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Terms of Service

1 THESE TERMS AND CONDITIONS

1.1 These website terms of service (“Terms of Service”) set out the basis on which we make available online consultation services to you, and sell our products and medications to you, via the website www.frommars.com (our “Site”), including the terms on which we will provide you access to our non-prescription and prescription only medicines (“Prescriptions”).

1.2 When you request an online consultation Prescription Plan and/or buy something from our Site, you demonstrate that you accept these Terms of Service and that you agree to abide by them.

1.3 Please take some time and read these Terms of Service carefully before you place any order with us. You will find out who we are, how we provide services, products and/or medication to you, how we can change or end our contract with you, what to do if there is a problem and lots of other important information.

1.4 If for any reason you do not agree to these Terms of Service, you must not purchase services, products or medications from our Site.

2 INFORMATION ABOUT US

2.1 Our Site is operated by Planet Health Limited (“we”, “us” or “our”). We are a company incorporated in England and Wales under company number 11689910. Our registered office address is Lynwood House, 373-375 Station Road, Harrow, England, HA1 2AW. Our VAT number is: GB 319 2848 81. 81. We are a limited company.

2.2 You can contact us using the following email address: [email protected]

2.3 The clinicians we engage are registered in the United Kingdom with: (i) the General Pharmaceutical Council and each hold accredited pharmacist independent prescriber qualifications; or (ii) the General Medical Council and are each Registered Medical Practitioners. The clinicians are trained in providing remote consultations and issuing prescriptions online. The clinicians are individually responsible for the prescriptions they issue.

2.4 Unless we notify you otherwise at the time of purchase, any prescription only medicines we prescribe are supplied to you by our pharmacy, FromMars Pharmacy (the 'Pharmacy'), whose address is 209B Chipstead Valley Road, Coulsdon, Surrey, England CR5 3BR, registered with the General Pharmaceutical Council under GPhC number 9011216. An EU common logo appears on the websites of online retailers that are registered in an EU Member State to sell medicines online. Our Pharmacy has been approved to sell general sales list, pharmacy medicines and prescription only medicines online via our Site.

2.5 If we need to contact you for any reason we will do so as often as possible through the messaging platform on the Site. However, if that is not possible for whatever reason we will contact you by phone, SMS, email or post to the telephone number, email address or postal address that you provided in your order. When we say “writing” or “written” in these Terms of Service, this includes emails and/or SMS.

3 DISCLAIMER

3.1 THE INFORMATION AND CONTENT ON OUR SITE IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT AIMED AT PROVIDING SPECIFIC ADVICE TO ANY INDIVIDUAL AND SHOULD NOT BE RELIED UPON BY YOU IN MAKING (OR REFRAINING FROM MAKING) ANY DECISIONS REGARDING YOUR HEALTH OR WELLBEING. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER HEALTH CARE PRACTITIONER BEFORE TAKING OR REFRAINING FROM ANY COURSE OF ACTION OR TREATMENT.

3.2 WHERE WE PROVIDE YOU WITH OPTIONS OF TREATMENTS AND/OR PRODUCTS BASED ON YOUR INDICATIONS, WHILST THE INFORMATION MADE AVAILABLE TO YOU HAS BEEN PREPARED BY US IN GOOD FAITH USING OUR KNOWLEDGE AND EXPERIENCE IN THE HEALTHCARE INDUSTRY, IT IS ONLY A GUIDE AS TO WHAT TREATMENT MIGHT BE APPROPRIATE. WE ARE NOT ENDORSING OR ADVERTISING ANY PRODUCTS DISPLAYED ON OUR SITE. IT IS YOUR RESPONSIBILITY TO REVIEW THE INFORMATION AVAILABLE TO YOU, TO DISCUSS THE SAME WITH A HEALTHCARE PROFESSIONAL (IF APPROPRIATE) AND TO DETERMINE THE MOST APPROPRIATE TREATMENT FOR YOU.

3.3 PLEASE ALSO BEAR IN MIND THAT WHILST A TREATMENT MAY BE LINKED TO AN INDICATION ON OUR SITE, THERE IS NO GUARANTEE THAT TREATMENT WILL BE SUCCESSFUL.

3.4 You accept that the advice given on our Site does not replace your regular healthcare provider. You must tell your regular healthcare provider about any treatment prescribed by our clinicians and medication supplied by our Pharmacy.

