Information about us
We are HR Healthcare Ltd t/a Treated, a company registered in England and Wales with company number 06790962 and our registered office at Unit 18 Waters Meeting, Britannia Way, Bolton, United Kingdom, BL2 2HH (“Operator”, “we” or “us”). We are responsible for operating the Site.
We enter into arms-length contracts with third party healthcare professionals (individually, the “Provider” and collectively, the “Providers”) in respect of the provision of online telehealth medical consultations, the issuing of private prescriptions and the supply and despatch of medicinal products, and secure messaging between them and service users.
DEFINITIONS AND INTERPRETATION
“Services” means the medical and pharmaceutical (clinical) services, as the case may be, (which are provided by the Providers) and the non-clinical services (which are provided by Operator), which are provided in each case via the Site.
“Provider“ or “Providers“ means: (i) registered doctors, which provide medical Services; and (ii) registered pharmacies, which provide pharmaceutical Services and supply and despatch Products. Each Provider acts independently of Operator pursuant to a contract for Services that it has entered into with Operator. Please note that Providers are responsible for providing the medical and pharmaceutical Services that are accessible via the Site. Operator acts as a facilitator of access to such Providers, who for the avoidance of doubt, are not employees of Operator.
“you“ and “your“ means you, your dependents if any, and any other person accessing your Operator account (the “Patient Account“).
The words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; the word “or” is not exclusive; and the words “herein,” “hereof,” “hereby,” and “hereunder” refer to these Terms as a whole.
ACCESS TO THE SITE
Please read these Terms carefully and make sure that you understand them. If you wish to access the Products or Services via the Site, you will be asked to agree to these Terms. If you do not accept these Terms, you will not be allowed to access the Products or Services from the Site.
The Products and Services that are accessible via the Site are intended to be accessed by service users who are domiciled in a Member State of the European Union. It is your responsibility to verify whether it is legal for you to access the Products and Services from your Member State.
No users under 18 years old: in order to access the Site, you represent and warrant that you are older than 18 years old and that you have the capacity to enter into a binding agreement which creates legal obligations in accordance with the laws of your Member State.
If you are under the age of 18, please do not attempt to register with the Site or provide any personal information about yourself to us.
Notwithstanding clause 3.5, if we collect personal information from someone who is under the age of 18, we will promptly delete that information.
If you believe that we have collected personal information from someone who is under the age of 18, please Contact Us.
- Operator offers an online communication platform for Providers and service users to connect via the Site through the use of asynchronous telecommunications technologies, video and other communication tools. The Site facilitates communication between Providers and service users.
- Providers deliver medical and pharmaceutical Services via the Site to service users.
- Each Provider is independent of Operator and accesses the Site as a way to communicate with you. Any medical advice which you receive from a Provider via a Service comes from such Provider alone, and not from Operator.
- You acknowledge that your reliance on any advice or information provided by a Provider via the Site and a Service is solely at your own risk and, to the fullest extent allowable by law, you assume responsibility for all associated risks.
- You will be able to access certain Providers based on the information that you submit to the Site.
- You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Operator, or in connection with any communications supported by Operator, is intended to be for general information purposes only. Your interactions with the Providers via the Site are not intended to replace your relationship with your regular qualified healthcare professionals.
No Medical Care or Advice is provided by Operator
- Operator does not provide medical or pharmaceutical (clinical) advice or care. Operator contracts with Providers, who in turn provide you with such clinical advice and care.
- The content on the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute clinical advice, diagnosis, treatment or recommendations of any kind by Operator.
- Providers are independent healthcare professionals who are registered within the scope of their competencies and who are not employed by Operator. The Providers are solely responsible for the quality and appropriateness of the clinical care and advice that they provide to you.
- Neither Operator, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Services or provide a link to the Services, shall be liable for any clinical advice or care that is provided by a Provider via the Site or Services, nor any information obtained on the Site. Operator does not recommend or endorse any specific Providers, tests, doctors, pharmacies, medications, products or procedures.
