Terms and conditions
Terms and Conditions
These Terms also govern the ownership and use of any materials, documentation and intellectual property rights belonging to us or any of our associates (“Material”).
Please read these Terms carefully and make sure that you understand them. Before you place an order for a Product on the site or via the App (an “Order”) or if you wish to access any of our other Services, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be allowed access to our App or to order Products or Services from the site.
1. Information about us
1.1 We are HR Healthcare Limited t/a treated.com, a company registered in England with company number 06790962 and our registered office at Unit 18 Waters Meeting, Britannia Way, Bolton BL2 2HH (the “Company”, “we” or “us”). Our VAT number is GB 275 6735 64. We are responsible for operating the site and the App.
1.2 We are authorised by the Medicines and Healthcare products Regulatory Agency (“MHRA”) to sell medicines online. See our MHRA register entry at https://medicine-seller-register.mhra.gov.uk/search-registry/192.
1.3 We are regulated by the Care Quality Commission (“CQC”) to provide certain healthcare services, including the provision of online consultations and prescribing. See our CQC register entry at https://www.cqc.org.uk/location/1-2416531663.
1.4 We are registered with the General Pharmaceutical Council (“GPhC”) to operate a registered pharmacy with registration number 9010946. See our GPhC register entry at https://www.pharmacyregulation.org/registers/pharmacy/nameortown/treated.
Our superintendent pharmacist is Ms Sanjeda Chowdhury, with GPhC number: 2202465.
2. Contacting us
2.1 If, for any reason, you need to contact us, the easiest way is to contact us directly by email at firstname.lastname@example.org or by telephone on 0207 043 0716 on Monday to Friday between 0900 and 1700. To help us to identify you, please include your account details or, if applicable, your Order number.
2.2 Where reference is made in these Terms to communication being made in writing, this shall be taken to include communication made by us by way of onscreen message, notification, prompt field or other communication or information provided to you via the site, the App or by email using an email address, which you have provided to us for communication with you. The provisions of this clause shall not apply to the requirements of service of any documents in legal proceedings.
3.1 By registering to access the Services, you confirm that:
3.1.1 the information you provide to us is accurate and complete; and
3.1.2 you are aged 18 or over.
4. Communication and security
4.1 By accepting these Terms and by using the App, you are communicating with us electronically and, in doing so, you are deemed to consent to receiving communications from us electronically. Electronic communications include, but are not limited, to emails, notifications, alerts, prompts, disclosures and information fields or other information provided via the site or the App. You agree that any electronic communication made to you by us is sufficient to satisfy any legal requirement that such communication be made to you in writing.
4.2 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. You must not disclose it to any third party.
4.3 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 reasonable opinion you have failed to comply with any of these Terms.
4.4 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
5. The Services
5.1 The site and the App facilitate your access to the Services, which include:
5.1.1 an online clinical assessment for the purpose of: (i) our clinicians (who are either GMC registered doctors or registered independent prescribers) issuing private prescriptions (“Prescriptions”); and (ii) our pharmacists supplying medication (“Prescribed Medicines”) to you in accordance with such Prescriptions (the “Medicines Service”);
5.1.2 a video consultation service that is arranged between you and one of our prescribers for the purpose of discussing via a live video link a requirement for a Prescription, a Prescribed Medicine or for any other healthcare matter, including but not limited to for the purpose of issuing statements of fitness for work (“fit notes”) (the “Treated Live Service”). Users of the Treated Live Service may also have access if required to a referral service, pursuant to which we may refer you to a recommended specialist healthcare consultant for further treatment or assessment (the “Referral Service”). The Referral Service forms part of the Treated Live Service;
5.1.3 an NHS repeat prescription nomination and ordering service (the “NHS Repeat Prescription Service”); and
5.1.4 if you are a healthcare professional, granting you access to an online portal on the site or the App through which you can upload your CV with a view to being considered for employment with or engagement by us to provide your services to our customers (the “Recruitment Service”);
(each a “Service” and together the “Services”).
6. The Medicines Service
6.1 Please note that the Medicines Service is provided on a subscription basis (the “Medicines Service Subscription”), which means that, where appropriate and agreed and subject always to clinical review, you will be sent regular supplies of Prescribed Medicines in accordance with the directions of one of our prescribers.