4 HOW WE MAY USE YOUR PERSONAL INFORMATION

4.1 When you submit an order, you will need to provide us with information about yourself. We use the information: for prescription only medicines, to review your medical information for example, your personal medical details (age, weight, height, gender) and the information submitted in the online medical questionnaire and to allow our clinicians to confirm whether the requested prescription or treatment is deemed clinically appropriate; to supply the products to you (for example, your delivery address); to process your payment for the products (for example, your billing address and payment details[,we only store the last four digits of your payment card]); and if you agreed to this when ordering, to give you information about similar products we feel you might like - you can stop receiving this information at any time by contacting us at [email protected]

4.2 By registering on our Site, you will create a secure online electronic patient record which will contain the following information: (i) copy of these Terms of Service, our Terms of Use and our Privacy Policy which you clicked and accepted; (ii) messages you receive from us; (iii) your personal details and your answers submitted in each online consultation; and (vi) your orders. You acknowledge and agree that we may archive your electronic patient records including your personal information, communication and treatments for a minimum of 8 years following the last consultation unless otherwise required by applicable law and regulatory guidance issued by the Department of Health.

4.3 Our Privacy Policy (“Privacy Policy”) sets out the terms on which we process any personal data we collect from you, or that you provide to us. By requesting an online consultation and/or purchasing products from our Site, you consent to such processing and you warrant that all data provided by you is accurate.

5 OUR CONTRACT WITH YOU

5.1 After you have placed your order, we will email you to confirm that we have received your order.

Prescription only medicines

5.2 For prescription only medicines, you will be required to complete and submit our online medical consultation questionnaire, which will be reviewed by our contracted clinician. Please see paragraph 6 below for more information on the consultation process. Our clinicians will review and decide whether or not to approve your request for the ordered treatment. We will send you another email to confirm we have accepted your order if one of our clinicians has assessed your medical information, confirmed that the treatment is clinically appropriate and has issued your prescription to the Pharmacy. If we confirm that we (or the prescribing clinician) have issued your prescription to the Pharmacy and accepted your order a contract will come into existence between you and the Pharmacy. We will not take payment for prescription only medicines until we have accepted your order.

Other products

5.3 If you order any product that is not a medicine, we will send you an email to confirm whether we have accepted your order. If we have accepted your order, the contract will come into existence between us. An online consultation is not usually necessary and you will be charged for the product at the time your order is accepted by us. If there are exceptions to this rule, you will be notified at the time of ordering the product.

All products

5.4 Professional codes of conduct and legal restrictions may limit the number and frequency of any item we and/or our Pharmacy are permitted to supply to you. Our contracted clinicians, at their absolute and sole discretion, may take the decision to reject any order placed by you in order to comply with such codes of conduct and legal restrictions.

5.5 We reserve the right to reject any order placed on our Site. If we are unable to accept your order, we will let you know and you will be refunded in full to the same payment method. We cannot accept your order if the clinicians decide that the medicine ordered is not clinically appropriate. Sometimes we also cannot accept orders because the product is out of stock, because of unexpected limits on our resources, because we have noticed an error in the price or description of the product or because we are unable to meet a delivery deadline that you have specified.

5.6 Refunds may take up to 14 days to appear in your bank account.

5.7 Products are delivered within the UK and EU only. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.

5.8 Customs, duty and import fees (including tariffs and tax) (“Fees”) may apply if your products are shipped to a destination outside of the UK or EU. These Fees are not included in our delivery charges. Products are delivered duty unpaid. This means that we are responsible for transportation costs in the delivery of the products but not for paying any Fees relating to your product(s) which are imposed at the destination. You are responsible for paying all such Fees directly to the relevant authorities.

6 PRESCRIPTION ONLY MEDICINES AND THE CONSULTATION PROCESS

6.1 PLEASE NOTE, when ordering any prescription medicines and non-prescription medicines for certain other conditions (as indicated on our webpages), you will first have to complete and submit our online medical consultation questionnaire. The questionnaire has been prepared with a view to ensuring our clinicians have sufficient information about you to determine whether or not to issue your requested prescription.

6.2 When completing your questionnaire, please ensure that the information you give to us is true, accurate and complete.

6.3 It is your responsibility to let us know if approval from your GP is required when completing our online consultation questionnaire. If indicated in your questionnaire, we will arrange for a copy to be sent to your nominated GP as well as our clinician. Our contracted clinician may also contact your GP if our clinician determines it is in your best interests to do so. If you provide us with contact details for your GP we, or our clinician, may contact them to discuss your prescription request. We will also retain your contact details in order to notify you of any issues, or any advisory cautions we receive from suppliers or pharmaceutical companies in relation to any medication or products you have ordered through our Site.

