TERMS & CONDITIONS
PHARMAPPY END USER LICENCE AGREEMENT
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY ACCESSING OUR APP YOU AGREE TO THE TERMS SET OUT IN THIS END USER LICENCE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP ACCESSING OUR APP, AS YOU WILL NOT BE PERMITTED ACCESS.
TO REGISTER WITH OUR APP AND RECEIVE OUR SERVICE YOU MUST AGREE TO BE BOUND BY THESE TERMS – FAILURE TO CONSENT TO THESE TERMS MEANS THAT YOU WILL NOT BE ABLE TO REGISTER WITH OUR APP AND RECEIVE OUR SERVICE.
BY TICKING THE CHECK BOX WITHIN THE REGISTER SCREENS OF OUR APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
DEFINITIONS
App: means the mobile application developed by PharmAppy Services Limited.
Booking Cost: means the sum payable by you through the TPPP in respect of each order for a chargeable prescription made by you via the App and which you chose to pay for via the App. The Booking Cost will be subject to our Service Fee.
Device: means iOS / iPad OS or Android mobile device.
Our Service Fee: means the service fee in respect of each order for a chargeable prescription made by you via the App which requires payment.
Pharmacy: means the pharmacy businesses providing Services, or selling products through the App.
Services: means the services described in the section headed “Services” below and as further described in the App and any other services we may choose to offer from time to time.
Third Party Platform Terms: means, as applicable, Apple’s Google Android’s or any other relevant third party’s terms and conditions and privacy policies relating to the downloading and use of the mobile application from the platform on which the App is located.
TPPP: means the third-party payment processor, being Stripe or any other processer we may use from time to time to process payments on your behalf and the Pharmacy in relation to each order for a chargeable prescription made by you via the App and which you chose to pay for via the App.
“we”, “us” or “our” means PharmAppy Services Limited; and
“you” or “your” means the user of the App and/or Services.
IMPORTANT INFORMATION
You may only download and use the App and Services if you are 18 years of age or older.
If you have a medical emergency, you should call your doctor or the emergency services immediately.
The App and Services are to be used only as a communication tool and are provided by us for you to connect with your pharmacy (“Pharmacy” and / or “Pharmacies”).
The Pharmacies are independent and are not employed by or affiliated with us. We do not prescribe, dispense, or refill prescriptions.
We cannot guarantee the availability or successful delivery of communications with the Pharmacy. We are not responsible for any loss, cost or charge you incur if communications are unavailable at any time. You are responsible for making contact with the Pharmacy by alternative means if the connection with the Pharmacy becomes unavailable.
Any output from the App does not constitute medical advice, diagnosis or treatment. You should always talk to a qualified medical professional about any medical conditions. Any decisions you take affecting your health should always be made in consultation with a qualified medical professional.
You acknowledge that the App is solely to enable you to order prescriptions and track the progress of the prescription, act as a helpful backup reminder system that you can personalise for taking medications and to enable you to book appointments with the Pharmacy direct. You should not and must not rely on the App as your primary tool for determining whether and when to take medication.
The enablement of the reminder system with respect to any drug or product is not a recommendation or endorsement by us for such drug or product.
The App will not function properly if your device is broken or powered off, if the App software is not enabled, if any hardware or software on your device prevents the App from operating as intended or lacks signal or data connectivity. The maintenance of your mobile and computing devices is your responsibility.
You acknowledge that the App, and the utility of any of its alerts or notifications, depends on information that you input into the App.
You acknowledge that the App and Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App and Services meet your requirements.
We only supply the App and Services for domestic and private use. You agree not to use the App and Services for any commercial, business or resale purposes.
Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied that the content on our App is accurate, complete or up-to-date. You should not plan to do, or refrain from doing, anything in reliance upon the App content without first checking the accuracy of the relevant content by some other means.
Our App and Services are specifically designed for use in the United Kingdom and if you use them elsewhere you should check in that country or region that it is appropriate and lawful for you to do so.
The terms of our privacy policy (as may be updated from time to time) are incorporated into this EULA by reference. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
By using the App or any of the Services, you consent to us collecting and using technical information about your device(s) and related software, hardware for Services that are internet based or wireless to improve our products and to provide any Services to you.
Note the provisions relating to the nomination of your chosen Pharmacy below.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
PharmAppy mobile application software, the data supplied with the software, and any updates or supplements to it (“the App”).
The related documentation accessible via the App (“Documentation”).
The service you connect to via the App and the content we provide to you through it (“Service”).
as permitted in these Terms.
YOUR PRIVACY
We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk.
As noted in the privacy policy the Pharmacy will hold and process the personal data that you provide through your use of the App for the purpose of providing the repeat prescription service and scheduling appointments requested by you. You acknowledge and accept this processing of your personal data. The Pharmacy is responsible for the provision of the repeat prescription service to you and should you have any issues with this service you should contact the Pharmacy as appropriate.
APPSTORES’ TERMS ALSO APPLY
The ways in which you use the App, Documentation and Service may also be controlled by Apple Inc’s rules and policies and Google Inc’s rules and policies (the “APPSTORES’ TERMS”). The respective APPSTORES’ TERMS will apply instead of these Terms where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
This App and Service requires an iOS / iPad OS device on iOS 13 or later, or Android device, both with a minimum of 800MB of memory and the iOS / iPad OS or Android operating systems. ONLY stock operating systems distributed by these manufacturers are permitted. For example, iOS / iPad OS devices that have been jailbroken or Android devices that have been rooted are NOT permitted to use this App or Service.