- Operator does not provide any legal advice or representations in any way regarding any legal issues associated with any advice, information, goods or services offered by a Provider, including but not limited to any compliance obligations or steps necessary to comply with any regulations.
- Operator does not make any representations or warranties about the training or skill of any Provider who delivers Services via the Site.
- While Operator facilitates your selection of, and communications with, Providers, Operator does not provide clinical services, and the doctor-patient relationship is between you and the Provider.
Not for Emergencies
- The Services that are accessible via the Site are not suitable for emergency medical treatment. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR NATIONAL OR LOCAL EMERGENCY NUMBER IMMEDIATELY.
- You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site.
- You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed.
- You should continue to consult with your regular qualified healthcare professional and other healthcare professionals as recommended by them or a Provider.
- Always seek the advice of a doctor or other qualified healthcare professional concerning questions you have regarding a medical condition and before stopping, starting or modifying any treatment.
Risks of Telehealth Services
- By using the Services, you acknowledge the potential risks associated with telehealth services, which include but are not limited to the following:
- information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or healthcare decision making by the Provider;
- delays in evaluation or treatment could occur due to failures of electronic equipment;
- a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; and
- although the electronic systems that we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
- Operator does not endorse any specific medicinal product.
- If a Provider prescribes a medicinal product, he/she will limit its supply based upon relevant national or EU regulations and will only prescribe a medicinal product as determined in his/her own clinical discretion and professional judgement.
- We give no guarantee that a prescription will be issued to you.
- Providers will only prescribe a medicinal product with either an EU or national marketing authorisation for the relevant Member State.
Depending on the national laws and regulations of the relevant Member State where the Provider and you are located, prescriptions will be issued by one of the following methods:
- directly to you by email or otherwise;
- to a Provider pharmacy that is located within your Member State of residence, provided that the prescription can be sent by email or any alternative electronic or other means; or
- to a Provider pharmacy that is located within any other Member State, provided that it is legally allowed to despatch medicinal products to the relevant destination.
- Before placing each order, you will be informed of the prescription supply options that are available in your Member State.
- If you refuse any of the prescription supply options that are outlined in clause 4.5.5, you will not be able to complete your order and you will have to obtain the prescribed medicine by alternative means.
- Providers reserve the right to deny you access to the Services if they consider in their sole clinical discretion that there is actual or potential misuse of the Services.
- You acknowledge and agree that any prescriptions that you acquire from a Provider will be solely for your personal use.
- You agree to fully and carefully read all provided medicinal product information and labels and to contact a doctor or pharmacist if you have any questions regarding the prescription.
Not an Insurance Product
- Operator is not an insurer, the Services are not insurance products, and the amounts that you pay to Operator are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately, or make sure you have access or are eligible to a public health system in your Member State of residence.
AVAILABILITY OF SERVICES
The Site and the Services are only available for service users who are domiciled in a Member State of the European Union. Access to and use of the Site or the Services is limited exclusively to users who are located in a Member State of the European Union where the Services are available.
The Services are not available to service users who are located outside the European Union. Accessing the Site or Services from jurisdictions where the Site content is illegal, or where we do not offer the Services, is prohibited.
You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the European Union or other applicable national laws of a Member State.
ORDERING AND PURCHASING OF SERVICES
- If you purchase a subscription to the Services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by clicking pause in your patient member profile. If you cancel your subscription, your Patient Account will automatically close at the end of your current billing period.
- Operator may change the price for your subscription from time to time and in such circumstances, we will use reasonable endeavours to communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change taking effect.
Typographical Errors and Incorrect Pricing
- In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Services that have been listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your Patient Account has been charged. If your Patient Account has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your Patient Account for the amount of the charge.
- You can purchase Services on the Site. To simplify the user experience on the Site, you are able to pay for your purchases on the Site with Operator serving as a payment processing agent on your behalf.
