You should print a copy of these terms and conditions for future reference.
1. Information about us
1.1 Smart Chemist is the trading name of Smart Health Europe Ltd, a company incorporated in England and Wales under company number 10448174.
1.2 The medicine is dispensed and posted from Smart Health Europe Ltd by recorded delivery. Smart Health Europe Ltd is registered with the General Pharmaceutical Council (GPhC) with number 9010581. You can contact us using the following email address firstname.lastname@example.org.
2. Our Services and how you should use our Services
2.1 Smart Chemist - What we do
- We provide medical consultations based on online questionnaires you complete, telephone conversations, secure messaging and photo assessments.
- If we determine based on our medical assessment that you are suitable for treatment we will issue a private prescription, which will be dispensed and posted by our registered pharmacy.
- We provide follow-up medical advice to address any side effects and other issues arising from treatment.
- Where you agree, we keep your GP informed.
2.2 Our website is only intended for use by people resident in the European Union. We do not accept orders from individuals outside the European Union.
2.3 By placing an order through our website, you confirm that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old;
- You are resident in the European Union; and
- You are accessing our website from the European Union.
- You are entering information that is correct and true
2.4 You must use our website and Services with care and in compliance with the below:
- The provision of Services to you is conditional on you completing all consultation questionnaires contained on our website truthfully and honestly. You must reveal and disclose all relevant information truthfully to the best of your knowledge.
- We cannot and are not liable for any damages which results from a failure of you to follow advice given on the website or from your failure to pass on information given on the website to your regular healthcare provider. You accept that the advice given on the website does not replace your regular healthcare provider. You must tell your regular healthcare provider about treatment and medication we supply.
- All the information contained on our website is in English. You are solely responsible for ensuring that you understand the questions in the questionnaires you complete on our website. You must speak to Smart chemist and/or your regular health care provider if you do not understand a question or are unsure how you should answer certain questions or you do not fully understand the advice or information given to you on our website.
- If medicine is prescribed and dispensed to you, you are responsible for checking that the medicine is the correct medicine prescribed by Smart Chemist on our site and that such medicine is not damaged in any way. If in doubt, you must contact Smart Chemist to seek advice and/or replacement as required.
- You must carefully read all product packaging and labels prior to use.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
- You place the order for your medication on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website
- We will send you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance.
- When your medication is dispatched from our pharmacy we will send you a dispatch confirmation email.
- Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the medication ordered unless we have notified you that we do not accept your order, or you have cancelled it.
- Your credit/debit card will be charged when you place your order
Non-acceptance of an order may be a result of one of the following:
- The medicine you ordered being out of stock or unavailable
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- A prescription could not be issued (at the discretion of the duty prescriber)
- You do not meet the eligibility to order criteria set out in the main Terms & Conditions
4. Accessing our website
4.1 Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period.
4.2 From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.
4.4 You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
5. Our website changes regularly
5.1 We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely.
5.2 Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material although we endeavour to update materials regularly.
6. Intellectual property rights
6.1 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
6.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
6.5 You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
7. Our liability
7.1 The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy.
7.3 Subject to clause 7.4 below, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website and Services, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- Death or personal injury arising from our negligence;
- Fraudulent misrepresentation or misrepresentation as to a fundamental matter; or
- Any other liability which cannot be excluded or limited under applicable law.
8.1 In order to use the service, you will be required to register with Smart Chemist and to create a personal secure online patient record. We reserve the right to suspend or terminate access at any time if we believe that your continued use of our services will prejudice others or us. By registering to use the service, you:
a. confirm that the information you provide is accurate and complete; and
b. agree to keep your username and password confidential and to take reasonable steps to protect and not to share the login details for your online patient record with anyone;
c. must not create more than one account with Smart Chemist;
d. confirm that you are aged 18 or over;
and e. allow us to run an identity check to prevent fraud and ensure patient safety.
9. Written Communication
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. Viruses, hacking and other offences
10.1 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
10.2 You must not attempt to gain unauthorised access to our site, the server on which our website is stored or any server, computer or database connected to our site.
10.3 By breaching this clause 10, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
10.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
11. Linking to our website
11.1 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 in any way whatsoever, but 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.
11.2 You must not establish a link from any website that is not owned by you.
11.3 Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.
11.4 If you wish to make any use of material on our website other than that set out above, please address your request to email@example.com.
12. Links from our website
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Jurisdiction and applicable law
13.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
14. Information about you and your visits to our website
14.2 By using our website, you consent to such processing and you warrant that all data provided by you is accurate.
15. Entire Agreement
17. Your concerns
If you have any concerns about material which appears on our website or concerns with regards to our Services, please contact firstname.lastname@example.org.