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Terms and Condition - Sendscript

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PLATFORM OR ANY SERVICES PROVIDED THROUGH IT. BY CLICKING "I ACCEPT," OR BY ACCESSING OR USING THE PLATFORM, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

DISCLAIMER

THE PLATFORM AND SERVICES MAY NOT BE SUITABLE FOR ALL MEDICAL OR CLINICAL CONDITIONS. THIS PLATFORM DOES NOT PROVIDE EMERGENCY OR CRISIS CARE. IN THE EVENT OF A MEDICAL EMERGENCY, CALL 999 (UK), 911 (US), OR CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. ALTERNATIVELY, VISIT THE NEAREST HOSPITAL OR SEEK URGENT MEDICAL ASSISTANCE.

ACKNOWLEDGMENT

BY CONTINUING TO USE THE PLATFORM, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS.

WHO WE ARE AND HOW TO CONTACT US

www.sendscript.com is a site operated by MSMB Healthcare LTD ("we", "us" and "our") is a company registered in England and Wales under registration number 09689183. Our registered address is 116 Harley Street, 2nd Floor, London, W1G 7JL, and whose trading address is at MSMB Healthcare LTD, 116 Harley Street, 2nd Floor, London, W1G 7JL. To contact us, you can reach us by email at support@sendscript.com.

PLATFORM SERVICES

We have created and operate a digital platform known as www.sendscript.com. This platform connects you with select pharmacies registered with the General Pharmaceutical Council ("GPhC"), which have chosen to join our service (each referred to as a "Pharmacy" and collectively as the "Pharmacies"). Through our Platform, you can access and book certain clinical services offered by these Pharmacies, for which you are registered. These services include:

  • Ordering your medication (with your consent);
  • Booking NHS and private medical and pharmaceutical services;
  • Scheduling online consultations or appointments with your local pharmacy (either in-person, by phone, or via video);
  • Booking appointments for blood tests or other medical tests; and, when available, purchasing medicinal products from the Pharmacy via our Platform (collectively referred to as the "Pharmacy Services").

ADDITIONAL TERMS MAY APPLY TO YOU

In addition to these terms of use, the following terms also apply when you use our site: Our Privacy Policy, available at www.sendscript.com/privacy-policy, outlines how we handle any personal data we collect from you or that you provide to us. By accessing our site, you consent to this processing and confirm that all information you provide is accurate.

MODIFICATIONS TO THESE TERMS

We may revise these terms periodically. Before using our site, we encourage you to check the terms to ensure you are aware of any updates or changes. Additionally, we may make improvements or adjustments to our site at any time. Please read these Terms carefully before proceeding. By accessing our Products or Services, or interacting with your Pharmacy via our Platform, you will be required to accept these Terms. If you do not agree with them, you will not be permitted to use our Platform or access the associated Products or Services. By selecting "accept," you confirm that you have read, understood, and agreed to these Terms, along with our Privacy Policy.

ACCESSING OUR PLATFORM

To access the Products or Services and engage with Pharmacies via our Platform, you must be at least 18 years of age and legally capable of entering into a binding agreement. If you are under 18, please refrain from registering with our Platform or providing any personal information. In the event we inadvertently collect personal information from someone under 18, we will promptly delete that data. If you suspect we have collected such information, please contact us immediately at support@sendscript.com or via the chat feature on our website https://sendscript.com. It is your responsibility to review these Terms and our Privacy Policy regularly, as they may be updated. Each time you visit our Platform, ensure you are familiar with the most current version.When accessing Pharmacy Services through our Platform, please note that the Pharmacy providing these services will have its own terms and conditions and privacy policy. These will apply to any Pharmacy Services you receive or Products you purchase from that Pharmacy. We recommend you carefully read these documents before using any service or purchasing productsWe value your feedback. If you have any questions, concerns, or comments regarding these Terms, please don't hesitate to reach out to us at support@sendscript.com or use the chat feature on our website https://sendscript.com.While we aim to maintain continuous access to the site, we do not guarantee uninterrupted service or availability of all content. We may temporarily suspend, withdraw, or restrict access to certain parts or the entire site due to operational or business reasons. Whenever possible, we will notify you in advance of any planned suspensions or limitations.You are also responsible for ensuring that anyone who accesses the site through your internet connection is aware of and complies with these terms, as well as any other relevant policies.