- If you purchase a Service from one or more Providers, the total price you pay shall comprise the following fees:
- the amount charged by the independent doctor for the medical Service (the doctor fee), which Operator shall collect as agent of the relevant Provider;
- the amount charged by the independent pharmacy for the provision of the pharmaceutical Service and supply and shipping/delivery of the Product (the pharmacy fee), which Operator shall collect as agent of the relevant Provider; and
- the amount charged by Operator for you to use and access the Site and its features via your Patient Account (the platform fee), which Operator shall collect on its own behalf.
- We collect the amounts charged by the pharmacy and the doctor Providers on your behalf and pass such amounts through to them, acting as their agent. Before making a payment to the Site, you will be provided with an itemised invoice listing the following amounts that are payable:
- the doctor fee charged by the doctor Provider for the medical Services;
- the pharmacy fee charged by the pharmacy Provider for the pharmaceutical Services and Products;
- the platform fee charged by Operator; and
- any applicable taxes
- We accept any payment method or system that is authorised within the European Union, including direct debit (please note that there may be a slight delay for the first payment if you choose this payment method), debit and credit cards, and third-party platforms. If a credit card account is being used for a transaction, we may obtain pre-approval for an amount up to the amount of the payment. If you enrol to make recurring payments automatically, all charges and fees will be billed to the Patient Account that you designate during the registration process on the Site. If you want to designate a different payment method or if there is a change affecting your payment method or system (e.g. if you want to change your credit or debit card), you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
- You represent and warrant that, if you are making online payments:
- any payment account information that you supply is true, correct, and complete;
- charges incurred by you will be honoured by the relevant institution;
- you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes; and
- you are the person in whose name the payment method was issued and you are authorised to make a purchase or other transaction with the relevant payment method.
- You will be given the option to add several payment methods to your Patient Account as payment options, with one of these as your default option. If payment from your default option is not authorised or fails, we will automatically attempt to take payment from one of the other payment methods that you have registered with your Patient Account.
Consent for recurring charges
- You agree and authorise the payment method to be billed automatically for the entire visit, according to the published pricing on the Site, which is subject to change at any time. If we are unable to secure funds from your payment method for any reason, including, but not limited to, insufficient funds in the payment account or insufficient or inaccurate information having been provided by you when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law.
- You have the right to revoke this authorisation by logging into your Patient Account and pausing your subscription prior to your next scheduled renewal.
- Our services are 100% self-pay by our patients. By agreeing to these Terms, you acknowledge that whether or not you have health insurance, be it public or private, your insurance may not cover these Services, provided that we do not accept any health insurance.
- It is your responsibility to know your benefits, and how they will apply to your benefit payments, and we take no responsibility to understand, have knowledge of or be bound by the terms and conditions of such insurance.
- By accepting these Terms, you are electing to purchase services that may or may not be covered by your insurance if you obtained those services from a different provider. You have selected services for purchase from us on a self-pay basis. In other words, you have directed us to treat your purchase of these services as if you were an uninsured patient and you agree to be 100% responsible for full payment of the listed price of the Products and Services. You acknowledge that there is no guarantee that your insurance company will make any payment on the cost of the Products or Services that you have purchased via the Site, and you should make any and all verifications in this regard prior to placing your order or making a purchase or subscription.
- We will provide you with the charges, in advance, for the Products or the Services that you have requested. By accepting these Terms, you agree to pay these charges in full as a self-pay patient, electing not to use an insurance policy benefit. You may be given a choice of different Services, along with their costs. You have selected the Services and are willing to accept full financial responsibility for such payment.
Right of withdrawal / cancellation
- Medicinal products are likely to deteriorate or expire rapidly; they cannot be returned, exchanged or refunded. However, 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.
- For Products that are not medicinal products, and further to the provisions of EU Directive 2011/83 of the European Parliament and of the Council of 25 October 2011 on consumer rights, you have the right to cancel any transaction made online within fourteen (14) days of the relevant transaction. You must return any such Products received within fourteen (14) days of receipt, it being noted that any return within fourteen (14) days of the relevant transaction shall be deemed to comply with this requirement. You may in no case return any Product that has been opened, and you shall not be refunded should we or our Partners receive any Product that has been opened. The same shall apply for any Services that have been provided prior to or at the same time as your cancellation.