6.2 You can suspend or cancel your Medicines Service Subscription at any time without penalty by notifying us at any time up to the point before we despatch your Order.
6.3 If, after you have set up your Medicines Service Subscription, you wish to change your Medicines Service Subscription, you will need to contact us. However, please note that any request to change your Medicines Service Subscription will be subject to the consideration and approval of one of our prescribers, who will need to be satisfied that it is clinically appropriate to amend your Medicines Service Subscription in accordance with your request.
6.4 Our prescribers may amend your Medicines Service Subscription at any time if they consider it appropriate to do so. For example, this may occur if a particular brand of your Prescribed Medicine is unavailable but an alternative clinically equivalent brand with a different price is available. This may mean a change in the cost of your Medicines Service Subscription, which we will automatically charge you for the applicable Order. We will use reasonable endeavours to notify you in advance of any such changes that are made by the prescriber, and the associated cost changes to you.
6.5 We have the right to change the prices of the Prescribed Medicines that are made available through the site or the App at any time during your Medicines Service Subscription. Subject to the above, we will provide you with no less than 10 (ten) days’ notice of our intention to change our prices. Once we have notified you, and if you have not contacted us to suspend or cancel your Medicines Service Subscription, you will automatically be charged the new price of the Prescribed Medicine for your next Order.
7. The Treated Live Service
7.1 The Treated Live Service is provided during the hours of 0600 to 2300, subject to prescriber availability, in accordance with a pre-booking system, further details of which are set out on the site or the App.
7.2 The cost of each 10 (ten) minute video consultation is £25 (twenty five) pounds.
7.3 If the connection breaks during the video consultation, we will contact you to arrange an alternative time for your video consultation.
7.4 If you require further time in video consultation with the doctor, you will be given the opportunity to either extend the video consultation (subject to availability) or arrange an alternative time and date for another video consultation, which will be subject to our standard charges.
7.5 If, during the video consultation, you require the prescriber to issue you with a Prescription, there will be an additional charge of £9 (nine pounds) for this Service (the “Prescriber’s Fee”). The Prescription can either be sent to a pharmacy of your choice or dispensed by us. If you choose to have the Prescription dispensed by us, the Prescriber’s Fee will be waived and included in the price of the Prescribed Medicine, as advertised on the site or the App.
7.6 If you choose to have the Prescription dispensed by a pharmacy other than us, upon receipt of payment of the Prescriber’s Fee, we will contact your nominated pharmacy and check that the Prescribed Medicine is in stock and then confirm with you by email the time and date of collection from the nominated pharmacy.
7.7 If you require this Service in order for a prescriber to issue you with a fit note, there will be an additional charge of £15 (fifteen pounds) for this Service (the “Fit Note Fee”).
7.8 If the prescriber considers that it is appropriate to issue a fit note, this will be made available to you for downloading from your patient area of your online account upon receipt of payment of the Fit Note Fee.
8. How we use your personal information
8.3 We will use the personal information you provide to us in order to:
8.3.1 verify your identity;
8.3.2 enable us to provide you with Products and/or Services;
8.3.3 facilitate payments and refunds for Products and/or Services;
8.3.4 enhance and improve the quality of Products and/or Services that we provide;
8.3.5 comply with requests made by regulatory bodies and/or as otherwise required by law;
8.3.6 provide relevant information to your regular healthcare providers or, in the case of the Referral Service, to an alternative specialist consultant; and/or
8.3.7 prevent fraud and/or other relevant criminal offences.
8.4 We use identity verification services in order to check your details, which are checked against multiple sources, including the electoral roll and credit reference agencies. By agreeing to these Terms, you are giving us permission to make these checks. If we cannot verify your identity using these checks, we will contact you requesting further evidence of your identity.
8.5 You give your consent for information about yourself, your health and your current medications including, but not limited to:
8.5.1 in the case of the Medicines Service, the information you provide as part of the online clinical assessment;
8.5.2 in the case of the Treated Live Service, the information that you provide as part of your video consultation;
8.5.3 in the case of the NHS Repeat Prescription Service, the information that you provide on or in relation to your NHS repeat prescription;
8.5.4 in the case of the Recruitment Service, the information that you provide in or related to your CV; and/or
8.5.5 in the case of the Referral Service, the information that you provide for the purpose of being referred to a recommended specialist healthcare consultant for further treatment or assessment,
to be viewed and exchanged by and between us and our employees and agents and with any relevant third parties, including other healthcare professionals and their administrative staff for the purpose of supplying Products and/or the relevant Services to you.