SUPPORT FOR THE APP AND HOW TO US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.pharmappy.com.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at patientsupport@pharmappy.co.uk.
How we will communicate with you. If we have to contact you we will do so by email or by SMS, using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these Terms you may:
download or stream a copy of the App onto any iOS or Android device and view, use and display the App and the Service on such devices for your personal purposes only.
use any Documentation to support your permitted use of the App and the Service; and
receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
CONSENT TO NOMINATION
When you download the App you will be asked to nominate a particular Pharmacy.
If at any time you wish your nomination to be removed you may do so be either informing the Pharmacy or by nominating an alternative Pharmacy. If you remove your nomination from the Pharmacy then you should also uninstall this App from your device(s).
To use the App you will need to provide the following personal data:
Alternatively, the Pharmacy will have sent you an SMS which contains a code unique to you. To use the App you will need to enter the code together with your data of birth.
For the avoidance of doubt, you acknowledge that by using this App the personal data referred to above will be shared with and held by your chosen Pharmacy as appropriate and that they will share certain data regarding your condition and prescription(s) with us so that the information is available to you through the App. As the App is facilitating the transfer of information regarding your healthcare with the Pharmacy we will process that personal data in accordance with their instructions as required to provide the Services to you.
SERVICES
The App is intended to:
YOUR USE OF THE APP AND SERVICES
You are responsible for checking all information provided to you by the App in accordance with the medical advice you have received.
In parts of the App you are able to interact with third parties. You must ensure that any such interaction by you will not:
We may remove any postings or other interaction at our entire discretion.
We have no obligation to monitor, censor or edit the content of any material transmitted or received by you. You are responsible for the content of any material you transmit.
You are responsible for obtaining and maintaining your device and for ensuring that it is compatible with the App. We have no responsibility or liability with respect to your device.
We may change the minimum specification required to access the App at any time. We give no guarantee that you will have access to the App on your device (or continue to have access to the App). We shall not be liable to you if any such change in specification results in your device becoming incompatible with the App or becoming unable to perform, within the App, all of the functions previously performed.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the mobile provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
You must (a) use the App in compliance with all applicable laws; and (b) comply with applicable third party terms of agreement when using the App (including your wireless data service agreement with your mobile provider and the APPSTORES’ TERMS.
If you pay for your prescriptions and your linked Pharmacy offers in-app payment through PharmAppy, payments are processed by the TPPP. Their terms can be found at (https://stripe.com/gb/checkout/legal) and may also be displayed on payment processing pages. They are set and enforced by the TPPP and we have no control over them. We cannot be held liable for any failure by the TPPP to process payments on your behalf.
ACCURACY OF PRODUCT INFORMATION
We take care to ensure that all product information available from the Pharmacy’s product listings is accurate. However, these are continually developing and information may be out of date. Medical, commercial and legal practice change frequently and the content on the App, in any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For accurate up-to-date information you should contact us and/or your GP directly.
DISCLAIMER
Pharmacy actions and omissions: The legal contract for the supply and purchase of products is between you and the Pharmacy that you place your order with. We have no control over the actions or omissions of any Pharmacy. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the App:
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App, Documentation and the Service as set out above. You may not otherwise transfer the App, Documentation or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
Certain Services, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App, Documentation or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
LICENCE RESTRICTIONS
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
You must:
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these Terms.
LIMITED WARRANTY
Unless otherwise required by any applicable law we provide the App and the Services on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the appropriateness of using the App and assume any risks associated with your exercise of permissions under these Terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are not liable for any failure by the Pharmacy to respectively dispense or prescribe the medicine as requested by you through the App or for any failure by the Pharmacy to make the correct medicine available for collection within a particular time frame. If you have any concerns in relation to your medication please contact the Pharmacy directly.
If you use the App to send in a prescription request, then we shall not be responsible if: (i) the medication ordered is incorrect (including errors in respect of the drug name, drug form, quantity or strength) or (ii) the Pharmacy dispenses the wrong medicine to you. Always check the medicines you receive from the Pharmacy and if you have any concerns then you should raise them with the Pharmacy.
If you use the ‘pill reminder’ function on the App then we shall not be held responsible if you incorrectly select which medication you want to be reminded to take and/or which time you want to take the medication at.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. We exclude all liability for loss which is not an obvious consequence of our breach of these Terms or failure to use reasonable skill and care or if, at any time you accepted these Terms, neither you nor us knew it may happen.
The provision of the App and the Service may not be uninterrupted or error free. Also, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet. You acknowledge that the App and the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
Our maximum aggregate liability under or in connection with these Terms (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £50 sterling. It is your responsibility to input any requested details into the App accurately including, the reminders service of the App. We shall not be liable for any loss or damage caused by you inaccurately providing information to the App.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. We only supply the App (and provide the Services) for domestic and private use. You agree not to use the App (or any Service) for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App (and any Services) as described meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
TERMINATION OF YOUR RIGHTS TO USE THE APP AND THE SERVICES
We may end your rights to use the App and Services immediately by written notice to you:
If we end your rights to use the App and Services:
You must stop all activities authorised by these Terms, including your use of the App and any Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
You should speak with the Pharmacy to find another way of accessing your prescriptions.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.