Shipping the medicines
- All medicines that are advertised on the Site are supplied by an independent pharmacy Provider, which is also responsible for shipping the medicine to you.
ELIGIBILITY, SITE ACCESS, SECURITY AND RESTRICTIONS
You agree to fully, accurately, and truthfully create your Patient Account, including but not limited to your name, mailing address, phone number, email address, and password, which become your Patient Account ID and credentials. The Patient Account ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Patient Account ID or credentials, and for all activities that occur under such Patient Account ID or credentials. You agree to prohibit anyone else from using your Patient Account ID or credentials and agree to immediately notify us of any actual or suspected unauthorised use of your Patient Account ID or credentials or other security concerns of which you become aware.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
- accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access;
- attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or
- accessing or using the Site or any portion thereof without authorisation, in violation of these Terms or applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures that we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.
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.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, and to revoke your access to the Site and your Patient Account if in our reasonable opinion you have failed to comply with any of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at Contact Us.
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically.
You consent to receive communications from us electronically.
You agree that:
- all agreements and consents can be signed electronically; and
- all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
We and the Providers may contact you by telephone, mail or email to verify your account information. We and the Providers may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
CONSENT TO RECEIVE CALLS, TEXT MESSAGES AND VIDEO RECORDING
By providing your mobile number, you are agreeing to be contacted by or on behalf of Operator at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g. progress tracking, reminders etc.) and communications relating to the Site, Product and/or Services. We may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify those Services that you wish to stop. Please note that, by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us, you may not receive important and helpful information and reminders about your Services.
OWNERSHIP OF THE SITE AND RELATED MATERIALS, ADDITIONAL RESTRICTIONS
All pages within the Site and any material that is made available for download are the property of Operator, or its licensors or suppliers, as applicable. The Site is protected by applicable national and international copyright and trade mark laws.
Subject to these Terms and the payment of all applicable fees, we grant you a revocable, non-transferable (except as provided below), personal, non-exclusive licence to use the object code version of the Site.
All rights that are not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers.
Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilise framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of ours without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trade marks without our express written consent.
You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials that are accessed through or made available for use or download through the Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorised or approved in writing by us. You may not frame or utilise framing techniques to enclose, or deep linking to, any name, trade marks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Operator without our express written consent.
ACCURACY OF INFORMATION, FUNCTIONALITY
Although we attempt to ensure the integrity and accurateness of the Site and Service descriptions, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorised additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.
Information contained on the Site may be changed or updated without notice.
Additionally, we shall have no responsibility or liability for information or content that is posted to the Site from any non-Operator affiliated third party.
We reserve complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things.
We are not responsible for transmission errors, corruption or compromise of information carried over local or interchange telecommunications carrier.
We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.
The images of the Products on the Site are for illustrative purposes only.
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.
The packaging for the Products may vary from time to time to that shown on images on the Site.
All Products 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.
LINKS TO OTHER SITES
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, their content or availability. We therefore do not endorse or make any representations about them, or any material 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.
You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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.
You must not establish a link to the Site in any website that is not owned by you.
The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or the Site (the “User Information”), you agree not to provide any User Information that:
- is false, inaccurate, defamatory, abusive, libellous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behaviour;
- violates or infringes the privacy, copyright, trade mark, trade dress, trade secrets, or intellectual property rights of any person or entity; or
- contains or transmits a virus or any other harmful component.
You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication.
You represent and warrant to us and the Providers that you have the legal right and authorisation to provide all User Information to us and the Providers for use as set forth herein and required by us and the relevant Provider.
