Terms And Conditions Of Website Use | E-Surgery
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Terms and conditions of website use

INTRODUCTION

Welcome to Total Access Health Ltd Trading as “e-Surgery”, a company registered in the United Kingdom with registered number 10681825 and whose registered office is at Total Access Health, The Enterprise Centre, University of East Anglia, Norwich, NR4 7TJ and whose trading address is at 42 Barnard Road, Norwich, Norfolk, NR5 9JB. Our contact email address is : [email protected] and out Telephone number is : 01603 931 600

Detailed below are the Website Terms of Use which apply to your interactions with us, through and on our Website.

By using the Website, using the materials contained within the Website or otherwise made available in connection with the Website and storing your Data you are agreeing to be bound by these Website Terms of Use.

When we use the term, “Website Terms of Use” that includes all documents referred to on this page and any other policies or terms referred herein or therein and any updates, amendments or revisions thereto.

These Website Terms of Use may be modified from time to time to reflect changes to our services, or changes in the law but, should this happen, they will be posted on the Website or, if the changes are material, we will provide you with notice of such changes by email.

Your continued use of the Website following the posting of the revised terms and conditions means that you accept and agree to the changes.

If you don’t wish to be bound by these Website Terms of Use then you are not authorised to use the Website, or to use the services from it and must promptly leave the Website.

These Website Terms of Use including the documents and additional terms referred to in them (in each case, as amended from time to time) constitute the entire agreement between us and you in relation to use of the Website and  Associated Services to you and supersede all previous agreements in respect of the same.

 

REGULATION

As an online Pharmacy, we have to abide by strict regulations. Total Access Health Ltd. Is regulated by the GPhC (General Pharmaceutical Council). Our Registered Pharmacy premise is located at 42 Barnard Road, Norwich, NR5 9JB. Our GPhC Registered Pharmacy number is 9012167 and we abide by the standards set forth from the GPhC for all registered pharmacies.

All our independent prescribers are fully registered with the GPhC and abide by the Royal Pharmaceutical Society frameworks for prescribers.

Status of our superintendent and Pharmacy can be checked on the GPhC Register.

 

HOW WE WILL COMMUNICATE WITH YOU

Unless we inform you otherwise, all communication and notices you give to us must be sent to [email protected]

We may give notice to you by posting it on the Website or at any address (email) you provide to us. Notice will be deemed received and properly served immediately when posted on the Website and/or twenty-four (24) hours after an email is sent to your email address.

When using the Website, you accept that communication with us will be mainly electronic. We will generally contact you by email or text message or provide you with information by posting notices on the Website. By using the Website, you agree to this 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 legal rights.

 

INTELLECTUAL PROPERTY

We are the owner of the E-Surgery and Evaro brand name, logo, any trade mark and get-up. Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, articles, arrangement, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as “Copyright Material”), is owned by us or one of our group companies and are protected by copyright laws and treaties around the world. All such rights are reserved by us.

 

COPYRIGHT

For the avoidance of doubt, you must not use any part of the Copyright Materials for commercial purposes without obtaining a license to do so from us or our licensors.

You shall not modify, translate, reverse engineer, decompile, disassemble, or hack the Website or create derivative works based on any software or accompanying documentation supplied by Total Access Health Ltd or its third-party licensors. e-Surgery and Evaro are copyright marks belonging to Total Access Health Ltd. No license or consent is granted to you to use this mark in any way, and you agree not to use this mark or any mark which are considerably similar without our prior written permission. You agree not to remove or destroy any copyright, trademark, service mark, or other proprietary rights notices or markings contained on or in the Website and you shall not use any metatags or other “hidden text” incorporating Total Access Health Ltd or ‘E-Surgery’ or ‘Evaro’ marks.

Any unauthorised use of the Website is strictly prohibited and may constitute a breach of our or our licensors’ intellectual property rights. The Website may incorporate third party content and we may be unable to grant permission for you to use any such third-party content. Please contact the appropriate third party for permission to use their content.

 

WEBSITE CONTENT

Unless we state otherwise, all content published on the Website or made available to you in connection with the Website (including but not limited to all information; data; products; images, photographs, audio, video, artworks, graphics and materials; services; software and databases; tools; designs; text; text, video and audio chat conversations and exchanges; Contributions; and Copyright Material)  belongs to us. While we do always try to ensure that the Website and information made available to you in connection with the Website is accurate and up to date, we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up to date. We cannot accept any liability or responsibility for any loss which may arise from reliance on such content, whether it is our material or material posted by a third party (e.g. reviews, testimonials and comments).