AVAILABILITY RESTRICTED TO THE UNITED KINGDOM

Our site is intended solely for use by individuals located within the United Kingdom. We do not make any representations regarding the appropriateness or availability of the content for users in other countries.

USE OF MATERIAL ON OUR SITE

We hold the intellectual property rights to all content on our site, including the materials published on it. These works are protected by copyright laws and international treaties, and all rights are reserved. You are permitted to print a single copy and download extracts from our site for personal, non-commercial use. You may also share content from our site with others within your organization. However, you must not alter or modify any printed or downloaded copies of the materials in any way, nor can you separate illustrations, photos, videos, audio, or graphics from the accompanying text. Our authorship (and that of any credited contributors) must always be properly acknowledged when sharing or using content from our site. You are prohibited from using any part of the content on our site for commercial purposes unless you have obtained explicit permission or a license from us or our licensors. If you print, copy, or download any materials in violation of these terms, your right to use our site will immediately terminate. In such a case, you must return or destroy any copies of the materials you have made, as per our instructions.

SERVICES

Understanding the Risks of Telehealth Services

By using our telehealth services, you acknowledge and accept the potential risks that come with remote healthcare. These include:

  • Insufficient Information: The quality of transmitted images or data might not be adequate, potentially impacting your Pharmacy's ability to make accurate healthcare decisions.
  • Technical Delays: There may be delays in receiving care or treatment due to issues with electronic equipment or software failures.
  • Limited Medical Record Access: If you choose not to grant your Pharmacy access to your medical records (e.g., summary care records), it could lead to medication errors, such as adverse drug interactions or allergic reactions.
  • Privacy and Security: While we implement security protocols to protect your health information, there is still a risk of privacy breaches in the event that these systems fail.

Prescription Policy Overview

We do not promote or recommend any specific Prescription-Only Medicine (POM) product. If a POM product is prescribed to you, it will be done by your GP or a qualified pharmacist employed by your Pharmacy, in line with relevant laws and guidelines. Prescriptions are issued at their clinical discretion based on their professional judgment. Please note that we cannot guarantee the approval of any prescription request made via our Platform. Your access to the Pharmacy Services or Products may be denied if your GP or Pharmacy believes, in their professional opinion, that the services or products are being misused. All prescriptions obtained via our Platform are intended strictly for your personal use. You agree to thoroughly review all product information and labels. Should you have any questions about your prescription, we encourage you to reach out to your GP or Pharmacy for clarification.

Using Our Platform To Communicate With Your Pharmacy

Our platform offers a secure, online space for you to communicate directly with your Pharmacy, utilising both real-time and delayed communication tools. This platform allows you to access Pharmacy Services and Products, facilitating seamless interaction between you and your Pharmacy. It's important to note that any medical or pharmaceutical advice, as well as the products you receive through the platform, are provided solely by your Pharmacy, not by us. You acknowledge that any reliance on information or advice from your Pharmacy is entirely at your own risk. We are not responsible for any consequences that may arise from following such advice. To the fullest extent allowed by law, you assume all risks related to this communication. We always recommend consulting your GP for any specific health concerns or questions regarding your medical conditions. The content shared via our platform is intended for general informational purposes only and does not substitute the professional care you receive from your GP. Our platform is designed to enhance your healthcare experience, but it does not replace your ongoing relationship with your primary care provider.

Our Liability And Responsibility For Loss Or Damage

Whether you are accessing our site as a consumer or a business user: We do not exclude or limit our liability in situations where it would be unlawful to do so. This includes our liability for any harm or loss resulting from negligence, fraud, or fraudulent misrepresentation. Specifically, we remain fully liable for any injury to persons or loss of life caused by our negligence, or the negligence of our employees, agents, or subcontractors. However, we disclaim liability for any indirect or consequential damages unless otherwise stipulated by law.

