PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY GOVERN YOUR ACCESS, ATTEMPT TO ACCESS AND USE OF WEBRX PHARMA’S SERVICES.
By submitting an order to WebRx Pharma for our services, or by using WebRx Pharma, including this Website (https://webrx.co.uk) and our Client Portal, you accept these terms and conditions in full, along with all other rules, policies and procedures that may be published by WebRx Pharma on the Website/Client Portal or otherwise communicated to you from time to time by WebRx Pharma (together, the “Terms & Conditions”).
IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS YOU ARE NOT AUTHORISED TO USE WEBRX PHARMA’S SERVICES.
WebRx Pharma reserves the right to suspend or terminate your access to the Website/Client Portal at any time, without notice and without liability, if it reasonably determines you have breached these Terms and Conditions.
1. Information about us
The Service is owned and operated by WebRx Pharma Ltd (“WebRx Pharma”, “our”, “us”, “we”), a company registered in England and Wales (company number 12822135). Our registered office address is 71-75 Shelton Street, London, WC2H 9JQ. Our main pharmacy location is 2-4 Canute Road, Southampton, SO14 3FH.
WebRx Pharma enables doctors and individuals in the United Kingdom (“Customer”, “Customers”, “you”, “your”, “yourself”) to purchase pharmaceutical products, medical devices and aesthetics medications, either for themselves or for their patients/customers.
WebRx Pharma may vary charges for any Services at any time, and changes will be notified to you in accordance with these Terms and Conditions.
WebRx Pharma is NOT a doctor’s service or medical clinic and should not be contacted in an EMERGENCY situation or instead of your local GP (General practitioner)
2. Contacting Us
Please include your order number or account details to help us to identify you.
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 & Security
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.
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, 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 firstname.lastname@example.org
4. How we use your personal information
We will use the personal information you provide to us in order to:
- verify your identity;
- enable Associates to provide you with Medicines and/or Services;
- facilitate payments and refunds for Medicines and/or Services;
- enhance and improve the quality of the Services that we provide;
- comply with requests made by regulatory bodies and/or as otherwise required by law;
- provide relevant information to your GP or other regular healthcare providers; and/or
- for the prevention of fraud and/or other relevant criminal offences.
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 If we cannot verify your identity using these checks, we will contact you requesting further evidence of your identity.
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 on our site
We may amend these Terms from time to time.
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.
We may revise these Terms from time to time to reflect the following circumstances:
- changes in relevant laws and regulatory requirements; or
- where we, in our absolute discretion, deem it necessary or desirable.
Notwithstanding clause 1, if we revise these Terms, we will endeavour (but without obligation) to contact you to advise you of the changes.
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.
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.
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.
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 our site in any website that is not owned by you.
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.
We reserve the right to withdraw linking permission without notice.
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 email@example.com.
7. Cancellation by you
You can cancel a Service with immediate effect at any time by giving us written notice if:
- 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;
- our performance under these Terms is affected by an “Event Outside Our Control” under clause 17;
- we enter liquidation or upon the appointment of a receiver or administrator over our assets; or
- at any time up to the commencement of the relevant Service or dispensing and dispatch of the relevant Medication or Product.
Your right to cancel an Order or Service ends once we have dispatched your Order or delivered your Service, which is when the contract between us is formed.
8. Refunds & Returns
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:
- not as described;
- not fit for purpose; or
- damaged or faulty,
Please refer to our Refunds and Returns Policy.
9. Cancellation by us
We may from time to time have to cancel an Order or Service before the provision of such Order or Service has commenced, due to any one of the following:
- an Event Outside Our Control, as defined in clause 17; or
- the unavailability of any Associate, Medication, Product, Service or Material, without which we are unable to provide the Service, Medication or Product.
In the event that any Service, Medication or Product becomes unavailable pursuant to clause 1, we will notify you as soon as is reasonably practicable in writing.
If we cancel an Order or Service pursuant to clause 1 and you have paid in advance but the Medication, Product or Service has not yet been dispensed, dispatched or provided to you, we will provide you with a full refund.
We may cancel an Order or Service request at any time with immediate effect by giving you written notice if:
- you do not pay us when you are required to; or
- 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.
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 in such circumstances.
10. Unacceptable Use
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 any of our Terms and Conditions, or you have been abusive or have behaved in an inappropriate manner towards any Associate or any employee or agent of ours, including:
- using foul language, threatening, inappropriate, abusive, offensive behaviour or remarks;
- engaging in any behaviour believed to be time-wasting; or
- using the Services or purchasing Medicines excessively, as determined in our reasonable opinion.
11. We may suspend or withdraw our site
Our site is made available to you free of charge.
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.
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.
