Our legal terms and conditions (“Terms”) outlined on this page give you information about MyUKDoctor.co.ukand the (“Terms”) on which we make available products (“Products”) and services ("Services") from our website, http://www.myukdoctor.co.uk("our site") to you.
Our site enables you to access online clinical assessments for the purpose of issuing private prescriptions and supplying medication ("Prescribed Medicines") to you. Index Medical Services Limited trading as MyUKDoctor.co.uk works with UK licensed Pharmacies. These Terms govern the ownership and use of any materials, documentation and intellectual property rights belonging to us or any of our associates (“Material").
Please read and understand these Terms carefully before placing an order for Products (including Prescribed Medicines) or Services on our site ("Order"), as you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be allowed to order Products or Services from our site.
1. Information about us
- We are Index Medical Services Limited, a company registered in England with company number 11527144 and our registered office at Shaftesbury Centre, Percy Street, Swindon, United Kingdom, SN2 2AZ (the "Company", "we" or "us"). We are responsible for operating this site and introducing you to suitable third parties.
- We work with selected third party suppliers ("Associates"), including registered general medical practitioners ("GPs") and pharmacists ("Pharmacists"), who are responsible for providing the Products and/or Services through our site in accordance with their own terms and conditions. You should review and accept such terms and conditions prior to placing an Order for Products or Services.
- MyUKDoctor.co.uk works with 8.P.M. Chemist Limited with company number 02737126 and registered address at 61 Wolverhampton Street, Willenhall WV13 2NF for the purposes of processing your payment and then preparing and dispensing your order. 8. P.M. Chemist Limited is a GPhC registered pharmacy.
2. Contacting us
- The easiest way to contact us is by email: firstname.lastname@example.org. Please include your Order number 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 and 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 ID or password, you must promptly notify us at email@example.com
4. How we use your personal information
- The use of your personal information is subject to our Privacy and Cookies Policy. Please ensure that you have read and understood our Privacy and Cookies Policy before placing your Order.
- We will not use any of your personal information for any purpose other than those contained within our Privacy and Cookies Policy and as set out below.
- We will use the personal information you provide to us in order to:
- verify your identity using third party companies (e.g. Experian's Prove ID service); this does not affect your credit rating
- enable Associates to provide you with Products and/or Services;
- facilitate payments and refunds for Products and/or Services;
- enhance and improve the quality of Products and/or Services that we provide;
- comply with requests made by regulatory bodies and/or as otherwise required by law;
- provide relevant information to your regular healthcare providers; and/or
- for the prevention of fraud and/or other relevant criminal offences.
- We use identity verification services to check your details, which are checked against multiple sources, including the electoral roll and credit reference agencies. By agreeing to these Terms, you give us permission to make these checks. If we cannot verify your identity using these checks, we will contact you requesting further evidence of your identity.
- You give your consent for supplying information about yourself, your health and your current medications including, but not limited to, the information you divulge as part of the online clinical assessment to be viewed and exchanged by and between us and our employees and Associates for the purpose of supplying Products and/or Services to you.
5. We may make changes to these Terms or 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 you understand the terms and conditions that apply at that time.
- We may revise these Terms as they apply to your Order 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 5.1, if we revise these Terms as they apply to your Order, 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 Products and/or Services, our users’ needs and our business priorities.
- Links to third party websites on our site are provided solely for your convenience. If you use these links, you leave our site. We have not reviewed these third party websites and do not control and are not responsible for these websites or 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 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, 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 site, 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 that set out above, please contact firstname.lastname@example.org
7. Cancellation by you
- You can cancel an Order 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 days from the day upon which you notified us in writing of that 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 Service.
8. Refunds - limitations
- You will not be entitled to a refund arising from:
- the unavailability of any Associate where our site is functioning and an alternative Associate is available;
- a temporary interruption in the Service; or
- any interruption in the Service through no fault of the Company.
- By accepting these Terms, you agree that Associates may differ in their clinical opinions and, provided that any online clinical assessment is undertaken in good faith by an Associate, you will not be entitled to any refund in respect of any Service provided.
- You will not be entitled to receive any refund in relation to any Service where the provision of such Service is restricted because of:
- your absence;
- insufficient or variable network connectivity;
- a negligent act or omission by you; or
- through no fault of the Company.
9. Cancellation by us
- We may from time to time have to cancel an Order before the provision of such Products or Services 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 or Material, without which we are unable to provide the Product or Service.
- In the event that any Product or Service becomes unavailable pursuant to clause 9.1, we will notify you as soon as is reasonably practicable in writing.
- If we cancel an Order pursuant to clause 9.1 and you have paid in advance but the Products or Services have not yet been provided to you, we will provide you with a full refund.
- We may cancel your Order 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 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 or incorrect information, we may suspend the provision of the Services or the supply of the Products 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 Products and/or Services, including removal of your account and information, immediately upon notice, where we determine that you have been abusive or have behaved in an inappropriate manner towards any Associate or any employee or agent of the Company, including:
- using foul language, threatening, inappropriate, abusive, offensive behaviour or remarks;
- engaging in any behaviour believed to be time-wasting; or
- using the Services 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 operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- 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 our Associates, and that they comply with them.
