e-surgery Terms of Service

These Terms apply only to users aged 18 or over. By accessing or using our products and services, you confirm that you are at least 18 years old, are resident in the UK and agree to be bound by these Terms.

Please see clause 4 for further details on eligibility.

1. Who we are and how to contact us

1.1 Our website(s) (collectively the “Site”) are owned and operated by Total Access Health Ltd, registered in England and Wales (Company No. 10681825) trading as e-surgery and e-pharmacy (“we”, “us”, “our”), with registered office address at The Enterprise Centre, University of East Anglia, Norwich NR4 7TJ. Our primary trading address is 42 Barnard Road, Norwich, Norfolk, NR5 9JB.

1.2 We are regulated by the General Pharmaceutical Council (GPhC) under registration number 9012167.

1.3 Our prescribers, supplied by Total Access Medical Diagnosis, a connected company, registered in England and Wales (Company No. 10681825), are regulated by the Care Quality Commission (CQC) under registration number 1-16457331818.

1.4 These Terms of Service (the “Terms”) apply to the following:

• a. e-surgery.com is an online healthcare platform that enables patients to access private healthcare services remotely, including online health consultations, prescription requests, health information, and treatments. Where clinically appropriate, prescriptions may be issued by independent UK-registered clinicians and dispensed by UK-registered pharmacists.
• b. e-pharmacy.co.uk is an online healthcare platform that enables patients to access selected NHS healthcare services remotely, including online health consultations, prescription requests, health information, and treatments. Where clinically appropriate, prescriptions will be issued by independent UK-registered clinicians and dispensed by UK-registered pharmacists.

1.5 If you have a complaint about our services, please contact our Customer Services team using the complaints form available on our website. We will investigate your complaint and aim to respond within a reasonable timeframe. If you remain dissatisfied with our final response, you may refer your complaint to the relevant regulator or seek independent legal advice. We will retain records of complaints in accordance with applicable legal, regulatory and data protection requirements.

2. How these Terms of Service work

2.1 These Terms set out the basis on which we supply our products and services to you via our Site.

2.2 These Terms affect your legal rights and obligations, so please read them carefully before purchasing a product or using our services. They explain who we are, how we provide our products and services, how either of us can change or end our contract, and what to do if there is a problem.

2.3 When you buy from our Site you accept these Terms. If you do not agree to them, please do not place an order or use our services.

2.4 We may update, change or replace these Terms from time to time, for example to reflect changes in law, regulation or how we provide our products and services. The version that applies to your order is the version in force when you place that order. Where we make a material change that affects an ongoing contract with you, we will give you reasonable notice and you may end the contract in accordance with these Terms if you do not accept it. Please review these Terms before each order.

2.5 You should familiarise yourself with the following documents, which apply to your use of our Site, and may supplement these Terms:

• Our Privacy Policy, which explains how we collect, use and protect your personal data;
• Our Cookie Policy, which explains how we use cookies on our Site; and
• Our Privacy Notice/Data Processing Policy, which explains how we process your data.

3. How we comply with applicable healthcare regulation

3.1 We are committed to providing our services in accordance with applicable UK legal and regulatory requirements, as set out in detail on our Regulation page.

3.2 As a healthcare service, we comply with a series of regulatory requirements, which in summary, include but are not limited to the following:

• We are regulated by the General Pharmaceutical Council (GPhC).
• Our pharmacy is overseen by our superintendent pharmacist, registered with the GPhC.
• Our prescribers are regulated by the Care Quality Commission (CQC), as set out at clause 1.3.
• All our pharmacists are bound by and comply with codes of professional ethics and conduct. You can access these professional conduct rules by visiting https://www.rpharms.com. Contact details for the General Pharmaceutical Council are also available at https://www.pharmacyregulation.org.

4. Eligibility – who can use our Site, products and services

4.1 You must be 18 years of age or older and resident in the UK to use any product or service available on this Site. Where you are purchasing a product or service for yourself, you will be both the Customer and the Patient. Where you are purchasing on behalf of another person, both you (as the Customer) and the individual receiving the product or service (the Patient) must each be 18 years of age or older and resident in the UK. The Patient must provide honest, complete and accurate medical information to enable our clinicians to assess, diagnose and prescribe safely online. Our prescribers may decline treatment, request further information, recommend alternative care, or refer the Patient to their GP or emergency services where clinically appropriate. By using the Site, you confirm that you (and, where applicable, the Patient) meet these requirements.

4.2 You are required to register via our website or app in order to use our services. You must keep login details secure. You are responsible for all activity on your account. We may suspend or close your account if:

• you provide false or misleading information,
• you behave abusively (zero-tolerance policy),
• you make repeated or suspicious non-receipt claims,
• chargebacks are initiated without valid reason,
• regulatory or clinical risks arise.

4.3 In the event of suspension or closure of your account, we may refuse future use of our services where clinically or legally appropriate.