9. We may make changes to these Terms, the site or the App
9.1 We may amend these Terms from time to time.
9.2 Every time you wish to use the site or the App, please check these Terms to ensure you understand the terms and conditions that apply at that time.
9.3 We may revise these Terms as they apply to the Services from time to time to reflect the following circumstances:
9.3.1 changes in relevant laws and regulatory requirements; or
9.3.2 where we, in our absolute discretion, deem it necessary or desirable.
9.4 Notwithstanding clause 9.1, if we revise these Terms as they apply to the Services that you order, we will endeavour (but without obligation) to contact you to advise you of the changes.
9.5 We may also update and change the site or the App from time to time to reflect changes to the Products and/or Services, our users’ needs and our business priorities.
10. Linking – the site
10.1 Links to third party websites on the site are provided solely for your convenience. If you use these links, you leave the site. We have not reviewed these third party websites and do not control and are not responsible for these websites, their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites that are linked to the site, you do so entirely at your own risk.
10.2 You may link to the home page of the site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
10.3 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.
10.4 You must not establish a link to the site in any website that is not owned by you.
10.5 The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page.
10.6 We reserve the right to withdraw linking permission without notice.
10.7 If you wish to link to or make any use of content on the site other than set out above, please contact firstname.lastname@example.org
11. Cancellation by you
11.1 You can cancel any Service with immediate effect at any time by giving us written notice if:
11.1.1 we breach these Terms in a material way and we have failed to remedy the breach not less than 14 (fourteen) days from the day upon which you notified us in writing of that breach;
11.1.2 our performance under these Terms is affected by an “Event Outside Our Control” under clause 21; or
11.1.3 we enter liquidation or upon the appointment of a receiver or administrator over our assets.
11.2 You can cancel the following Services with immediate effect at any time by giving us written notice in the following circumstances:
The Medicines Service and NHS Repeat Prescription Service:
11.2.1 at any time up to the despatch of the Prescribed Medicine; and
Treated Live Service:
11.2.2 up to 10 (ten) minutes prior to the commencement of the pre-agreed video conference booking.
11.3 If you cancel the Treated Live Service other than in accordance with clause 11.2.2, we reserve the right to charge you a cancellation fee of £15 (fifteen pounds).
12. Cancellation or suspension by us
12.1 We may from time to time have to cancel an Order or Service, due to:
12.1.1 an Event Outside Our Control, as defined in clause 21; or
12.1.2 the unavailability of a prescriber or Material, without which we are unable to fulfil the Order or perform the Service.
12.2 In the event that we are unable to fulfil an Order or perform a Service pursuant to clause 12.1, we will notify you as soon as is reasonably practicable in writing.
12.3 If we cancel an Order or a Service pursuant to clause 12.1 and you have paid in advance but the Product or Service has not yet been provided to you, we will provide you with a full refund.
12.4 We may cancel your Order or Service at any time with immediate effect by giving you written notice if:
12.4.1 you do not pay us when you are required to; or
12.4.2 you are otherwise in breach of these Terms and you do not remedy your breach within 7 (seven) days of us asking you to in writing, or sooner if reasonably required.
12.5 From time to time, we will request certain information from you which may be confidential and/or covered by data protection legislation, for example, details of any medical conditions. If you do not provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the provision of the Services or the supply of the Products by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us and we will not be obliged to provide you with any refund in such circumstances.
13. Unacceptable use
13.1 We reserve the right to deny you access to the site or the App, or terminate the provision of Products and/or Services, including removal of your account and information, immediately upon notice, where we determine that you have materially breached these Terms or been abusive or have behaved in an inappropriate manner towards any employee or agent of the Company, including but not limited to:
13.1.1 using foul language, threatening, inappropriate, abusive, offensive behaviour or remarks;
13.1.2 engaging in any behaviour believed to be time-wasting; or
13.1.3 using the Services excessively or inappropriately, as determined in our reasonable opinion.