6.4 When you submit your questionnaire to us, if you provide us with your NHS number you are giving us consent to access your Summary Care Record from the NHS. Our clinician may deem it appropriate to access your Summary Care Record in order to verify and fulfil your order.

6.5 Once completed and submitted, our clinicians will review the questionnaire to assess whether you are suitable for remote medical treatment and whether the ordered treatment is clinically appropriate for you

6.6 Following submission of your questionnaire our clinicians aim to respond to you within 24 hours. You accept that once you have submitted the questionnaire you can cancel your order for prescription medicines up until the point where the clinician issues your prescription (i.e. before you receive an email confirming that your order has been accepted).If, however, our clinicians determine that you are not suitable for remote medical treatment we will notify you that we cannot treat you and the product will not be sold to you and you will not be charged. We will only charge your payment method if your order is approved by the clinician and a prescription issued.

6.7 If our clinicians approve and issue a prescription, you will receive confirmation of your Prescription Plan and the prescription will be sent electronically and securely to our Pharmacy. The Pharmacy will sell, supply, dispense prescription only medicines to you directly in its own name, in accordance with these Terms of Service and your Prescription Plan, which shall be packaged for postage by us.

6.8 If the clinician requires further information, you will receive an email with further details. The order will not be processed until you have replied to the clinician’s message.

6.9 All communication between you and the clinician must be done via the secure messages portal by logging into your online account on the Site. The customer service email [email protected] should only be used for general website queries.

6.10 Subject to our clinician’s professional discretion, if your GP is contacted with details of your prescription request, unless they request our clinician to stop processing the order, it will be fulfilled if determined appropriate to do so by our clinician. We have no control over, and take no responsibility for your GP, or for any failure by your GP to review your questionnaire, to contact our clinician or to contact you.

6.11 Even if your GP contacts you to discuss the request, if our clinician has determined it is clinically appropriate to accept your order, we will do so. Only if your GP contacts us or the clinician requesting us to reject the order, will the order be cancelled.

6.12 If your prescription request is approved, you will benefit from 6 months of a “quick check-in” process, so next time you order the same prescription, you will only be required to confirm if anything with your health or wellbeing has changed. Your account will be linked to your medical form collated as part of your initial consultation.

6.13 Details of all consultations and questionnaires are retained in accordance with all applicable laws

7 PRESCRIPTION PLANS

All prescription only medicines and certain non-prescription products (“Prescription Products”) are sold to you on a Prescription Plan basis as follows:

7.1 On placing an order for a Prescription Product, and subject to our clinician approving you for a minimum of a 1- month supply of a prescription only product, you agree to purchase at least a 1-month shipment of the Prescription Product (please note, a 1-month shipment is the default shipment frequency setting). Alternatively, and subject to our clinician approving you for a minimum of a 3-month supply of a prescription only product, you may select a 3-month shipment (and you will receive a 5% discount if you agree to purchase at least a 3-month supply of the Prescription Product. For prescription only medicines, the foregoing is subject to the clinical appropriateness assessment by the clinician (as detailed above).

7.2 Your Prescription Plan will continue until you cancel it, subject to our clinician approving you for an appropriate number of refills. We will require your consent to bill your card before each shipment is made. Subject to your cancellation rights, you provide us with a continuous payment authority to charge your payment method for the specified amount on approval of your order and at monthly or 3-monthly intervals (as applicable) following such approval date. Each payment will be taken on or around the same day of each month (as detailed in your order confirmation unless the order is cancelled by you in accordance with these Terms).

7.3 You can cancel your Prescription Plan at any time by logging into your online account on the Site and selecting “Cancel” within your Prescriptions pages or by notifying us at [email protected] that you wish to cancel. We must receive your request or notice to cancel your Prescription Plan more than 72 hours before your next billing date. If we receive the request or notice less than 72 hours before your next billing date your Prescription Plan will only be cancelled at the end of the following month or 3-month period (as applicable) and we will still take payment for your next shipment of your Prescription Product.

7.4 We will contact you at least 5 business days before each shipment of your Prescription Product is due to notify you that your next shipment will be arriving soon. We will ask you to inform us if there have been any side effects or adverse changes in your medical condition, or if you otherwise do not wish to receive further Prescription Products. We may also contact you from time to time during your Prescription Plan to confirm the same and to verify that the information we have on file about your health and medication is still current and accurate and to ask you to notify us of any changes where it is not.