You agree not to:
- access the Site or use the Services in any unlawful way or for any unlawful purpose;
- post or transmit: (i) a message under a false name; or (ii) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is: (i) libellous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person; or (ii) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or information or facilitate or promote hacking or similar conduct;
- impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
- tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services;
- use robots or scripts with the Site;
- attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site;
- have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting;
- incorrectly identify the sender of any message transmitted to Operator;
- alter the attribution or origin of electronic mail, messages, or posting;
- harvest or collect personal health information about any other individual who uses the Site or the Services; and/or
- infringe or facilitate infringement on any copyright, patent, trade mark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
Warning: If you provide false or misleading information at any time when using the Site, then a Prescription may be issued or a Service may be provided based on such information, which could have severe and potentially life-threatening consequences. By using the 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.
You agree to defend, indemnify, and hold harmless Operator and the Providers from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information that you upload to or transmit through the Site or any breach of this clause 14.
CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and expect service users of the Site to do the same.
We disclaim any responsibility or liability for copyrighted materials posted on the Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
We will respond promptly to notices of alleged infringement that are reported to us.
Notices of Alleged Infringement for Content Made Available on the Site
- If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report any alleged copyright infringements taking place on or through the Site by sending us a notice (a “Copyright Notice”) which complies with the following requirements:
- identify the copyrighted works that you claim have been infringed;
- identify the material or link that you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the site where such material may be found;
- provide your mailing address, telephone number, and, if available, email address;
- include both of the following statements in the body of the Copyright Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law.”
“I hereby state that the information in this Copyright Notice is accurate and, under the relevant legal penalties, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”;
- provide your full legal name and your electronic or physical signature; and
- deliver this Copyright Notice, with all items completed, to us at: Contact Us
With the exception of your electronic medical record, we retain all right, title, and interest in and to the Site, the Services and any information, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trade mark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site which is licensed to us (in that case, the licence provider retains all right, title, and interest therein).
The information that is available through the Site and the Services is the property of Operator. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone.
Use, reproduction, copying, or redistribution of our trade marks, service marks, and logos are strictly prohibited without our prior written permission. The immediately foregoing sentence also applies to any third party trade marks, service marks, and logos that are posted on the Site.
Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any licence or right to use any trade mark, service mark, or logo that is displayed on the Site without the written grant thereof by Operator, or the third party owner of such trade mark, service mark, or logo. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
We may delete any information that you provided to us which we consider in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any copyright, trade mark or other intellectual property or ownership right of any other person or entity.
DISCLAIMER OF WARRANTIES
We do not warrant that access to or use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
The Site, including any content or information contained within it or any site-related service, is provided “as is”, with no representation or warranty of any kind, either express or implied.
You assume total responsibility and risk for your use of the Site, site-related services, and linked websites. You are responsible for implementing procedures that are sufficient to satisfy your needs for data backup and security.
Warranties relating to Products or Services offered, sold, and distributed by us are subject to separate warranty terms and conditions, if any, provided by us or third parties with or in connection with the applicable Products or Services.
We do not guarantee that through use of the Services any prescriptions will be written for you. You acknowledge and understand that the use or misuse of the Products that are obtained through the Site may result in undesirable or unexpected consequences.
LIMITATION OF LIABILITY REGARDING USE OF SITE
IMPORTANT - YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
Except as provided by law, and without limitation:
- we do not accept any liability for the consequences arising from the application, use, or misuse of any Products or Services contained on or made available through the Site, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the Products; and
- we shall not be liable for the acts or omissions of the Providers.
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 will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
- loss or damage caused by you providing inaccurate or incomplete information;
- loss of your emotional well-being including, but not limited to, any embarrassment caused;
- loss of income or anticipated profits;
- loss of opportunity;
- loss of goodwill or injury to reputation;
- losses suffered by third parties; or
- any indirect, consequential, special or exemplary damages arising from the use of the Site or the Service regardless of the form of action
We will not be liable for any loss or damage (in contract, negligence or otherwise) where:
- there is no breach of a legal duty of care owed to you by us;
- the loss or damage is not a reasonably foreseeable result of any such breach; or
- any loss or damage or increased risk of loss or damage results from a breach by you of these Terms.
