Terms and Conditions

In this Agreement, a reference to:

1.1 A statutory provision includes a reference to the statutory provision as modified or re-enacted or both from time to time whether before or after the date of this Agreement and any subordinate legislation made under the statutory provision whether before or after the date of this Agreement;

1.2 A document is a reference to that document as modified or replaced from time to time;

1.3 The singular includes the plural and vice versa (unless the context otherwise requires);

1.4 A clause or schedule, unless the context otherwise requires, is a reference to a clause of or schedule to this Agreement; and

1.5 The words "other", "includes", "including", "for example" and "in particular" shall not limit the generality of any preceding words and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.

2.1 The Site is for your personal and non-commercial use only.

2.2 If you buy goods or services on our Site you agree to be legally bound by:

2.2.1 Our Terms and Conditions and any documents referred to in them;

2.2.2 Extra terms which may add to, or replace some of, this contract (this may happen for legal, regulatory or security reasons); and

2.2.3 Specific terms which apply to certain goods or services.

2.3 You agree that you are solely responsible for:

2.3.1 All costs and expenses you may incur in relation to your use of the Site; and

2.3.2 Keeping your password and other account details confidential.

2.4 If you access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

2.5 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected]

2.6 We may prevent or suspend your access to the Site if you do not comply with any part of these Website terms and conditions, any terms or policies to which they refer or any applicable law.

3.1 Parties

This Agreement sets out your legal rights and responsibilities, our legal rights and responsibilities, and key information required to be provided under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and the Electronic Commerce Regulations 2002. In this Agreement:

• We, us or our means Hexpress Healthcare Limited (the Supplier/Agent); and
• You or your means the person using our Site to buy goods or services from us.

3.2 Our company details

• We are registered in England and Wales under company number: 07600912.
• Our registered office is at: 106 Lower Addiscombe Road, Croydon CR0 6AD, United Kingdom
• Our UK VAT number is: GB 121 3176 59.

3.3 Regulatory organisations

We are registered with and regulated by the following organisations:

• General Pharmaceutical Council (GPhC): under Registration Number 9011703. For more information, click here https://www.pharmacyregulation.org/.
• Medicines and Healthcare products Regulatory Agency (MHRA): under the EU Common authorisation scheme for online sellers of medicines. For more information, click here: https://medicine-seller-register.mhra.gov.uk/.

• Care Quality Commission (CQC): under provider ID 1-4262949666. For more information, click here: https://www.cqc.org.uk/provider/1-4262949666.

  

• Information Commissioner's Office (ICO): under Notification Number Z2900979.
• The Doctors providing the video consultations in the UK are registered with the General Medical Council (GMC).

3.4 Prescription and supply of medication

3.4.1 We undertake to provide you with access to an online consultation with a qualified GMC and/or EU-registered medical practitioner ('Doctor') to diagnose and treat your medical condition.

3.4.2 Such consultation and treatment are subject to the terms and conditions of this Agreement.

3.4.3 We believe that it is in your best interests that we inform your General Practitioner (GP) about this consultation. Without your consent, we will not be able to do so and our Doctor will take full responsibility for your care and aftercare whilst you are a client of our private service.

3.4.4 All prescribed medicines will be dispensed by a UK and GPhC registered pharmacist, pursuant to a prescription issued by the Doctor. Full details of both the Doctor and pharmacist used for your treatment are available on our webpage www.onlineclinic.co.uk.

3.5 Warranties

3.5.1 Warranties by You

1. You warrant and undertake to complete our online consultation questionnaire truthfully and honestly, revealing and disclosing all relevant information to the best of your knowledge.

2. You warrant and undertake to complete the video consultation truthfully and honestly, revealing and disclosing all relevant information to the best of your knowledge.

3. This Agreement becomes immediately void if you answer any question untruthfully.

3.5.2 Warranties by Us

1. We warrant and undertake that your consultation questionnaire will only be viewed by the Doctor and the medical staff for the purpose of treating your medical condition.

2. We warrant and undertake that any prescription that the Doctor may issue or any medicine they may prescribe is only filled and dispensed by UK registered pharmacists.

3.6 Description of medication

The description of the medication is subject to prescription.

3.7 Price

The price for treatment is subject to prescription.

3.8 Ordering goods and services from Us

3.8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as 'statutory rights'), for example, the goods:

1. are of satisfactory quality;

2. are fit for purpose;

3. match the description, sample or model;

4. and services are to be carried out with reasonable care and skill.

3.8.2 We must provide you with goods and services that comply with your legal rights.

3.8.3 If you are under the age of 18 you may not buy any goods or use our video consultation service from the site. If we are notified that you are under 18 or were under 18 when you entered, attempted or attempt to enter into any transactions or consultations on our site ("under age"), we will immediately prevent you from entering into any transactions or using your account or obtaining any medication from our site. We shall investigate the claim that you are or were under age, including whether in fact you have been using our goods and services for or at the behest or on behalf of another person, and we will notify relevant authorities, whether they be your parents, guardians, the police or regulatory bodies that you have sought to use or used our site while you were or are under age.

