agree that you are solely responsible for:
2.3.1 All costs and expenses you may incur in relation to your use of the Site; and
2.3.2 Keeping your password and other account details confidential.
2.4 If you access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2.5 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at firstname.lastname@example.org.
2.6 We may prevent or suspend your access to the Site if you do not comply with any part of these Website terms and conditions, any terms or policies to which they refer or any applicable law.
This Agreement sets out your legal rights and responsibilities, our legal rights and responsibilities, and key information required to be provided under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and the Electronic Commerce Regulations 2002. In this Agreement:
3.2 Our company details
3.3 Regulatory organisations
We are registered with and regulated by the following organisations:
3.4 Prescription and supply of medication
3.4.1 We undertake to provide you with access to an online consultation with a qualified EU-registered medical practitioner ('Doctor') to diagnose and treat your medical condition.
3.4.2 Such consultation and treatment are subject to the terms and conditions of this Agreement.
3.4.3 We believe that it is in your best interests that we inform your General Practitioner (GP) about this consultation. Without your consent, we will not be able to do so and our Doctor will take full responsibility for your care and aftercare whilst you are a client of our private service.
3.4.4 All prescribed medicines will by dispensed by a UK-registered pharmacist, pursuant to a prescription issued by the Doctor. Full details of both the Doctor and pharmacy used for your treatment are available on our webpage.
3.5.1 Warranties by You
3.5.2 Warranties by Us
3.6 Description of medication
The description of the medication is subject to prescription.
The price for treatment is subject to prescription.
3.8 Ordering goods from Us
3.8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as 'statutory rights'), for example, the goods:
3.8.2 We must provide you with goods that comply with your legal rights.
3.8.3 If you are under the age of 18 you may not buy any goods from the site.
3.8.4 You place an order on the Site by completing and submitting an online medical questionnaire which is reviewed and assessed by a Doctor. The Doctor may then issue a prescription which is dispensed by our pharmacist. Please read and check your order carefully before submitting it.
3.8.5 When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.8.6 We may contact you to say that we do not accept your order. This might be in reason of but not limited to the following reasons:
3.8.7 We will only accept your order when we email you to confirm this (Dispatch Confirmation Email). At this point:
3.8.8 If we cannot supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case we will let you know if we intend to do this but this may not always be possible. You can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
3.8.9 The packaging of the goods may be different from that shown on the Site.
3.8.10 Nothing in this Agreement affects your legal rights under the various relevant Acts.
3.9.1 We accept the following debit and credit cards: Visa, Visa Electron and MasterCard. We also accept cheques which must be made payable to Hexpress Healthcare Ltd.
3.9.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
3.9.3 Your credit card or debit card will only be charged when the goods are dispatched.
3.9.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.
3.9.5 The price of the goods:
3.9.6 If your payment is not received by us and you have already received the goods, you must pay for such goods within 30 days.
3.9.7 Nothing in this clause affects your legal rights to cancel the contract during the 'cooling off' period under Clause 3.10.13.
3.10 Delivery and Refund
3.10.1 We use Royal Mail Special Delivery service or UPS to deliver our goods.
3.10.2 We do not charge extra for special delivery. For further information on delivery options, click here.
3.10.3 The estimated date and time window for delivery of the goods is set out in the Confirmation Email.
3.10.4 We will let you have a revised estimated date for delivery of the goods if something happens which is outside of our control and affects the estimated date of delivery.
3.10.5 Delivery of the goods will take place when we deliver them to the address that you gave to us.
3.10.6 We cannot deliver the goods if we are unable to properly identify you. Please provide the delivery representative with a form of ID (passport or photocard driving licence).
3.10.7 If you are not home to receive and sign for your delivery, a calling card will be left by the delivery representative which will provide details of where you can collect the order from. You can elect to have your delivery sent to your workplace or to any other address.
3.10.8 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will let you know; cancel your order; and give you a refund.
3.10.9 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
3.10.10 Once a package is shipped, you are bound by the terms and conditions of use of our shipping agents or representatives.
3.10.11 You are responsible for the goods when delivery has taken place. The risk in the goods passes to you when you take possession of the goods.
Right to cancel and Refund
3.10.12 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – Part 3 - Right to cancel – Regulation 28 specifies exceptions to the right to cancel:
28. - (1) This Part does not apply as regards the following
(3) The rights conferred by this Part cease to be available in the following circumstances—
(a) In the case of a contract for the supply of sealed goods which are not suitable for return due to health protection…
3.10.13 In light of the above and in view of the type of product and service offered on our Site, this exception applies and you have no right to cancel. We are however exercising our discretion and giving patients the right to cancel their order up to the point when their treatment is dispatched. The pharmacist must destroy any medication within 60 days of it being returned, even un-opened boxes, so we are not able to offer refunds once the treatment has been dispatched.
3.10.14 If you cancel this contract prior to the point of dispatch, we will reimburse to you all payments received from you.
3.10.15 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
3.10.16 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.
