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Terms of use

1 THESE TERMS AND CONDITIONS

1.1 These terms and conditions (together with the documents referred to in it) (collectively, these “Terms”) set out the basis on which you may make use of the website www.frommars.com (our “Site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our Site.

1.2 By using our Site, you indicate that you accept these terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.

1.3 We recommend that you print a copy of these Terms for future reference.

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 prescription medicines 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 sold and supplied to you by our pharmacy, FROM MARS 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 Products which are not prescription only medicines will be sold to you by us, or such other entity notified to you at the point of sale.

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 HEALTHCARE 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, WE DO SO IN GOOD FAITH AND THE INFORMATION MADE AVAILABLE TO YOU HAS BEEN PREPARED BY US USING OUR KNOWLEDGE AND EXPERIENCE IN THE HEALTHCARE INDUSTRY. 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 treatment we prescribe and medication supplied by our Pharmacy.

4 THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

4.1 Our Privacy Policy (“Privacy Policy”), which also applies to your use of our Site, sets out the terms on which we process any personal data we collect from you, or that you provide to us. We will only use your personal information as set out in our Privacy Policy.

4.2 If you request an online consultation, or purchase medicines or other products from our Site, our Terms of Service (“Terms of Service”)will apply to the provision of such consultations and the sale of such medicines or products. Please note that the contract for the sale of prescription only medicines will be between you and our Pharmacy. The contract for sale of products other than prescription only medicines will be between you and us, or such other entity as notified to you at the point of sale.

5 WE MAY MAKE CHANGES TO THESE TERMS

We may amend these Terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the Terms that apply at that time.

6 WE MAY MAKE CHANGES TO OUR SITE

We may update and change our Site from time to time to reflect changes to our products, our users’ needs, our business priorities or for any other reason.

7 WE MAY SUSPEND OR WITHDRAW OUR SITE

7.1 Access to our Site is permitted on a temporary basis and is available free of charge. We do not guarantee that our Site, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

7.2 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

8 ACCESSING OUR SITE

8.1 Our Site is directed to people residing in the UK and the EU. We do not represent that content available on or through our Site is appropriate for use or available in other locations.

8.2 You must be at least 18 years old to use our Site and to purchase any products or medications available via the Site.

8.3 From time to time, we may restrict access to some parts of our Site, or our entire Site, to those users who have registered with us. Please see below for more details on how to register for an account with us.

8.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

8.5 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

8.6 You must use our Site in compliance with our Acceptable Use Policy at all times (as set out at paragraph 13 below).

9 REGISTRATION

9.1 If you wish to request an online consultation, or to purchase any products or medications from our Site, you will first have to register for an account with us, and for prescription only medicines, you will first have to complete and submit our online consultation questionnaire, which our clinicians will then review to determine if it is appropriate to accept your prescription request.

9.2 Please ensure that all information you provide to us on registration and when completing your online consultation questionnaire is true and accurate, current and complete. If there are any changes to the details supplied to us it is your responsibility to inform us straight away. Changes to your details should be made through your account page.

9.3 We reserve the right to refuse to accept any application to register for an account on our Site for any reason.

9.4 Please see our Terms of Service for more important information on the process of completing and submitting your online consultation questionnaire.

10 INTELLECTUAL PROPERTY RIGHTS AND HOW YOU MAY USE MATERIAL ON OUR SITE

10.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

10.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others to material posted on our Site.

10.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

10.4 Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

10.5 You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

10.6 If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11 CONTENT ON THIS SITE

11.1 The content on our Site is provided without any representations, guarantees, conditions or warranties as to its accuracy or completeness or as to whether it is up to date.

11.2 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11.3 This Site may include information and materials uploaded by other users of the Site, such as product reviews. This information and these materials have not been moderated, verified or approved by us. The views expressed by other users on our Site do not necessarily represent our views or values. If you wish to complain about any information and materials uploaded by other users please contact us at [email protected]

12 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 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 and for fraud or fraudulent misrepresentation.

12.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or medications to you, which will be set out in our Terms of Service.

12.3 Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4 We accept no liability for any loss of data or for any indirect or consequential loss or damage of any kind however arising, which may be suffered by you in connection with our Site.

12.5 If defective digital content, that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, 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.

13 ACCEPTABLE USE POLICY

13.1 Whenever you make use of a feature that requires or allows you to upload information or content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in this Acceptable Use Policy.

13.2 In relation to the use of our Site:

13.3 Any material which you contribute or upload to our Site must be true, accurate and correct, comply with applicable law and must not be defamatory of any person, obscene, offensive, hateful or inflammatory, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringe any copyright, database right or trade mark of any other person, be likely to deceive any person, breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence or impersonate any person, or misrepresent your identity or affiliation with any person.

13.4 You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

13.5 You may use our Site only for lawful purposes. You may not use our Site:

13.6 You also agree:

13.7 Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store and copy that content as described in paragraph 14 below.

13.8 You are solely responsible for securing and backing up your content.

14 RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our Site, you grant us (and our group companies, affiliates, clinicians and pharmacies) a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute and display your content in connection with the products and services provided by our Site and across different media and to promote our Site or the products and services.

15 VIRUSES, HACKING AND OTHER OFFENCES

15.1 We do not guarantee that our Site will be secure or free from bugs or viruses.

15.2 You are responsible for configuring your information technology, computer programmes, device and platform to access our Site. You should use your own virus protection software.

15.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

15.4 You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

15.5 By breaching this paragraph 15, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

15.6 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any Site linked to it.

16 LINKING TO OUR SITE

16.1 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it in any way whatsoever, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

16.2 You must not establish a link from any Site that is not owned by you.

16.3 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy set out in paragraph 13 above.

16.4 If you wish to make any use of material on our Site other than that set out above, please address your request to: [email protected]

17 LINKING TO OUR SITE

If you are a consumer, please note that these Terms, 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, 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.

18 OTHER IMPORTANT TERMS

18.1 These Terms constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of our Site.

18.2 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 Terms.

18.3 If any of these Terms 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.

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: June 15, 2020