3.8.4 You place an order on the Site by completing and submitting an online medical questionnaire which is reviewed and assessed by a Doctor, for some conditions you may be asked to attend a video consultation with a Doctor. The Doctor may then issue a prescription which is dispensed by our pharmacist. Please read and check your order carefully before submitting it.

3.8.5 When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

3.8.6 We may contact you to say that we do not accept your order. This might be in reason of but not limited to the following reasons:

1. We cannot authorise your payment;

2. You are not allowed to buy the goods from us;

3. The Doctor refers you to your general practitioner;

4. You have ordered too many goods within a specific period of time; and

5. There has been a mistake on the pricing or description of the goods.

3.8.7 We will only accept your order when we email you to confirm this (Dispatch Confirmation Email). At this point:

1. A legally binding contract will be in place between you and us; and

2. We will dispatch the goods to you.

3.8.8 If we cannot supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case we will let you know if we intend to do this but this may not always be possible. You can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

3.8.9 The packaging of the goods may be different from that shown on the Site.

3.8.10 For certain types of medical conditions and prescriptions, it is in your best interests as the patient, as well as being recommended (but not required) by the healthcare regulators, to conduct a video consultation with you. This is booked as part of your medical questionnaire process.

3.8.11 Once you have booked your video consultation, selecting the most convenient time for you, and where possible selecting your doctor of choice, we will send you a booking confirmation email and calendar notification. Please use the connection details provided and make sure you are ready to start the consultation promptly as the doctor will have a designated time slot to meet with you. If you are late, there may not be enough time for the doctor to consult with you and will be fully charged and asked to rebook another video consultation.

3.8.12 When you attend the consultation you must be honest, accurate and reliable by revealing and disclosing all the relevant information, to the best of your knowledge, to the doctor in accordance with our Patient Responsibility Agreement.

3.8.13 If you need to reschedule the consultation you can do so and this can be done up to 2 hours before the scheduled consultation time. After this time, we are not able to reschedule the consultation as the doctor will have already committed themselves to the appointment and you will be charged in full for the consultation.

3.8.14 If you no longer require or want the video consultation, it is possible for you to cancel and obtain a full refund so long as it is 24 hours ahead of the scheduled consultation. We cannot offer a refund within the 24 hour period immediately prior to the scheduled consultation because the doctor will have been booked already. Of course you can reschedule the consultation as per paragraph 3.8.13 above.

3.8.15 You may be required to attend a follow-up consultation with one of our doctors as part of the course of treatment in accordance with paragraph 3.4.3 above.

3.8.16 If your connection to the video consultation is lost or interrupted as a result of your device or internet provider then it may not be possible to reconnect and you may be fully charged and asked to rebook a new consultation. This is separate to your ability, or your choice, to terminate the video consultation, at any time, this can be done by asking the Doctor or by pressing the ‘stop’ button during the consultation, but you will be fully charged for the consultation.

3.8.17 Nothing in this Agreement affects your legal rights under the various relevant Acts.

3.9 Payment

3.9.1 We accept the following debit and credit cards: Visa, Visa Electron, MasterCard and American Express. We also accept cheques which must be made payable to Hexpress Healthcare Limited.

3.9.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods and services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

3.9.3 Your credit card or debit card will only be charged when the goods are dispatched or when the consultation with the doctor is booked.

3.9.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.

3.9.5 The price of the goods and services is in:

1. Pounds sterling (£)(GBP);

2. Euro (€) (EUR);

3. Other European currency; or

4. Other non-European currency.

3.9.6 If your payment is not received by us and you have already received the goods, you must pay for such goods within 30 days.

3.9.7 Nothing in this clause affects your legal rights to cancel the contract during the 'cooling off' period under Clause 3.10.13.

3.10 Delivery and Refund

Delivery

3.10.1 We use Royal Mail Delivery service or UPS to deliver our goods. The medicines will be dispatched in packages in the official languages of the state that they are being sent to.

3.10.2 We do not charge extra for the next day delivery. For further information on delivery options, click here.

3.10.3 The estimated date and time window for delivery of the goods is set out in the Confirmation Email.

3.10.4 We will let you have a revised estimated date for delivery of the goods if something happens which is outside of our control and affects the estimated date of delivery.

3.10.5 Delivery of the goods will take place when we deliver them to the address that you gave to us.

3.10.6 Age and ID verification software will be used to properly identify you and in some cases, you may be asked to provide the delivery representative with a form of ID (passport or photocard driving licence).

3.10.7 You can request that we deliver goods to your workplace or to another address.

3.10.8 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will let you know; cancel your order; and give you a refund.