13.2 We accept no liability for any loss or damage that is caused by material that is uploaded to our site by you or any other user of the site, or that is taken from another website and published on the site. We may remove or edit content without notice if we consider that it may cause damage to or affect the rights of third parties, is not correct, or if it is defamatory or indecent.
13.3 We reserve the right to remove or reject content or corrupted files, which we suspect pose a risk to the site. We accept no responsibility for user-uploaded content which violates copyright law, and reserve the right to remove this without notice.
14. We may suspend or withdraw the site or the App
14.1 The site and the App are made available to you free of charge.
14.2 We do not guarantee that the site, the App or any Material on it or them will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the site or the App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
14.3 You are responsible for ensuring that all persons who access the site or the App through your internet connection are aware of these Terms and that they comply with them.
15. Dispatch of Products and Prescribed Medicines
15.1 For the Medicines Service, Products will be delivered directly to an address of your choosing. We will inform you of the delivery costs at the time of your Order and the expected date and time for delivery.
15.2 Once an Order has been processed, you cannot change the shipping or billing address.
15.3 Every Order placed through the site or the App is shipped using a tracked courier service.
15.4 After your Order has been dispatched, you will be sent a delivery tracking number. Clicking on this will take you to the courier services website and allow you to track the progress of your Order. Please note that such websites are operated by third parties, and we therefore accept no responsibility for any content on such websites.
15.5 For the NHS Repeat Prescription Service, your Prescribed Medicines will be delivered to you free of charge by second class Royal Mail delivery. Alternatively, if you elect for a faster delivery service, we will deliver your Prescribed Medicines by first class Royal Mail delivery for an additional charge, the costs of which will be displayed on the site or the App at the time you order your repeat prescription..
16. Display and availability of Products
16.1 Although we make reasonable efforts to update the Material on the site or the App, including descriptions of any Product or Service, we make no representations, warranties or guarantees, whether express or implied, that such Material is accurate, complete or up to date.
16.2 The images of the Products on the site or the App are for illustrative purposes only.
16.3 Products may vary from the images on the site or the App and we accept no responsibility for any reliance that you may place on the accuracy of the images used on the site or the App.
16.4 The packaging for the Products may vary from time to time to that shown on images on the site or the App.
16.5 All Products shown on the site or the App remain at all times subject to availability. If the Product you have ordered is unavailable, we will notify you as soon as possible and we will refund your payment promptly.
17. Price of Products and Services
17.1 Prices of the Products or Services will be as quoted on the site or on the App at the time you submit your Order. We take all reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto the site or the App.
17.2 Prices for Products or Services may change from time to time but changes will not affect any Order you have placed prior to the change.
17.3 The price of a Product or Service includes VAT (where applicable) at the applicable current rate chargeable in the UK.
17.4 The price of a Product includes collection or delivery charges, which shall be as stated on the site or the App at the time you place your Order.
17.5 The App and the site contain a large number of Products and Services. It is always possible that, despite our best efforts, some of these Products or Services may be incorrectly priced. We will normally check our prices as part of our dispatch procedures so that:
17.5.1 where the Product's or Service’s correct price is lower than the price stated on the site or the App, we will charge the lower amount when providing such Products or Services to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide such Products or Services to you at the incorrect (lower) price; and
17.5.2 if the Product's or Service’s correct price is higher than the price stated on the site or the App, we will notify you as soon as possible to inform you of this error and we will give you the option of continuing to order the Product or Service at the correct price or cancelling your Order. We will not process your Order until we have received your instructions.
18. Making payment
18.1 Payment for all Products and Services charges must be made in full at the time of placing your Order.
18.2 In the case of the Treated Live Service, you must provide us with your payment details at the time of ordering the Service. Upon acceptance of a video consultation booking, we will obtain pre-authorisation of the payment and, subject to these Terms, we will take payment upon completion of the video consultation.
18.3 Payment for Products or Services can be made by debit or credit card or relevant payment gateway.
18.4 You are responsible for providing valid debit or credit card details. We reserve the right not to provide Products or Services to you if your payment details have expired or are invalid. In such cases, we will attempt to contact you to enable you to provide updated information.
