Terms & conditions

These general terms and conditions ("Legal Terms") together with our Privacy Policy and our Cookie Policy define our agreement with you ("Agreement") and provide you with information about us, our products and services, which can be obtained from our website ("Site") and mobile app ("App"). You will be able to complete online medical consultations with, and obtain private medical prescriptions from, Doctors, and to obtain treatments from an Approved Pharmacy or a pharmacy of your choice. These Legal Terms govern also the ownership and use of our materials, documentation and Intellectual Property Rights.

Please note that these Legal Terms may be varied from time to time. Please read these Legal Terms carefully and make sure you understand them and agree with them before you use and buy anything on our Site or via our App. Before you can complete an order on our Site or via our App, you will be asked to accept these Legal Terms. By accessing and using our Site or our App or otherwise indicating your consent, you acknowledge, accept and agree to be bound by these Legal Terms, and the documents referred to in them.

If you do not agree with or accept any of these Legal Terms, you should stop using our Site or our App immediately.

The details of this Agreement will not be filed with any relevant authority by us.

1 Definitions

In this Agreement:

Approved Pharmacy means a partner pharmacy that we might be cooperating with, and which may sell, supply and dispatch medicinal products to you;

Content means any text, images, video, audio or other multimedia content, software or other information or material on our Site or App;

Cookie Policy means the policy, which governs how we use cookies in our Site;

Doctor or Doctors means cooperating EU-qualified and EU-based doctor or doctors who will provide medical services to you for their account and at their risk, and will diagnose and treat your medical condition(s);

Legal Terms means the general terms and conditions set out in this Agreement;

Privacy Policy means the policy, which governs how we process any personal data collected from you;

Products means prescription-only medicines or other healthcare goods;

Services means online consultations with, and prescriptions issued by Doctors;

We or us or our means Hexpress Healthcare Limited, also referred to in this Agreement as the ‘Company’; and

You or your means the person accessing or using our Site or App and their content, to buy products and services.

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 is a reference to a clause of or schedule to this Agreement, unless the context otherwise requires; 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 Using our Site or App

2.1 Our Site or App is for your personal and non-commercial use only.

2.2 If you buy products and services on or via our Site or App, you agree to be legally bound by:

2.2.1 These Legal Terms and any documents therein;

2.2.2 Supplementary terms, which may add to, or replace parts of, this Agreement (this may happen for legal, regulatory or security reasons); and

2.2.3 Specific terms which apply to certain products and 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 our Site or App; and

2.3.2 Keeping your password and other account details confidential.

2.4 If you access our Site or App from outside the UK, you are responsible for compliance with the laws of your country or local laws as applicable.

2.5 We seek to make our Site and App user-friendly. If you have any difficulties using our Site or App, please contact us at [email protected].

2.6 We may prevent or suspend your access to our Site or App if you do not comply with any part of these Legal Terms, any other terms or policies to which they refer or any applicable laws.

3 Rights and Responsibilities

This Agreement sets out your legal rights and responsibilities, our legal rights and responsibilities, and key information required to be provided under relevant laws. It is the responsibility and the obligation of Doctors to write and review your medical information and prescribe treatments, and of the Approved Pharmacy to supply the prescribed products to you.

Please note that the Approved Pharmacy is responsible for the supply and the delivery of the products to persons residing in the European Union (EU) or in the European Economic Area (EEA).

3.1 Who we are

• Hexpress Healthcare Limited is a company registered in England under company registration number 07600912, and its registered office address is at 106 Lower Addiscombe Road, Croydon CR0 6AD, United Kingdom. Hexpress Healthcare Limited is an authorised UK Internet pharmacy and its UK VAT number is GB 121 3176 59.

3.2 Regulatory organisations

• Hexpress Healthcare Limited is registered with and regulated by the following organisations:

  - 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. For more information, click here: https://ico.org.uk/ESDWebPages/Entry/Z2900979.

• The Approved Pharmacy, Apotheek Bad Nieuweschans B.V, is a company registered in the Netherlands under the identification number BTW-nr NL852576262B01, whose registered office address is at Verlengde Hoofdstraat 1 D, 9693 AB Bad Nieuweschans, Netherlands, K.v.K. Noord-Nederland 57429154, and which trades as a mail-order pharmacy in the Netherlands, and is registered with and regulated by the CIBG agency within the Ministry of Health, Welfare and Sport.

3.3 Prescription and supply of medication

3.3.1 We will provide you with access to an online consultation with a cooperating EU-qualified and EU-based doctor ("Doctor"), who will diagnose and treat your medical condition(s).

3.3.2 The prescription service provided by the Doctors is for their account and at their risk.

3.3.3 Consultations, prescriptions and treatments are subject to these Legal Terms.

3.3.4 We believe that it is in your best interests that you inform your local General Practitioner ("GP") about this consultation. This is to ensure they can continue to provide you with ongoing monitoring and care.