3.10.9 In some cases, you may be asked to confirm receipt of delivery. If this is not possible, please contact us using the contact details at the top of this page.

3.10.10 Once a package is shipped, you are bound by the terms and conditions of use of our shipping agents or representatives.

3.10.11 You are responsible for the goods when delivery has taken place. The risk in the goods passes to you when you take possession of the goods.

Right to cancel and Refund Goods

3.10.12 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – Part 3 - Right to cancel – Regulation 28 specifies exceptions to the right to cancel:

28. —(1) This Part does not apply as regards the following—

1. The supply of goods that are made to the consumer's specifications or are clearly personalised;

2. The supply of goods which are liable to deteriorate or expire rapidly;

(3) The rights conferred by this Part cease to be available in the following circumstances—

1. In the case of a contract for the supply of sealed goods which are not suitable for return due to health protection…

3.10.13 In light of the above and in view of the type of product and service offered on our Site, this exception applies and you have no right to cancel. We are however exercising our discretion and giving patients the right to cancel their order up to the point when their treatment is dispatched. The pharmacist must destroy any medication within 60 days of it being returned, even un-opened boxes, so we are not able to offer refunds once the treatment has been dispatched.

3.10.14 If you cancel this contract prior to the point of dispatch, we will reimburse to you all payments received from you.

3.10.15 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

3.10.16 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.

3.10.17 If this contract is ended it will not affect our right to receive any money that you owe to us under this contract.

4.1 We own this Site and all Intellectual Property Rights in it including but not limited to any Content. Intellectual Property Rights mean rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other Intellectual Property Rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and free to use them as we see fit.

4.2 All material contained and presented on this Site, including but not limited to text and graphics is our copyright or similar rights, unless otherwise expressly stated. We reserve all its rights and strictly forbid any unauthorised use or duplication. Any statutorily authorised rights to print or download are strictly limited for your sole personal use. No material, however, can be used for any commercial purpose whatsoever.

4.3 The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission. Any copies of the pages of this Site which you save, by any means whatsoever can only be used for subsequent viewing purposes or to print extracts for personal use. Unless otherwise expressly permitted in writing, you may not create a database in any form whatsoever of these webpages.

4.4 You agree not to adjust, to try to circumvent, or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

4.5 Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site.

5.1 Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an 'end user licence agreement' or 'EULA'). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider's legal responsibilities are, and provisions that limit a software provider's legal responsibilities to you).

5.2 All such software is solely for your personal use in a non-commercial manner.

5.3 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and conditions and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

6.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

6.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

6.3 We may disclose your information to a third party as part of a sale or initial public offering of the assets of Hexpress Healthcare Limited or any subsidiary, division or affiliate of Hexpress Healthcare Limited, or as the result of a change in control of Hexpress Healthcare Limited or any one of its affiliates, subsidiaries or divisions, or in preparation for any of these events. Any third party to which Hexpress Healthcare Limited transfers or sells assets to will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Agreement.

6.4 By using this website and giving your information to us, you indicate consent to us, our group and third parties collecting and using your personal information in accordance with the terms set out in this Agreement.

6.5 We will only use the information that we collect about you lawfully and in accordance with the relevant Acts.

7.1 We do not represent nor make any warranty in respect of the accuracy, reliability or continuous supply of any of the information on this Site. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

7.2 We may suspend or terminate operation of the Site at any time as we see fit.

7.3 Any Content is provided for your general information purposes only and to inform you about us, our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

7.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

9.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

9.1.1 Losses that:

1. Were not foreseeable to you and us when this contract was formed, and

2. That were not caused by any breach on our part;

9.1.2 Business losses; and

9.1.3 Losses to non-consumers.

9.2 Any reliance you place upon any material on this Site will be at your sole risk. We reserve the right in our sole discretion, but without any obligation, to make amendments or improvements to, or withdraw or correct any error or omission in any portion of the material without notice.

9.3 Except for the video consultation service with a Doctor, our services and information do not constitute any form of advice or recommendation by us and are not intended to be relied upon by you in making any specific medical or other decision. Appropriate independent medical advice should be obtained before making any such decision.

9.3.1 During the video consultation our doctors will carry out a consultation to elicit a patient’s medical history, diagnose any possible condition(s) and assess the suitability of a specific medication and accompanying dosage. This will be consistent with the GMC’s Guidance on Remote Consultations.

9.4 Our services and the materials on this Site are provided by us on an "as is" basis, and we expressly disclaim any and all warranties (subject to clause 3.5.2 above), express or implied, to the extent permitted by applicable law.

9.5 To the fullest extent permitted by applicable laws, we hereby exclude liability for any claims, loss, demands or damages of any kind whatsoever with respect to our services, information and materials given by us including, without limitation, direct, indirect, incidental or consequential loss or damages, The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise.