We Are Not Responsible For Third-Party Websites We Link To

Our website may contain links to external sites or resources that are managed by third parties. These links are provided solely for your convenience and informational purposes. Please note that such links do not imply our endorsement or approval of the linked websites or the content, products, or services that may be available on them. We do not have any control or influence over the content of those external sites or resources, and therefore, we cannot accept responsibility for any issues, errors, or omissions that may arise from their use.

Pharmacy Services: Ordering, Subscription, and Payment Information

Subscription Overview

When you purchase a subscription for specific Pharmacy Services and Products, your subscription will automatically renew at the end of each period unless you choose to pause it beforehand through your patient profile. You can manage this through your account to prevent unwanted renewals. Price Adjustments: We may adjust the subscription fees from time to time. If we do, we'll make reasonable efforts to notify you before the new price is applied. Any price changes will be effective from the beginning of your next subscription period. By continuing to use our services after the price change, you are agreeing to the new pricing. If the new price does not suit you, you can unsubscribe prior to the price change.

Errors in Pricing

If any details on our platform are incorrect due to typographical errors or third-party information discrepancies, we reserve the right to refuse or cancel orders placed with incorrect pricing. Even if an order is confirmed, we may cancel it, and if payment has already been made, we will issue a refund to your account promptly.

Payments for Pharmacy Services and Products

When making a purchase on our platform, your total payment will include: The cost for Pharmacy Services, which we collect on behalf of your Pharmacy. The shipping and delivery fees for Prescription-Only Medicines (POM Products), also collected on behalf of your Pharmacy. Fees related to accessing our platform and using its features via your Patient Account. Applicable taxes. We accept all major payment methods authorised within the UK, including direct debit, credit/debit cards, and third-party platforms. If using a credit card, we may request pre-approval for the transaction amount. For recurring payments, charges will be billed automatically to the payment method associated with your Patient Account.

Managing Your Payment Information

You are responsible for ensuring that your payment information is accurate, up-to-date, and valid. If you need to change your payment method, you can update your account details online. Please be aware that any updates to payment methods may temporarily delay payment processing while we verify the new details. If payment from your designated payment method fails, we will automatically attempt to charge an alternative payment method linked to your account.

Recurring Charges Authorization

By subscribing, you authorize us to charge your selected payment method automatically for Pharmacy Services and Products, as outlined on our platform. This agreement allows us to bill you according to the pricing posted, which may change over time. If we encounter any issues processing your payment (e.g., insufficient funds or incorrect payment details), we may take additional steps to collect the outstanding amounts, including applying fees as permitted by law. You can revoke this authorization at any time by logging into your Patient Account and pausing your subscription before the next renewal date.

Right to Withdraw or Cancel

As a consumer, you are entitled to certain cancellation rights under the Consumer Contracts Regulations. However, there are some important exceptions: 1. Medicinal Products: You cannot cancel contracts related to prescription medicines or products supplied under the guidance of a healthcare professional. 2. Non-Medicinal Products (OTC Products): For non-medical goods, you may cancel your order within 14 days of purchase. However, if the product has been opened, it cannot be returned, and no refund will be issued for used items. Faulty Products: If you receive faulty or damaged products, you can return them for a refund, but they must be in their original, unused condition (unless the product is faulty).

Shipping and Delivery

Please note that all Prescription-Only Medicines (POM Products) are shipped directly by your Pharmacy. We do not handle the shipping process, but we coordinate the purchase and payment through our platform for your convenience.

Liability and Limitations of Responsibility

For All Users: Consumers and Businesses

We are committed to ensuring fair and lawful service to all users, and as such, we do not limit or exclude our liability in situations where it would be unlawful to do so. This includes: Negligence: We are fully responsible for any injury or death caused by our negligence or the negligence of our employees, agents, or subcontractors. Fraud: We are also liable for any instances of fraud or fraudulent misrepresentation.