12. Delivery of products
Products will be delivered directly to an address of your choosing. We will inform you of any delivery charges at the time you indicate that you wish to purchase a product.
Medicines and other products will be charged per item prescribed at the price stated on our site at the time of dispensing.
If you wish to have different products on the same order delivered to different patients, customers or locations, then we may need to charge you multiple delivery charges – one delivery charge for each delivery address.
13. Display and availability of products
Although we make reasonable efforts to update the information on our site, including descriptions of any Medicine, Product 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.
The images on our site are for illustrative purposes only.
Medicines and Products 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.
The packaging for the Medicines and Products may vary from time to time to that shown on images on our site.
All Medicines and Products shown on our site remain at all times subject to availability.
14. Price of Medicines, Products and Services
The prices of the Medicines, Products and Services will be as indicated on our site, and shall include the fees payable to the Pharmacy. We take all reasonable care to ensure that the prices of the Medicines, Products and Services are correct at the time when the relevant information was entered onto our site.
Prices for the Medicines, Products and Services may change from time to time.
Where VAT is applicable for Medicines, Products and Services, it will be shown at the applicable current rate chargeable in the UK when you add your Medicines, Products and Services to the basket, and at checkout.
The prices of Medicines, Products and Services do not include delivery charges, which shall be calculated and show when you add Medicines, Products and Services to the basket, and at checkout.
Our site contains a large number of Medicines, Products and Services. It is always possible that, despite our best efforts, some of these Products may be incorrectly priced. We will normally check our prices as part of the dispatch procedures so that:
- where the Product’s correct price is lower than the price stated on our site, we will charge the lower amount when providing such Product 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 Product to you at the incorrect (lower) price; and
- if the Product’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 Product at the correct price or cancelling the purchase of the Product. We will not process your request until we have received your instructions.
15. Making payment
In making the Medicines, Products and 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 Product, and collect payments for the same for and on their behalf.
Payment can be made by electronic bank transfer, debit or credit card. If the patient who you are prescribing for is going to pay for their Order, then you can select ‘Patient Pays’ at checkout, and we will send an invoice by email to the Patient’s email address, requesting payment.
You are responsible for providing valid payment details if you are paying for the Order or Service. We reserve the right not to provide Medicines, Products 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.
Payments are provided on a ‘continuous authority’ basis, allowing for further payments or refunds to your payment card if necessary.
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.
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.
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, Product or Service.
Subject to clause 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, Product or Service shall be limited to the amount paid by you in respect of such Medicine, Product or Service.
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.
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 our site or any notification 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 Associates.
We are not liable for loss or damage, which arises from your failure to inform your GP or other healthcare professional about any Medicines, Products or Services which you request for your own personal use from our site.
We are not liable for any loss or damage, which results from your failure to follow advice given on our site.
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
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 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.
If an Event Outside Our Control takes place that substantially affects the performance of our obligations under these Terms:
- we will contact you as soon as reasonably possible to notify you; and
- 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.
- 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.
- 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 or Pharmacist, 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.
- By accepting these Terms, you agree that:
- 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;
- 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;
- you will ensure that you comply wherever possible with all instructions, advice and treatment provided to you by the Prescriber or the Pharmacy;
- you will inform your GP or other healthcare professionals about the Medicines that have been supplied and advice given to you through our site;
- 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;
- 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;
- you will report any side effects of any Medicine as soon as reasonably possible;
- 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
- you will not register or attempt to register with our site more than once.
19. Intellectual property
- 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.
- You agree that you shall not interfere with any copyright or proprietary notices on our site.
- 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.
- You shall be entitled to use the content, materials, documents and other information as set out in these terms & conditions 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.
- 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
WebRx Pharma is a trade mark of the Company.
21. International use
- 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.
- 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.
- 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 event arising from your use of our site from locations outside the United Kingdom.
- 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.
- 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.
- If the dispute cannot be resolved within 60 (sixty) days of the initial notification of a dispute by either party, we each agree to attempt to settle it through mediation in accordance with the Centre for Effective Dispute Resolution Model (“CEDR“) Mediation Procedure.
- Unless otherwise agreed between the parties, the mediator will be selected by CEDR.
- To initiate the mediation, either party must give the other written notice (“ADR Notice“) requesting the mediation. A copy of the request should be sent to CEDR.
- The mediation will start not less than 60 (sixty) days from the date of the provision of the ADR written notice.
- The parties irrevocably agree that neither party may commence any court proceedings in relation to any dispute arising out of any matter relating to these Terms until it has first attempted to settle the dispute by mediation and either the mediation has been terminated or the other party has failed to participate in the mediation for a period of not less than 30 (thirty) days from the date of the commencement of the mediation.
23. Other important terms
- 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.
- 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.
- 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
- 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.
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.