12. Delivery of Products
- Products will be delivered directly to an address stated by you.
- Prescribed Medicines will be charged per item prescribed at the price stated on our site at the time of dispensing.
- Once an order has been processed, both shipping and billing address cannot be changed as the prescription cannot be altered.
- You agree to the product being put through the letter box if the courier offers that service and the courier's evidence of dropping into the mail box. In other instances if there is no answer when the courier arrives to deliver, the courier may deliver to a neighbor or a safe place. The courier will inform you of this or if it has been delivered to a collection point.
- If you would like the order to be always delivered to the shipping address please choose “signed for” delivery option.
13. Display and availability of Products
- Although we make reasonable efforts to update the information on our site, including descriptions of any 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 of the Products on our site are for illustrative purposes only.
- 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 Products may vary from time to time to that shown on images on our site.
- All Products shown on our 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.
14. Price of Products and Services
- The prices of the Products or Services will be as quoted on our site at the time you submit your Order. We take all reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto our site.
- Prices for Products or Services may change from time to time but changes will not affect any Order you have placed prior to the change.
- The price of a Product or Service includes VAT (where applicable) at the applicable current rate chargeable in the UK.
- The price of a Product does not include delivery charges, which shall be as stated on our site before you place your Order.
- Our site contains a large number of Products and Services. It is always possible that, despite our best efforts, some of these Products or Services may be incorrectly priced. We will normally check our prices as part of our dispatch procedures so that:
- if the Product's or Service’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 to order the Product or Service at the correct price or cancelling your Order. We will not process your Order until we have received your instructions, and;
- where the Product's or Service’s correct price is lower than the price stated on our site, we will charge the lower amount when providing such Products or Services 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 Products or Services to you at the incorrect (lower) price.
15. Making payment
- Payment for all Products, Services and delivery charges must be made at the time of placing your Order.
- Payment for Products or Services can be made by debit or credit card.
- You are responsible for providing valid debit or credit card details. We reserve the right to not provide Products or Services to you if your payment details have expired or are invalid. In such cases, we will attempt to contact you to enable you to 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 debit or credit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms, you consent to such checks being made. In performing these checks, personal information provided by you 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
- 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 your Order.
- Subject to clause 16.1, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of the Products or Services shall be limited to the amount paid by you in respect of such 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 only supply Products and Services for domestic and private use. You agree not 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.
- Prescribed Medicines are supplied in accordance with information you provide to us and to our Associates through online clinical assessments on our site. We are not liable for any loss or damage from your use of any Prescribed Medicine if you supply incorrect or incomplete information.
- We are not liable for loss or damage, which arises from your failure to inform your GP or other healthcare professional about any Products or Services which you order 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 and that you should consult with your GP and other healthcare professionals on the Products and/or Services supplied through 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 17.2.
- An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control has expired.
- You may cancel an Order if an Event Outside Our Control, persists for a period of not less than 7 days. To cancel your Order, you must notify us in writing, subject to clause 2.
- We may cancel an Order if an Event Outside Our Control persists for a period of not less than 28 days.
18. Your obligations
- Important: If you provide false or misleading information at any time when using our site or consulting with our Associates, then you acknowledge that it is possible that a prescription may be issued based on the incomplete 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 or misleading information at any time. To do so would be a breach of these terms.
- By accepting these Terms, you agree that:
- all information you provide to us and to our Associates will be a fair and accurate reflection and will not omit anything of material importance;
- should 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 promptly;
- you will ensure that you comply wherever possible with all instructions, advice and treatment provided to you by any Associate;
- you will inform your GP about Prescribed Medicines 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 an Associate in relation to any Prescribed Medicine;
- you will report any side effects of any Prescribed 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 or 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 clauses 19.1 to 19.3 for your own personal use and in connection to receiving the Services from us but you shall not be entitled to make copies, edit, alter or distribute, nor shall you make any materials or information referred to in this clause available through a file-sharing network or facilitate or allow any other person to do the same.
- 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
- MyUKDoctor.co.uk is the 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 even 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 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 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 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 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 Products 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.
- You acknowledge and agree that by purchasing any Products or Services through our site, no contract of sale, retail or other commercial arrangement is created between you and us. Our relationship with you when purchasing such Products and Services is as a facilitator for the purpose of you placing your Order with the Associate.
- The Associate, who will provide the Products and/or Services direct to you, will do so under its own terms and conditions of supply.
- We will not be held liable for any Product and/or Services that you purchase from an Associate.
- When placing an order for a Product and/or Service through our site, you will receive written confirmation of your Order from us. This confirmation, however, will be subject to acceptance of the Order by the applicable Associate.
- Your contract with the Associate will subsist at the time when your Order has been placed with the Associate by us acting as agent and such Order has been duly accepted by the Associate. The basis of your contract with the Associate will be governed by the Associate’s own terms and conditions.