3.3.5 All products will be dispensed by an Approved Pharmacy or by any other pharmacy of your choice, and authorised pharmacists, pursuant to prescriptions issued by Doctors. You will be asked to consent to your prescription being transmitted to an Approved Pharmacy or any other pharmacy of your choice, and to accept their general terms and conditions. Full details of Doctors, the Approved Pharmacy, and pharmacists are available on our Site https://www.euroclinix.net/de.

3.3.6 The products will be sold, dispensed and dispatched to you by an Approved pharmacy or any other pharmacy of your choice.

3.4 Warranties

3.4.1 Warranties by you

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

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

3.4.2 Warranties by us

a) We warrant and undertake that your consultation questionnaire will only be viewed by a Doctor and his or her medical staff for the purpose of treating your medical condition.

b) We warrant and undertake that any prescription that a Doctor may issue or any product he or she may prescribe is only filled and dispensed by qualified and registered pharmacists.

3.5 Description of medication

The description of the medication is subject to prescription.

3.6 Price

The prices of the products and medical services are subject to prescription and medical conditions.

3.7 Ordering products and services

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

3.7.2 You place an order on our Site or App by completing and submitting an online medical questionnaire which is reviewed and assessed by a Doctor. The Doctor may then issue a prescription which is dispensed by an authorised pharmacist. Please read and check your order carefully before submitting it.

3.7.3 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.

3.7.4 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:

(a) We cannot authorise your payment;

(b) You are not allowed to buy the products or services;

(c) The Doctor refers you to your GP;

(d) You have ordered too many products or services within a specific period of time; and

(e) There has been a mistake on the pricing or description of the products or services.

3.7.5 We will only accept your order when we email you to confirm this. At this point, a legally binding contract will be in place between you and us, between you and the Doctor and between you and the Approved Pharmacy.

Please note that we are not selling and supplying the products to you and we are not responsible for dispatching or arranging the delivery of the products to you and, if you choose to buy the products from the Approved Pharmacy or any other pharmacy of your choice, you accept their general terms and conditions and you accept that your purchase of the products and the delivery of the products to the address of your choice will be subject to the general terms and conditions of the Approved Pharmacy or any other pharmacy of your choice.

3.7.6 The Approved Pharmacy may not always be able to supply you with the products prescribed by Doctors and may need to substitute them with alternative products of equal or better standard and value.

3.7.7 The packaging of the products may be different from that shown on our Site or App.

3.7.8 Medication will be charged per prescribed item.

3.7.9 Nothing in this Agreement affects your legal rights.

3.8 Payment

3.8.1 We accept various methods of payment including but not limited to debit and credit cards such as Visa, Visa Electron, MasterCard, and American Express, and cheques. Please note methods of payments being made available to us may change from time to time.

3.8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the products 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.

3.8.3 Your credit card or debit card will only be charged when either your prescription is transmitted to a pharmacy of your choice or the products are dispensed and dispatched to you by the Approved Pharmacy.

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

3.8.5 The price of the products is in:

(a) Pounds sterling (£)(GBP); or

(b) Another European currency or non-European currency.

3.8.6 You will be responsible for paying VAT, where applicable.

3.8.7 The delivery fees will be collected by us when you pay for your order as agent for the Approved Pharmacy and will be passed on to them. Similarly, the delivery fees will be collected by us when you pay for your order as agent for any other pharmacy of your choice, subject to that pharmacy having provided to us their prior consent for such fee collection to take place. The Approved Pharmacy or any other pharmacy of your choice will perform their delivery of your products to you under a separate contract between you and them. The contract between you and us does not include the sale of the products and any delivery services.

3.8.8 Please note that you shall be responsible for paying and VAT or other taxes (as applicable). If you are located in the EU/EEA and you buy products from the Approved Pharmacy or any other pharmacy of your choice, you must must make sure that your ordered products are compatible with the laws of your country.

3.9 Supply and Refund

Supply

3.9.1 The products will be supplied to you by, and you will be bound by the terms of delivery of, the Approved pharmacy or any other pharmacy of your choice.

Right to cancel and Refund

3.9.3 In view of the type of products and services offered on or via our Site, you have no automatic right to cancel. Please read the general terms and conditions of the Approved Pharmacy or of any other pharmacy of your choice.

3.9.4 We may cancel your order at any time, with immediate effect, after notifying you, and we may cancel an order before the dispensing of products or provision of services takes place. If we cancel an order and you have paid in advance, but the products or services have not yet been provided to you, any refund will be subject to these Legal Terms and to the general terms and conditions of the Approved Pharmacy or of any other pharmacy of your choice. You will not be entitled to a refund in where the supply of products and services is prevented, delayed or hindered because of an action you have taken or for reasons beyond our control or unrelated to us and/or to the Approved Pharmacy.

3.9.5 Please note we cannot guarantee that you will not incur any fees as a result of the reimbursement.

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

4 Ownership and Intellectual Property Rights

4.1 We own the Site and App and all Intellectual Property Rights in them. 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 Legal Terms. This means, for example, that we remain owners of these rights and free to use them as we see fit.