7.5 In order to keep your Prescription Plan active you must respond to any requests for information from us within the time period set out in the request. If you do not confirm the information we have on file about your health and medication is still accurate (in accordance with paragraph 7.4) or update your details if there has been a change, within the requested time period, we may cancel or pause your Prescription Plan.

7.6 We also reserve the right to cancel your Prescription Plan and not to supply you with any further Prescription Products (or any other products available on our Site) if you notify us of any side effects or adverse changes in your medical condition and we will cancel your Prescription Plan if you inform us that you do not wish to receive further Prescription Products or if you fail to respond to requests for information within the required time period.

7.7 Subject to paragraph 7.3 above, once we have confirmed we have received your cancellation notice you will not be charged for any further supply and no further Prescription Products will be dispatched to you.

7.8 If you cancel your Prescription Plan, you cannot place a new order for the same Prescription Product within the same monthly or 3-month shipment period (as applicable) and must wait until the next monthly or 3-month billing date has passed. You may also be required to resubmit your online consultation questionnaire if your Prescription Plan relates to prescription only medication.

7.9 Where your Prescription Plan relates to prescription only medication, in order to keep your Prescription Plan active, and to continue receiving prescription only medicines, you must renew your prescription request every six months from the date your first prescription request for that medicine was accepted by the clinician. To renew your prescription request, you must log into your FromMars account and complete a new online consultation questionnaire. You will receive an email notifying you when you need to renew your prescription. If you have not renewed your prescription in accordance with this paragraph within six months of when your then current prescription was issued we may cancel or pause your Prescription Plan.

7.10 If your payment fails and you do not update your payment details when prompted we may cancel or pause your Prescription Plan.

7.11 We may also need to terminate or pause your Prescription Plan if the requested Prescription Product is unavailable or out of stock

7.12 If your Prescription Plan is terminated for any reason, payments received relating to dispatched Prescription Products will not be refunded.

8 OUR PRODUCTS

8.1 The images on our Site are for illustrative purposes only. Your product may vary slightly from the Site images.

8.2 All products shown on our Site are subject to availability.

8.3 On receiving your order, and before using any product, you should carefully read any information which accompanies the product (including but not limited to the Patient Dispensing Label, the patient information leaflet) and you acknowledge and agree that you will only use the product in accordance with such information and instructions. Any failure to follow such information is at your own risk.

8.4 You should stop taking the medication and seek immediate advice from your doctor or other healthcare practitioner if you experience any significant side effects.

8.5 Please note that we may de-blister certain medicines from their original packaging and supply them to you using our own packaging. This is with the intention to aid your medication compliance, adherence and general ability to take the medication easily and conveniently. You acknowledge that due to this process of de-blistering and packaging the shelf life of medicines may be reduced. You agree that you will not take any medicine beyond its stated expiry date.

9 YOUR RIGHTS TO MAKE CHANGES

If you want to make any changes to your order please get in touch. If the change you have asked for is possible we will let you know about any changes we need to make to the price of the order, the timing of delivery or anything else which is different as a result of the change. We will also check whether you want to go ahead with the order on this basis. If we cannot make the change or you are not happy with the consequences of making the change, you may want to end the contract (please see paragraph 11 for more information).

10 HOW WE WILL PROVIDE THE PRODUCTS

10.1 Our delivery charges are set out on the Site.

10.2 During the order process we will let you know when we will provide the products to you or we will contact you with an estimated delivery date. If you have a Prescription Plan, details of your delivery plan will be provided to you in your Prescription Plan confirmation.

10.3 All deliveries are fulfilled by our preferred courier service. On delivery to your address a signature will always be required for you to accept delivery. If no one is available at your address to sign for delivery, the courier will leave you a note informing you how to rearrange delivery unless you direct us otherwise. Where the parcel is taken to the delivery depot, if you do not then either collect the products from a delivery depot or contact us to re-arrange delivery we will contact you for further instructions and details (including details of any additional delivery costs). If we are unable to contact you or re-arrange delivery or collection we may end the contract and paragraph 13 will apply.

Late Delivery

10.4 If our supply of the products to you is delayed by any event that is outside our control then we will let you know as soon as we can but we are not responsible for delays that are outside of our control.