18.5 Payments are provided on a 'continuous authority' basis, allowing for further payments or refunds to your payment card if necessary.
18.6 To ensure that your debit or credit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered credit reference agency, which may keep a record of that information. This is done only to confirm your identity. A credit check is not performed and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with current and applicable data protection legislation.
18.7 In providing payment card details, you confirm that you are authorised to use the card and authorise us or our payment service provider to take payment in full for the items in your Order, postage and packing charges and any other charges that become due to us under these Terms.
19.1 The Consumer Rights Act 2015 allows consumers to claim a refund on faulty goods within 30 (thirty) days of receipt. In some cases, we may offer to replace a Product free of charge: if the first replacement item we supply also turns out to be faulty, you can claim a refund at this point, which includes the price you paid for it plus any postal charges. If you consider that any of the Products you have ordered are damaged or faulty, please contact us.
19.2 Your refund will be processed once we receive the returned Product. Refunds, if applicable, will only be made using the payment gateway and/or to the card originally used for payment and will take 5 (five) to 7 (seven) working days to be credited to your account, depending on your card provider.
19.3 We will refund any standard postage paid on Orders returned in full. We do not refund postage on return of part-Orders.
19.4 Unfortunately, you cannot return Prescribed Medicines, or anything that has a hygiene seal that has been broken. You have the right to reasonably inspect your items as you would in a shop, but you cannot return items that you have used, unless you are returning them because they are damaged or faulty.
19.5 You will not be entitled to a refund arising from:
19.5.1 the unavailability of any prescriber where the site or the App (as applicable) is functioning and an alternative prescriber is available to provide the Service;
19.5.2 a temporary interruption in the Service; or
19.5.3 any interruption in the Service through no fault of the Company.
19.6 By accepting these Terms, you agree that in respect of the Medicines Service, the Treated Live Service and/or the Referral Service, our prescribers may differ in their clinical opinions and, provided that the relevant Service is provided in accordance with the Terms, you will not be entitled to any refund in respect of any Service provided.
19.7 You will not be entitled to receive any refund in relation to any Service where the provision of such Service is restricted because of:
19.7.1 your absence;
19.7.2 insufficient or variable network connectivity;
19.7.3 a negligent act or omission by you; or
19.7.4 through no fault of the Company.
20. Our liability to you
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
20.1 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.
20.2 We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
20.2.1 loss or damage caused by you providing inaccurate or incomplete information;
20.2.2 loss of your emotional well-being including, but not limited to, any embarrassment caused;
20.2.3 loss of income or anticipated profits;
20.2.4 loss of opportunity;
20.2.5 loss of goodwill or injury to reputation;
20.2.6 losses suffered by third parties; or
20.2.7 any indirect, consequential, special or exemplary damages arising from the use of the service regardless of the form of action.
20.3 We accept full clinical responsibility to all of our patients to the fullest extent that the law requires for our performance of the Services. However, we will not be liable for any loss or damage (in contract, negligence or otherwise) where:
20.3.1 there is no breach of a legal duty of care owed to you by us;
20.3.2 the loss or damage is not a reasonably foreseeable result of any such breach; or
20.3.3 any loss or damage or increased risk of loss or damage results from a breach by you of these Terms.
20.4 Subject to clause 20.1, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of the Products or Services shall be limited to the amount paid by you in respect of such Product or Service.
20.5 The site and the App are not designed and are unsuitable for the treatment and/or management of a medical emergency or any acute condition or condition that would otherwise warrant analysis, diagnosis or treatment in person or where analysis, diagnosis or treatment would be required on an urgent basis.
20.6 We will take all appropriate technical and organisational measures against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and our obligations under law as a data controller, we shall not be responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise.
20.7 We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the site, the App or any notifications sent by us to you will be free of viruses or other harmful components.
20.8 We do not accept any liability or responsibility for the actions or omissions of any third party.
20.9 We only supply Products and Services for your own personal, domestic and private use. You agree not to supply the Products to any other person or to use the Products or Services for any commercial, business or re-sale purpose, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you use such Products or Services otherwise than in accordance with these Terms.
20.10 We are not liable for loss or damage, which arises from your failure to inform your regular doctor or other healthcare professional about any Products or Services which you order from the site or the App.