9.6 Your visit to and use of this Site and any dispute over liability is subject to these disclaimers under this Clause 9 and the laws of England and Wales.

10.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

10.2 We are committed to protecting and respecting your privacy and to using technology to enhance your online security. Before you use certain areas of this Site, we ask you to register on it by requiring you to enter your personal information, including 'sensitive personal data' as defined by the General Data Protection Regulation (GDPR) (EU) 2016/679 ('the Regulation'). We will not release to any third party any personally identifying information obtained in this way, without your prior consent. We will only use the information that we collect about you lawfully and in accordance with the Regulation.

10.3 In respect of the aforementioned 'sensitive personal data' by accepting this Agreement, you grant us explicit consent to collect and release such data to select parties including third parties. We will limit the collection and use of such information to the minimum required to deliver, develop and improve our services and other opportunities and the better administration of the Doctor's consultation.

10.4 The personal information that we hold will be held securely in accordance with our internal security policy and the law and to make sure your personal information remains confidential, we communicate these privacy guidelines to all of our employees.

10.5 This Site may contain links to other sites. However, We do not share your personal information with those sites and are not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies. Accordingly, this Privacy Statement and our Privacy Policy apply only to this Site and not to linked sites.

10.6 For credit card payments, we use a secure SSL/256 bit encryption.

10.7 Cookies are used on www.onlineclinic.co.uk for purposes of improving quality.

10.8 In accordance with the Privacy & Electronic Communications Act passed into law on 11 December 2003, we do not send random (third party) marketing emails to personal email addresses (spam).

10.9 This Privacy Statement applies only to information collected from you during your visit to this Site. We will display a prominent notice on this Site's home page whenever these Privacy terms are updated or changed and you should check our Privacy Policy periodically. By choosing to continue usage of this Site, you agree to the terms of this Privacy Statement and of our Privacy Policy.

10.10 You authorise us, at any time, to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of information, and you consent to have your identity verified using credit data information sourced on behalf of us by third party providers that we may use from time to time.

10.11 Your visit to and use of this Site and any dispute over privacy is subject to this Privacy Statement and the laws of England and Wales.

We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, or flood, fire, explosion or accident.

No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

13.1 We will try to resolve any disputes with you quickly and efficiently using our internal complaint handling procedure.

13.2 Please contact us as soon as possible if you are unhappy with:

13.2.1 The goods;

13.2.2 Our service to you; and

13.2.3 Any other matter.

13.3 If you are dissatisfied with the outcome of your complaint, you can visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06. You can also contact the Medicines and Healthcare products Regulatory Agency (https://www.gov.uk/government/organisations/medicines-and-healthcare-products-regulatory-agency) or the General Pharmaceutical Council (https://www.pharmacyregulation.org/raising-concerns) or the General Medical Council (https://www.gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/raising-and-acting-on-concerns).

No one other than a party to this contract has any right to enforce any term of this contract.

Our Auto Repeat Prescription service (ARPS) allows you to continue your treatment without interruption (between review dates set by our Doctors) via the continuous supply of your medication further to your obtaining repeat prescriptions from our Doctors (ARPS subscription). Prescriptions are Doctors' written authorisations for a patient to purchase a prescription medicine from our pharmacy.

Under an ARPS subscription, you can obtain at a discount repeat prescriptions from our Doctors. We will deliver your Auto Prescription product (APP) to you on a recurring basis in accordance with your choice and subject to our Doctors' recommendations, and will charge your payment card. By purchasing an APP from our www.onlineclinic.co.uk/, you authorise us to charge your payment card on an agreed recurrent basis for a specified amount at specific intervals chosen by you and, recommended and agreed to by our Doctors. Please note that some treatments are only available under the ARPS. Please note also that our overall service consists of doctors' and pharmacy services (consultation, prescription, medication, dispensing, dispatching) and our fees as displayed on our website, cover our overall service costs.

You may cancel your subscription at any time by writing to: [email protected] or via the 'Manage my prescription' section in your dedicated patient area. Once your subscription is cancelled, you will have revoked your payment authority to us and we will not charge your payment card any further or dispatch any products to you.

Should your payment card expire or fail for any other reason, and you do not provide updated payment details, we will automatically cancel your subscription and if products have already been dispatched to you and your card has already been charged, we will not be able to offer you a refund. Please note that clauses 3.10.12 to 3.10.17 also apply.

Please note also that your ARPS subscription will be cancelled should our Doctors determine that this subscription is no longer necessary or relevant to the treatment of your condition, and the cancellation provisions in this Agreement will apply.

This contract is governed by the laws of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.

This Agreement and all acts, transactions, disputes and controversies arising hereunder or relating hereto, and all rights and obligations of the parties shall be governed by, and construed in accordance with, the laws (and not the conflict of laws rules) of England.

Last updated December 2021.