Subject to clause 18.2, 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.
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.
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.
We do not accept any liability or responsibility for the actions or omissions of any third party, including but not limited to the Providers.
We only offer Products and Services for your own personal, domestic and private use. You agree not to supply the Products to any other person or to use the Products 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 Products or Services otherwise than in accordance with these Terms.
We are not liable for loss or damage, which arises from your failure to inform your regular qualified healthcare professional about any Products or Services which you order from the Site.
NO THIRD PARTY RIGHTS
Unless expressly stated in the Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, us and our affiliates. Nothing in the Terms is intended to relieve or discharge the obligation or liability of any third persons to you, us or Providers.
You may not assign, transfer, or delegate the Terms or any part thereof without our prior written consent. We may freely transfer, assign, or delegate all or any part of the Terms, and any rights or duties hereunder. The Terms will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
These Terms shall be interpreted and construed under the laws of England and Wales.
As a consumer, you have consumer rights protecting you under applicable mandatory provisions of the law in your Member State of residence.
The courts of England and Wales will have non-exclusive jurisdiction concerning all disputes or claims arising out of or relating in any way to these Terms or your use of the Site, including without limitation the Services, between you and us.
Concerning your rights as a consumer, the courts having jurisdiction will be either the courts of England and Wales or of the Member State where you reside.
We will try to work in good faith to resolve any issue you have with the Site, including without limitation the Products and Services ordered or purchased through the Site, if you Contact Us.
However, we realise that there may be rare cases where we may not be able to resolve an issue to your satisfaction. We and you will try to reach an agreement to resolve the claim within thirty (30) days after the notice is received.
Please note that the European Commission website (https://ec.europa.eu/consumers/odr/) may help you to find a solution to your consumer problem through suitable options.
We reserve the right to refuse to provide to you access to all or part of the Site or to terminate your access to all or part of the Site if your behaviour gives us a valid reason to do so. This will in particular be the case if you violate applicable laws or contractual provisions.
Notwithstanding any such limitation or termination, you will continue to have access to the Products and Services that you have purchased until that time.
You agree to defend, indemnify, and hold harmless us and any of our affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with:
- your use or misuse of the Site, Products, Services or any information posted on the Site;
- the content or subject matter of any information you provide to us, or any Provider or customer service agent; or
- any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
REVISIONS OF THE TERMS
In our sole discretion, we reserve the right to modify these Terms at any time, effective upon posting on the Site. You should therefore periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. You therefore agree to review the Terms each time you access the Site so that you may be aware of any changes to these Terms. The date of these Terms was last revised is identified at the top of these Terms.
Any use of the Site after such changes will be deemed your acceptance of the same.
If you do not agree with the up-to-date Terms, you must delete your Patient Account.
RIGHT TO BE FORGOTTEN
Upon deletion of your Patient Account, we will erase any and all information that we hold about you.
However, Providers are bound by law to keep a copy of your medical record for a certain duration, which may vary from one Member State to another, and therefore so is Operator.
In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
These Terms constitute the entire agreement between us regarding the subject matter hereof.
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Copyright/Trade mark Information. Copyright © HR Healthcare Limited. All rights reserved. All trade marks, logos, and service marks (the “Marks”) that are displayed on the Site are our property or the property of other third parties. You are not permitted to use the Marks without our prior written consent or the consent of such third party, which may own the Marks.
HOW TO CONTACT US
If you wish to make a complaint about the Site, please contact us.
If, for any reason, you need to contact us, the easiest way is to contact us directly by:
- Email at firstname.lastname@example.org; or
- Telephone on 0207 043 0716 on Monday to Friday between 0900 and 1700.
To help us to identify you, please include your account details or, if applicable, your Order number.
Where reference is made in these Terms to communication being made in writing, this shall be taken to include communication made by us by way of onscreen message, notification, prompt field or other 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.