20.11 We are not liable for any loss or damage, which results from your failure to follow advice given on the site or through the App.
20.12 You accept that the advice provided through the site or the App does not replace the advice provided to you by your regular doctor and that you should consult with your regular doctor and other healthcare professionals on the Products and/or Services supplied through the site or the App.
20.13 Professional codes of conduct and legal restrictions may limit the number of any items we are permitted to supply to you and, as such, we have no obligation to supply quantities exceeding the relevant permitted maximum and will charge only for those that we do supply.
20.14 Nothing in these Terms affects your statutory rights.
21. Events Outside Our Control
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an “Event Outside Our Control”, as defined in clause 21.2.
21.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
21.3 If an Event Outside Our Control takes place that substantially affects the performance of our obligations under these Terms:
21.3.1 we will contact you as soon as reasonably possible to notify you; and
21.3.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the supply of Products or Services to you, we will arrange a new performance date with you after the Event Outside Our Control has expired.
21.4 You may cancel an Order if an Event Outside Our Control, persists for a period of not less than 7 (seven) days. To cancel your Order, you must notify us in writing, subject to clause 2.
21.5 We may cancel an Order if an Event Outside Our Control persists for a period of not less than 28 (twenty eight) days.
22. Your obligations
22.1 By accepting these Terms, you agree that:
22.1.1 all information you provide to us will be full, truthful and accurate and you will not omit anything of material importance;
22.1.2 if you become aware that any information relating to your medical records, tests or prescriptions is inaccurate or incomplete, you shall bring it promptly to our attention;
22.1.3 you will ensure that you comply wherever possible with all instructions, advice and treatment provided to you by us. In the event that you are uncertain as to how to take any Prescribed Medicine, you will contact us and not use the Prescribed Medicine until you have sufficient information from us and understand the correct instructions;
22.1.4 if, through your use of the site or the App, you have any doubts, or concerns relating to any information, advice or instructions, which have been provided to you or failed to be received by you via the Services, or relating to your health, or any medical conditions, you will seek further independent medical opinion as soon as is reasonably practicable from an alternative healthcare professional and/or shall utilise the emergency services as applicable;
22.1.5 you will comply with any instructions (including but limited to route, timing and dosage) given to you by us in relation to any Prescribed Medicine;
22.1.6 you will report any side effects of any Prescribed Medicine to us or if you think that any Prescribed Medicine has not been effective as soon as reasonably possible;
22.1.7 you will not register or attempt to register on behalf of any other person for access to the site or the App nor shall you provide information in response to an online clinical assessment or represent yourself to be any other person;
22.1.8 you will not register or attempt to register with the site or the App more than once;
22.1.9 you will accept our decision when we determine that it is not in your best interests to issue a Prescription without the benefit of a face to face consultation;
22.1.10 you will notify your doctor regarding the Prescribed Medicines. We will always offer to notify your doctor of any Prescribed Medicines, but if you decline our offer, it is your responsibility to notify your doctor. If you decide not to notify your doctor, it is important that you keep a record of the Prescribed Medicines. However, please note that in an emergency situation, we may need to contact a healthcare professional, social services or the emergency services without your consent, even where you have declined any of our offers to contact your doctor;
22.1.11 you will ensure that no-one other than yourself has access to any of your Prescribed Medicines; and
22.1.12 you will ensure that any Prescribed Medicines are not used beyond their expiry date.
22.2 Warning: If you provide false or misleading information at any time when using the Site or the App, then a Prescription may be issued or a Service may be provided based on such information, which could have severe and potentially life threatening consequences. By using the site or the App and consenting to these Terms, you agree not to provide false, inaccurate or misleading information at any time. To do so, would be a breach of these Terms.
23. Our obligations
23.1 We commit to:
23.1.1 take professional responsibility for each patient who accesses the Services to the same extent as a healthcare professional would have responsibility when meeting a patient face to face;
23.1.2 provide a professional and transparent service that complies with all applicable guidelines issued by any relevant regulatory body on remote prescribing and dispensing and clinical best practice;
23.1.3 provide the name and professional registration number of each healthcare professional who prescribes a Prescribed Medicine, provides a Service or otherwise communicates with you as part of or ancillary to a Service; and
23.1.4 issue Prescribed Medicines only when in our professional judgment it is in your best interests to receive such Prescribed Medicine and, accordingly, to refuse to issue a Prescription when we believe it is not in your best interests to receive Prescribed Medicines without the benefit of a face to face consultation.