10.5 If we miss the delivery deadline set out in the confirmation of your order then you can treat the contract for sale of the product as at an end if either: (a) we have refused to deliver the products; or (b) you told us, before we accepted your order, that delivery by the delivery deadline was essential.

10.6 If you do not wish to treat the contract as terminated, or do not have the right to do so under paragraph 10.4, you can email us at [email protected] and we will arrange a new deadline for delivery.

10.7 If you do decide to treat the contract as at an end under paragraph 10.4 you can cancel your order for any of the products or reject products that have been delivered. You also have the option of rejecting or cancelling the order for some of the products. When you have let us know, we will then refund any sums you have paid to us for the cancelled products (including any delivery charges). If the products have already been delivered to you, you must post them back to us within 30 days or allow us to collect them from you. We will pay the costs of postage or collection. Please email us at [email protected] for a return label or to arrange collection.

Ownership

10.9 The product(s) will be your responsibility from the time of delivery to the address you gave us. You own the product(s) once we have received payment in full following acceptance of the order.

Suspending the contract

10.10 We may have to suspend the supply of a product to:

  • manage a technical problem or to make minor technical changes; or

  • make any required updates to the product to reflect changes in relevant laws and regulatory requirements.

10.11 We will contact you to tell you if we will be suspending supply of the product. You may contact us to cancel your order if we suspend it, or tell you we are going to suspend it, for a period of more than 30 days. We will refund any sums you have paid in advance for the product.

10.12 If you do not pay us for the products when you are supposed to (please see paragraph 15.2) and you still have not paid us within 10 days of us reminding you to do so, we may suspend your Prescription Plan and supply of the products until you have paid us any outstanding amounts. We will let you know if we do suspend your Prescription Plan and the supply of the products.

11 YOUR RIGHTS TO END THE CONTRACT

11.1 In addition to your rights to cancel a Prescription Plan with us as detailed above at paragraph 7, your rights, if you decide to end a contract with us will depend on what product you have bought, if there is anything wrong with it, how we are performing our obligations and at what point you decide to end the contract:

  • if you want to end the contract because of something we have done please see paragraph 11.2;

  • if you have just changed your mind about the product, see paragraph 11.3. For safety reasons, we do not accept returns of prescription or non-prescription medicines;

  • if what you have bought is faulty or does not match the description provided online you may have a legal right to end the contract, to get the product repaired or replaced, or to get some or all of your money back, see paragraph 14;

  • cancelling the order, see paragraph 11.4.

11.2 Is it something we have done? If you end the contract because of one of the reasons described below, it will end immediately on you notifying us and you will be refunded in full for any products which have not been provided. It is possible that you may also be entitled to compensation. The reasons are:

  • we have told you about a change to the Terms of Service which you do not agree to;

  • there was an error in the price or product description on our Site and you do not wish to proceed with your order;

  • we have let you know that supply of the products may be significantly delayed because of events outside our control;

  • for technical reasons the supply of the products has been suspended for more than 30 days; or

  • we have done something which gives you a legal right to end the contract.

11.3 Have you changed your mind? If you are unhappy with the products please do let us know.

Medicines: For safety reasons, we cannot accept the return of any medicines (whether prescription or non-prescription) as the Pharmacy is not able to reuse them. If you have unwanted medicine, please take it to a local pharmacy for safe disposal.

For orders relating to products (which are not medicines - whether prescription or non-prescription), you have 14 days to change your mind about the products beginning after the day you receive the products, unless they are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the products. This excludes sealed products, which are not suitable for return due to health or hygiene reasons if unsealed after delivery (unless these items were damaged or faulty when delivered to you or have been incorrectly delivered).

11.4 Cancelling your order. You can cancel your order for prescription medicines up until the point where the clinician issues your prescription (i.e. before you receive an email confirming that your order has been accepted).If you want cancel your order in these circumstances, just contact us at [email protected] to let us know.

12 HOW TO END THE CONTRACT WITH US

12.1 Subject to your rights to cancel Prescriptions (detailed at paragraph 7 above), if you want to end a contract with us, you can do so by logging into your online account on the Site and selecting “Cancel” within the relevant pages or by letting us know via email to [email protected]

12.2 If you end a contract with us for any reason after products (other than medicines, whether prescription or non-prescription) have been dispatched to you or you have received them, you must return them to us or arrange for a collection. Please email us at [email protected] for a return label and to be provided with the returns address. You must post them back to us at the address provided by us. If you are exercising your right to change your mind you must return the products within 14 days of telling us you wish to end the contract. As mentioned above, we cannot accept the return of medicines (whether prescription or non-prescription) as the Pharmacy is not able to reuse them.