We have the right to change or take down the Website and anything on it without notice, and without liability to you or any third party.

When using the Website on your mobile, laptop or desktop device (“Device”), you acknowledge and agree that you are responsible for (i) maintaining continuous internet access for your Device (ii) any internet connection and telecommunications fees and charges that you incur. Total Access Health is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Website, including, but not limited to screen display operation features of your Device.

All material, if any, which is contributed to the Website or any connected social media accounts, including reviews, feedback, stories, testimonials, Instagram posts (where you respond with the required hashtag), and images (“Contribution”), is subject to our Acceptable Use Policy as part of these Website Terms of Use. Total Access Health does not verify or endorse and takes no responsibility for any Contribution or any content or communications made available through the Website via any function which allows a user to publicly post or share content

 

PERSONAL INFORMATION

We process information about you in accordance with our Privacy Policy. By using the Website, you understand that your personal information will be processed as described in our Privacy Policy and warrant that all data provided by you is accurate.

 

ACCOUNT

 

Our website is designed for users residing in the United Kingdom and is entirely in English. It is your responsibility to ensure you fully understand the content on our website. If there is something you do not fully understand the meaning of, you must not continue using our website.

Our website is for personal and domestic use only. By using our website, you expressly, agree that you are not using it for any commercial or business use. You are not permitted to purchase any products for re-sale purposes.

You should always keep your login information (username, password, or any piece of identifiable data) strictly confidential. You should not share this login information with any third parties. You should not re-use passwords across multiple websites. If we believe your account may have been compromised in any way or that you have failed to comply with any terms in this agreement we reserve the right to disable your account. You, expressly, confirm that the details of your account are true and that they are your own details and no other persons.

If you are provided with an authorisation code, password, or any similar piece of information as part of security protocols, it is your responsibility to keep these confidential. You must not share this information with any third parties.

We take precautions and check our website is free from viruses, trojans, worms, or any other technologically harmful material that may infect your device however the responsibility to protect your device falls on you. We always recommend using up-to-date antivirus software, as it is your responsibility to keep your device secure.

Registering an Account

In order to use many of the features of our site and services, you need to create an account. This will also create a secure patient record. When registering an account on our website, you agree to the following criteria:

You are age 18 or over;

Provide accurate and truthful information;

Keep all your login details (such as username, password, one-time codes, or any other identifiable particulars) confidential and secure.

Do not share your login information with anyone else and take reasonable steps to limit access to your   online account to anyone else; and

Create only one account.

 

ACCESS TO THE WEBSITE

The Website is not directed toward persons under 18 years of age, and Total Access Health does not knowingly collect information from persons under 18 or allow them to create an account or access account features, if available. If you are under 18, please do not submit any personal information about yourself or open an account to or with Total Access Health. None of the Services or content on the Website is offered to anyone in any country or jurisdiction where providing them may be prohibited by law. By using the Website, using our services, you represent to us that you are legally entitled to use the Website Services, and content. We rely on this representation in order to provide you with access to, and use of, the Website and its content.

 

USING THE WEBSITE

The Website is provided on an ‘as is’ and ‘as available’ basis and may contain technical inaccuracies or typographical errors. We give no warranties, whether express or implied, in relation to the Website, any third party content accessed on or through the Website, any content made available to you in connection with the Website (including but not limited to via video, text or audio chat), or any transaction that may be conducted on or through the Website, including any warranties of: (a) non-infringement, security or accuracy; (b) that your use of the Website will be uninterrupted, error or defect free; or (c) that the Website or the server that makes it available to you are free of viruses or bugs or that any defect or downtime will be fixed promptly or at all. Note that if the need arises, we may suspend access to the Website or close it, or any part of it, indefinitely and without further notice to you or any third party.

This Website and any content provided are for general information only and offers a contract only to the Services supplied.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

TRANSACTIONS CONCLUDED THROUGH THE WEBSITE

Contracts for the sale of Services formed through the Website, if any, are governed by our Terms of Service in use at the time the relevant contract is entered into.

All such contracts are binding on you and us and on our respective successors and assigns. We may transfer, assign, charge, sub-contract or otherwise dispose (“Transfer”) of any contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

 

THIRD PARTY LINKS

We may provide links, if any, to other websites or resources, these links are provided for your information only and you access them at your sole discretion. We do not recommend, endorse, or accept any responsibility for the content of external websites or resources which we link to, or which may link to the Website. Remember, you are solely responsible for complying with the terms of any linked site, and you will be subject to their policies and practices (including data protection and privacy).