23.2 We can only make a decision as to whether it is in your best interests to receive a Prescribed Medicine when we have all relevant information. On occasion, we may need to ask you for additional information further to the information that you provided in response to the medical questionnaire.
24. Intellectual property
24.1 Any content used by us on the site or the App and all Materials are subject to protection by copyright, trade marks, database rights and other intellectual property rights.
24.2 You agree that you shall not interfere with any copyright or proprietary notices on the site or the App.
24.3 You acknowledge that you shall not at any time acquire any rights in the copyright or any other intellectual property rights in any Materials, content or any other documents or items provided through the site or the App.
24.4 You shall be entitled to use the content, materials, documents and other information as set out in clauses 24.1 to 24.3 for your own personal use and in connection to receiving the Services from us but you shall not be entitled to make copies, edit, alter or distribute, nor shall you make any materials or information referred to in this clause available through a file-sharing network or facilitate or allow any other person to do the same.
24.5 All content available and included on the site and on the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property or of our content suppliers and is subject to protection by copyright and other intellectual property rights. The collective use of all content on the site or the App is our sole and exclusive property. Any software used on the site or in the App is our property or our software suppliers and is subject to protection by copyright and other intellectual property rights.
24.6 TREATED.COM is a registered trade mark that is licensed to the Company.
25. International use
25.1 The App and the site may be accessed from outside of the United Kingdom. However, the App and the site must not be used where the law of any other jurisdiction would govern the use of the site or the App.
25.2 We cannot guarantee that any Materials on the site or the App are suitable for use in all locations outside the United Kingdom, nor will we guarantee that the use of such Materials will be compliant with the governing laws in those locations outside of the jurisdiction of England and Wales.
25.3 Accessing the site or the App from territories where its contents are illegal or unlawful is prohibited under these Terms. We accept no responsibility whatsoever and however incurred for any event arising from your use of the site or the App from locations outside the United Kingdom.
26.1 Any dispute or claim arising under these Terms must be notified to us in writing within 14 (fourteen) days of such dispute or claim arising. Such notice must set out full particulars of the dispute or claim to enable us to know and understand what it relates to. Any failure by you to give written notice within such time limit will prevent you from making such claim.
26.2 In the event that a dispute arises in connection with any provision contained within these Terms, we and you each agrees to seek resolution of the dispute.
26.3 If the dispute cannot be resolved within 60 (sixty) days of the initial notification of a dispute by either party, we each agree to attempt to settle it through mediation in accordance with the Centre for Effective Dispute Resolution Model (“CEDR”) Mediation Procedure.
26.4 Unless otherwise agreed between the parties, the mediator will be selected by CEDR.
26.5 To initiate the mediation, either party must give the other written notice ("ADR Notice”) requesting the mediation. A copy of the request should be sent to CEDR.
26.6 The mediation will start not less than 60 (sixty) days from the date of the provision of the ADR written notice.
26.7 The parties irrevocably agree that neither party may commence any court proceedings in relation to any dispute arising out of any matter relating to these Terms until it has first attempted to settle the dispute by mediation and either the mediation has been terminated or the other party has failed to participate in the mediation for a period of not less than 30 (thirty) days from the date of the commencement of the mediation.
27. Other important terms
27.1 Each clause of these Terms operates separately. If any court or relevant authority decides that any clause or sub-clause is unlawful or unenforceable, the remaining clauses and sub-clauses will remain in full force and effect.
27.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
27.3 These Terms are governed by the laws of England. This means that any dispute or claim arising out of or in connection with these Terms will be governed by English law. By accepting these Terms, you irrevocably agree that the courts of England will have exclusive jurisdiction.
28. Your consumer rights
28.1 Consumers have legal rights in relation to Products and/or Services that are faulty or, subject to clause 16, not as described. You can obtain advice about your legal rights from your local Citizens' Advice Bureau or Trading Standards Office. These Terms do not affect your statutory rights.
29.1 If you wish to make a complaint about the site or the App, please contact us in accordance with our Complaints Policy.