3.10.17 If this contract is ended it will not affect our right to receive any money that you owe to us under this contract.
4.1 We own this Site and all Intellectual Property Rights in it including but not limited to any Content. Intellectual Property Rights mean rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other Intellectual Property Rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and free to use them as we see fit.
4.2 All material contained and presented on this Site, including but not limited to text and graphics is our copyright or similar rights, unless otherwise expressly stated. We reserve all its rights and strictly forbid any unauthorised use or duplication. Any statutorily authorised rights to print or download are strictly limited for your sole personal use. No material, however, can be used for any commercial purpose whatsoever.
4.3 The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission. Any copies of the pages of this Site which you save, by any means whatsoever can only be used for subsequent viewing purposes or to print extracts for personal use. Unless otherwise expressly permitted in writing, you may not create a database in any form whatsoever of these webpages.
4.4 You agree not to adjust, to try to circumvent, or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
4.5 Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site.
5.1 Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an 'end user licence agreement' or 'EULA'). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider's legal responsibilities are, and provisions that limit a software provider's legal responsibilities to you).
5.2 All such software is solely for your personal use in a non-commercial manner.
5.3 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and conditions and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
6.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
6.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
6.3 We may disclose your information to a third party as part of a sale or initial public offering of the assets of Hexpress Healthcare Ltd or any subsidiary, division or affiliate of Hexpress Healthcare Ltd, or as the result of a change in control of Hexpress Healthcare Ltd or any one of its affiliates, subsidiaries or divisions, or in preparation for any of these events. Any third party to which Hexpress Healthcare Ltd transfers or sells assets to will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Agreement.
6.4 By using this website and giving your information to us, you indicate consent to us, our group and third parties collecting and using your personal information in accordance with the terms set out in this Agreement.
6.5 We will only use the information that we collect about you lawfully and in accordance with the relevant Acts.
7.1 We do not represent nor make any warranty in respect of the accuracy, reliability or continuous supply of any of the information on this Site. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
7.2 We may suspend or terminate operation of the Site at any time as we see fit.
7.3 Any Content is provided for your general information purposes only and to inform you about us, our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
7.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
9.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
9.1.1 Losses that:
9.1.2 Business losses; and
9.1.3 Losses to non-consumers.
9.2 Any reliance you place upon any material on this Site will be at your sole risk. We reserve the right in our sole discretion, but without any obligation, to make amendments or improvements to, or withdraw or correct any error or omission in any portion of the material without notice.
9.3 Our services and information do not constitute any form of advice or recommendation by us and are not intended to be relied upon by you in making any specific medical or other decision. Appropriate independent medical advice should be obtained before making any such decision.
9.4 Our services and the materials on this Site are provided by us on an "as is" basis, and we expressly disclaim any and all warranties (subject to clause 3.5.2 above), express or implied, to the extent permitted by applicable law.
9.5 To the fullest extent permitted by applicable laws, we hereby exclude liability for any claims, loss, demands or damages of any kind whatsoever with respect to our services, information and materials given by us including, without limitation, direct, indirect, incidental or consequential loss or damages, The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise.
9.6 Your visit to and use of this Site and any dispute over liability is subject to these disclaimers under this Clause 9 and the laws of England and Wales.
10.1 We are committed to protecting and respecting your privacy and to using technology to enhance your online security. Before you use certain areas of this Site, we ask you to register on it by requiring you to enter your personal information, including 'sensitive personal data' as defined by the Data Protection Act I998 ('the Act'). We will not release to any third party any personally identifying information obtained in this way, without your prior consent. We will only use the information that we collect about you lawfully and in accordance with the Act.
10.2 In respect of the aforementioned 'sensitive personal data' by accepting this Agreement, you grant us explicit consent to collect and release such data to select parties including third parties.
10.3 We will limit the collection and use of such information to the minimum required to deliver, develop and improve our services and other opportunities and the better administration of the Doctor's consultation.
10.4 The personal information that we hold will be held securely in accordance with our internal security policy and the law.
10.5 To make sure your personal information remains confidential, we communicate these privacy guidelines to all of our employees.
10.7 For credit card payments, we use a secure SSL/256 bit encryption.
10.8 Cookies are used on this Site for purposes of improving quality.
10.9 In accordance with the Privacy & Electronic Communications Act passed into law on 11 December 2003, we do not send random (third party) marketing emails to personal email addresses (spam).
10.11 Your visit to and use of this Site and any dispute over privacy is subject to this Privacy Statement and the laws of England and Wales.
We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, or flood, fire, explosion or accident.
No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
13.1 We will try to resolve any disputes with you quickly and efficiently using our internal complaint handling procedure.
13.2 Please contact us as soon as possible if you are unhappy with:
13.2.1 The goods;
13.2.2 Our service to you; and
13.2.3 Any other matter.
No one other than a party to this contract has any right to enforce any term of this contract.
This contract is governed by the laws of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.
Last updated 25th November 2015.