 

WEBSITE MISUSE

You must not attempt to interfere with the proper working of the Website or otherwise attempt to obstruct or interfere with any other person’s or entity’s use of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or Internet device.

You agree that you will not use the Website for any other unlawful, prohibited, abnormal or unusual activity as determined by Total Access Health Ltd in its sole discretion. You agree that you will not (a) obtain or attempt to obtain any information from the Website including, without limitation, email addresses or mobile phone numbers of account holders, its any or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Website, whether through the use of a network analyser, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorised access to, or distort, delete, damage or disassemble, any aspect of the Website. Anyone misusing the Website in this way may be committing a criminal offence and we reserve the right to report this to the relevant law enforcement authorities and to co-operate with those authorities by disclosing the relevant user’s identity to them. In addition, we reserve the right to seek damages and costs (including legal fees) from any such user to the fullest extent permitted by law.

 

ACCEPTABLE USE AND PROHIBITED USES

You may only use the Website for lawful purposes.

You may not use the Website:

  • In any way that breaches any law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm children or minors in any way.
  • To send, upload, download, knowingly receive, or use any material which does not comply with our content standards.
  • To transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or similar (e.g. spam).

 

OUR LIABILITY TO YOU AND YOUR LIABILITY TO US

This Section explicitly sets forth your liability to us liability to you under these Website Terms of Use (including what you cannot hold us liable for under these Website Terms of Use) with respect to the use of the Website, Services provided via the Website.

You expressly acknowledge and agree that to the extent permitted by law, your use of our Website and its services is at your sole risk, and our Services are provided on an “as is” and “as available” basis, with all its faults. Any Services accessed through our Website or made available to you in connection with the Website are accessed at your own risk, and you shall be solely responsible for any damage to your device, or any device you use to access our website, or any other loss that results from accessing such content. We will expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, arising from your use of the Website and any Services supplied through it. You acknowledge and agree that Total Access Health, its officer, employees, subcontractors or agents are not liable, and you agree not to seek to hold any such persons liable, for the conduct of third parties on the Website, including any external sites, and that any and all risk of injury from such third parties rests entirely with you.

The services and products purchased through the site are governed and regulated by GPhC (General Pharmaceutical Council) and MHRA (Medicines and Healthcare products Regulatory Agency)

 

INDEMNITY

 

You agree to defend, indemnify and hold Total Access Health and its affiliates and business partners harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable legal fees, resulting from or arising out of (a) your use of the Website; or (b) your breach of these Website Terms of Use or any other policies that we may issue for the Website from time to time.

If we fail to comply with these Website Terms of Use, we are only responsible for loss or damage you suffer that is reasonably foreseeable and a direct result of our breaking these Website Terms of Use or our failing to use reasonable care and skill. We will not be responsible for any losses you suffer as a result of us breaching these Website Terms of Use that were not reasonably foreseeable to both you and us when you commenced using the Website, using the Associated Services supplied by us to you. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen. The limit of our liability is the sum paid by you for the service to which the liability arises from.

To the fullest extent permissible by applicable laws, we are not responsible for indirect losses (including consequential damages) which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Website Terms of Use by us that would entitle you to terminate the Contract between us.

 

TERMINATION

If we believe that a breach of this policy has occurred, we may, in our sole discretion, take any action we consider appropriate, including immediate temporary or permanent withdrawal of your right to use the Website and suspension or cancellation of any account, and/or legal proceedings.

Depending upon where you are located when using or visiting the Website, you are responsible for compliance with all applicable laws. If use of the Website and Services, or any content are accessed through the Website are contrary to any applicable law in your jurisdiction, you are not authorised to view or use the Website and you must exit immediately. This Website os for the use of Uk residents only and no others may use it.

 

WAIVER

If we fail, at any time during the term of any Contract between you and us to insist upon strict performance of any of your obligations under that Contract or any of these Website Terms of use, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Website Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with any such obligations.

No waiver by us of any of these Website Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. A waiver by us of any default shall not constitute a waiver of any other default.

 

For more detailed information on your legal rights as a consumer, please visit the Citizens Advice website at www.citizensadvice.org.uk or call 03454 04 05 06.

Last updated 09-04-2024

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