4.2 All material contained and presented on our Site or App, 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 our Site or App is strictly prohibited unless you have our prior written permission. Any copies of the pages of our Site or App 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 our Site or App (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within our Site or App.

4.5 Nothing in these Legal Terms grants you any legal rights in our Site or App other than as necessary to enable you to access our Site or App.

5 Software

5.1 Software may be made available for you to download in order to help our Site or App 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, non-commercial use only.

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

6 Submitting information to our Site or App

6.1 Whilst we try to make sure that our Site and App are 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"), and you agree not to submit to us 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 our Site or App 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 our assets or any parent company, subsidiary, affiliate or division, or as the result of a change in control or in preparation for any of these events. Any third party to which we transfer or sell 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 our Site or App 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 these Legal Terms.

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

7 Accuracy of information and availability of the Site

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 our Site or App. Whilst we try to make sure that our Site and App are accurate, up-to-date and free from bugs, we cannot promise that they will be. Furthermore, we cannot guarantee that our Site and App will be fit or suitable for any purpose. Any reliance that you may place on the information on our Site or App is at your own risk.

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

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

7.4 Whilst we try to make sure that our Site or App is available for your use, we cannot guarantee that our Site and App will available at all times or that you will be able to use them without interruption.

8 Hyperlinks and third party websites or apps

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

9 Limitation on our liability

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:

a) Were not foreseeable to you and us when this Agreement was formed, and

b) 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 our Site or App 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 Services offered or information provided on our Site or App 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 prior to making any such decision.

9.4 Services and materials on our Site or App are provided by us on an "as is" basis, and we expressly disclaim any and all warranties (subject to clause 3.4.2 above), express or implied, to the extent permitted by applicable laws.

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

9.6 Our Site and App may be viewed or accessed outside the United Kingdom, but must not be used in a place where the law of another jurisdiction governs the use of our Site or App. We cannot guarantee that any documentation on our Site or App may be used anywhere outside the United Kindgom or that the use of these documents will comply with the laws in force in locations outside the jurisdiction of the courts of England and Wales. Access to our Site or App from territories where their content is illegal or unlawful is prohibited under these Legal Terms. We do not accept any liability for any event arising from your illegal use of our Site or App from locations outside the United Kingdom.

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

10 Privacy Statement

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 our Site or App, we ask you to register on it by requiring you to enter your personal information, including sensitive personal data. 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 applicable laws.

10.3 In respect of the above-mentioned 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 Doctors’ services.

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

10.5 Our Site and App may contain links to other websites or apps. However, we do not share your personal information with those websites or apps and are not responsible for their privacy practices. We encourage you to read the privacy policies of those websites or apps. Accordingly, this Privacy Statement and our Privacy Policy apply only to our Site and App and not to linked websites or apps.

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

10.7 Cookies are used on our Site to improve quality.

10.8 In accordance with the Privacy and Electronic Communications Regulations, 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 our Site or App. By using our Site or App, you agree to the terms of this Privacy Statement and of our Privacy Policy. You should check both our Privacy Statement and of our Privacy Policy periodically.

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 our behalf by third party providers that we may use from time to time.

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

11 Events beyond our control

We shall have no liability to you for any breach of these Legal 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.

12 Variation

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

13 Disputes

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 the services and any other matter.

13.3 If you are dissatisfied with the outcome of your complaint, you can contact the MHRA on 020 3080 6000 or at [email protected].

14 Third party rights

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

15 Auto Repeat Prescription service

15.1 Our Auto Repeat Prescription service ("ARPS") allows you to continue your treatment without interruption (between review dates set by Doctors) via the continuous supply of your medication further to your obtaining repeat prescriptions from Doctors ("ARPS subscription"). Prescriptions are Doctors' written authorisations for patients to purchase prescription-only medicines from an Approved Pharmacy or a pharmacy of your choice. Under an ARPS subscription, you can obtain from Doctors your repeat prescriptions at a discount. Your Auto Repeat Prescription product ("APP") will be supplied to you on a recurring basis subject to Doctors' recommendations and we will charge your payment card. By purchasing an APP from an Approved Pharmacy or pharmacy of your choice, 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 Doctors. Please note that some treatments are only available under the ARPS. Please note also that the fees displayed on our Site cover the overall service costs.

15.2 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, we will not charge your payment card any further, and the Approved Pharmacy or pharmacy of your choice will no longer supply and 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 the provisions of clause 3 apply to refunds pertaining to your ARPS subscription. Please note also that your ARPS subscription will be cancelled should Doctors determine that your ARPS subscription is no longer necessary or relevant to the treatment of your condition, and the cancellation provisions in this Agreement shall apply.

16 Governing law and Jurisdiction

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 of England and Wales, and are subject to the exclusive jurisdiction of the courts of England and Wales.

June 2022