Costs

12.3 We will pay the costs of return:

  • if the products are faulty or do not match the description provided online; or

  • if you are ending the contract because of one of the reasons listed in the paragraph “Is it something we have done?”

In all other circumstances (including where you are exercising your right to change your mind) you will be required to pay the costs of return or collection. These charges will be the same as our standard delivery charges.

Refunds

12.4 If you are entitled to a refund, the price paid for the products including delivery costs, will be refunded to you by the same method that you used to pay. We may make some deductions from the price, as described below.

12.5 If you are exercising your right to change your mind in relation to products (other than medicines, whether prescription or non-prescription) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products where this was caused by your handling them in a way which would not be permitted in a shop. For example if you open or damage the product your refund will be reduced. Returned items must be unused and in their original packaging. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

12.6 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

13 OUR RIGHTS TO END THE CONTRACT

13.1 We may also end the contract in some situations including if: (a) you fail to pay us when payment is due and you still do not make payment within 10 days of us reminding you that payment is due; or (b) you do not allow us to deliver the products to you or collect them from us within a reasonable time.

13.2 If we end the contract in the situations set out in paragraph 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result.

14 IF THERE IS A PROBLEM WITH THE PRODUCT

14.1 Please contact us if you have any questions or complaints about the product. You can contact us over SMS and/or email using the contact details posted on the About Us page or contact our customer service team by sending us a message through your online account (which we recommend) or emailing us at [email protected]

14.2 We have a legal duty to supply products that are in conformity with this contract. Legally the products you receive must be as described, they must be fit for purpose and they must be of satisfactory quality.

14.3 There are some exceptions to these legal rights. For information please visit the Citizens Advice website https://www.citizensadvice.org.uk/ or call 03444 111 444.

14.4 If you wish to exercise any of your legal rights to reject products under this paragraph 14, you must either post them back to us or allow us to collect them. We will pay the costs of postage or collection. Please email us at [email protected] for a return label or to arrange collection.

15 PRICE AND PAYMENT

15.1 An indicative price for your product (which includes VAT) will be set out on the Site when you place your order. This price will be finalised after consultation but remain subject to changes to your order by you, such as volume of the product in the order. We take care to make sure that the price of the product advised to you is correct. However, it is always possible that something may be incorrectly priced. We will contact you if the price you have been given is wrong and ask you whether or not you want to continue with your order.

15.2 We accept payment by any major credit or debit card and certain other payment methods detailed on the Site from time to time. For prescription medicines, we will not charge your payment method until your prescription is approved. For all other products and non-prescription medicines, we will charge your payment method once we accept your order. If you think a charge is wrong please contact us at [email protected] or send us a message from your FromMars account promptly to let us know.

16 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

16.1 We only supply products for domestic and private use. We are not liable for any business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.2 Subject to clause 16.4, our maximum liability to you in relation to any order for products will be the amount equal to the price of the products you have ordered from us.

16.3 We are not responsible for any loss or damage that is not foreseeable.

16.4 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, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the products (including the right to receive products which are as described, of satisfactory quality, fit for any particular purpose made known to us).

17 WRITTEN COMMUNICATION

Applicable law requires that some of the information or communications we send to you should be in writing. When using our Site, we will contact you by e-mail, SMS or provide you with information by posting notices on our Site. 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.

18 JURISDICTION AND APPLICABLE LAW

If you are a consumer, please note that these Terms of Service, their subject matter and their formation, are governed by English law. The courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms of Service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

19 OTHER IMPORTANT TERMS

19.1 The contract for the sale and supply of medicines is between you and the Pharmacy. Other than you, the Pharmacy and Planet Health Limited, no other person shall have any rights to enforce any of these Terms of Service.

19.2 These Terms of Service (together with our Terms of Use and Privacy Policy) constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the purchase of products via our Site.

19.3 We may transfer our rights and obligations under these Terms of Service 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 Terms of Service.

19.4 If any of these Terms of Service are found by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19.5 If we delay in taking steps against you when you break this contract, that will not mean that you do not have to do what we ask in order to remedy your breach and it will not prevent us taking steps against you at a later date.

If you have any concerns about the material which appears on our Site or concerns with regards to our services, please contact: [email protected]

Last updated: February 6, 2020