For Medical Practices, Clinics, Hospitals, and Other Business Users

If you are using our site as a business or healthcare professional, please be aware of the following: Exclusion of Implied Terms: We do not accept liability for any implied conditions, warranties, or representations related to our site or its content. Limitation of Liability: We are not liable for any loss or damage resulting from the use, or inability to use, our site. This includes any reliance on content displayed on the site. Specifically, we will not be held responsible for: Loss of profit, sales, or business revenue. Disruption or interruption to your business operations. Loss of anticipated savings or business opportunities. Damage to goodwill or reputation. Any indirect, consequential, or special damages that may arise.

For Individual Patients or Private Consumers

Our site is intended solely for personal, domestic use, and not for any commercial or business purposes. By using our site, you agree not to use it for profit-driven activities. We will not be liable to you for any business-related losses, including: Loss of profit or business. Disruption to your business operations. Loss of business opportunities. We are not liable for loss or damage, which arises from your failure to inform your doctor about any products or Pharmacy services which you access via our platform. Damages to Devices or Digital Content: If our supplied digital content causes damage to your device or other digital content due to our failure to exercise reasonable care and skill, we will either repair the damage or provide compensation. However, we will not be held liable for damages that could have been avoided by taking reasonable precautions that any prudent consumer might be expected to take. This includes actions like ensuring your device is equipped with virus protection and avoiding the opening of unknown files.

Third-Party Rights

Unless explicitly stated in these Terms, the provisions here are solely intended to benefit you, us, and our affiliates. These Terms are not designed to grant any rights or remedies to any third parties. Furthermore, the obligations or liabilities of any third parties are not affected or relieved by these Terms.

Assignment of Rights and Obligations

You are not permitted to assign, transfer, or delegate any part of these Terms or your rights and responsibilities under them without obtaining our prior written approval. However, we retain the right to transfer, assign, or delegate any portion of these Terms, along with the associated rights or obligations, at our discretion. These Terms will remain binding on and benefit the parties' respective heirs, successors, and authorized assignees.

Applicable Law and Dispute Resolution

For Individual Patients and Consumers

These Terms of Use, along with their subject matter and formation, are governed by the laws of England. By using our services, both you and we agree that any disputes will be exclusively handled by the courts of England and Wales. However, if you are a resident of Northern Ireland, you may also choose to bring proceedings in Northern Ireland. If you are located in Scotland, you have the option to initiate legal proceedings in Scotland as well.

For Business Users (Medical Practices, Clinics, Hospitals, etc.)

For businesses, including medical practices, clinics, and hospitals, these Terms, their subject matter, and formation---along with any non-contractual disputes or claims---are governed by English law. Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales for resolving any disputes.

Termination of Access

We reserve the right to suspend or terminate your access to our Platform, Products, or Services if you violate these Terms or any other policies or guidelines associated with our site. We may take this action without prior notice or liability to you. If your access is terminated, you must cease using our Platform immediately. We also reserve the right to pursue any legal remedies available to us in response to your violation of these Terms.

Indemnification

You agree to defend, indemnify, and hold us, as well as our affiliates, harmless from any and all claims, losses, liabilities, damages, or legal actions (whether in law or equity), including attorney fees and costs. This includes any incidents directly or indirectly arising from:

  • Your misuse or improper use of our Platform, Products, Services, or any content displayed on the Site.
  • A breach of these Terms or our Privacy Policy [https://sendscript.com/privacy-policy].
  • The content or subject matter of any information you provide to us, the Pharmacy, or customer service agents.
  • Any negligent or wrongful acts or omissions committed by you during the use of our Platform, Products, or Services, including but not limited to the infringement of third-party intellectual property or privacy rights.

How To Contact Us

To contact us:

Email: support@sendscript.com ,In-Platform Chat Support: Use the in-browser chat function available on our Platform. We are available for live chat between 9 AM - 5 PM (UK time), Monday Friday.

When contacting us, please include your account details or, if applicable, your order number. This will help us to identify you and address your issue more efficiently.

Communication in Writing:

For the purposes of these Terms, any reference to communication being made in writing includes communication made via onscreen messages, notifications, prompts, or other information provided to you through the Platform, or by email using the address you provided to us.

Please note: This does not apply to any legal document service requirements.