5. Identity Verification and Accuracy of Information

5.1 To protect our patients and comply with applicable legal and regulatory requirements, we may require you to verify your identity and/or age before you can access certain products and services. We may use trusted third-party identity verification providers to carry out these checks on our behalf. If you do not successfully complete any required verification checks, we may refuse or restrict access to the relevant Services.

5.2 You must provide full, accurate and non-misleading personal, medical and delivery information. We rely on your answers to perform safe clinical assessment and diagnosis. If you provide false or incomplete information, you accept responsibility for resulting service restrictions. You agree that you will notify us immediately of any changes in the information you have provided us with, by contacting Customer Service at the contact details available here or by emailing [email protected].

6. How we may use your personal information

6.1 When you use a service, you will need to provide us with information about yourself. We use the information to provide our products and services to you.

6.2 Our Privacy Policy sets out how we collect, use and protect any personal data we collect from you or that you provide to us, including the lawful bases on which we process your personal data (including your health data). You agree to provide accurate information and to keep it up to date.

6.3 We do not knowingly collect personal data from anyone under the age of 18. If we become aware that we have done so, we will delete it promptly.

6.4 We will retain your patient records, including information about your consultations, prescriptions and treatments, for as long as required to comply with applicable legal, regulatory and professional obligations. Further information about how long we retain your personal information is set out in our Privacy Notice.

NHS Record Access

6.5 Where permitted by law and where technically available, we may attempt to verify your medical or medication history by reviewing your NHS Summary Care Record or other NHS-held records.

6.6 We may also ask you if we can share details of any treatments you receive with the NHS. Where you agree to this, we will use reasonable endeavours to share your information back to the NHS.

How we use Artificial Intelligence

6.7 We also use artificial intelligence (“AI”) technologies and tools to assist our clinicians in processing and reviewing the information you provide during your consultation. AI is used solely as a support tool and does not replace the independent clinical judgement of our healthcare professionals. All clinical decisions, including whether treatment is appropriate, whether a prescription should be issued and any recommendations made to you, are made by an appropriately qualified clinician, who remains responsible for your care.

6.8 We are committed to using AI responsibly, transparently and in accordance with applicable legal, regulatory and professional standards. We implement appropriate governance, oversight and safeguards to help ensure that AI is used safely, securely and appropriately as part of our services.

6.9 By using our services, you acknowledge that we may carry out these activities in accordance with these Terms and our Privacy Policy.

7. How our Online Consultation Process works

7.1 All of our products and services require you to complete an online consultation – a short questionnaire about your health and wellbeing – before you receive treatment. You must complete it truthfully and to the best of your knowledge, and it must be completed by you, for you. We and our partners, including our prescribers, will rely on your responses to determine if the treatment is suitable for you. You must not use our service on behalf of another person unless explicitly permitted (e.g., a named dependent). We may suspend or terminate accounts where identity fraud, impersonation, or misuse is suspected.

7.2 If you are unsure of an answer, or do not understand something in the questionnaire, please check with your regular healthcare provider (such as your GP) or contact us at the details available on https://e-surgery.com/contact-us/. You should always tell your GP about any treatment and medication we supply.

7.3 You acknowledge that remote assessments have inherent limitations and are not appropriate for all symptoms or in all circumstances, and we reserve the right to refuse treatment where remote assessment is not clinically appropriate.

7.4 We may ask for photographs, video, past medical history, ID, or additional clinical information.

7.5 We may decline to diagnose or prescribe, limit quantities, or refer you to your GP, NHS 111 or other third parties.

8. Medical assessment and clinical discretion

8.1 You acknowledge that all prescription orders require clinical review. A prescription will only be issued if clinically appropriate.

8.2 Our clinicians exercise their independent professional judgement when providing our Services. They may request further information, decide not to prescribe or supply treatment, amend your treatment, provide urgent clinical advice or recommend that you seek an in-person assessment where clinically appropriate. All clinical decisions are made in your best interests and are final.

8.3 Our services are not intended for medical emergencies. If you require urgent or emergency medical assistance, please call 999 or attend your nearest Accident & Emergency department immediately.

8.4 You must notify us of any suspected side effects as soon as possible by contacting our Customer Services team. You may also report suspected side effects directly to the MHRA at https://yellowcard.mhra.gov.uk. We may contact you for clinical safety follow-up or regulatory purposes.

Use of AI as a clinical support tool

8.5 We may use AI-assisted tools to support our clinicians in reviewing consultation information and identifying relevant clinical considerations. AI is used solely as a decision-support tool and does not make clinical decisions.

8.6 Your consultation responses may be shared with an AI system in a de-identified form — no data that could directly identify you (such as your name, address, date of birth, or contact details) is shared with or accessible to the AI system.

8.7 All prescribing decisions are made by a suitably qualified and registered healthcare professional exercising their independent professional judgement.

8.8 By accepting these Terms, you consent to your consultation data being processed by our AI-assisted decision support tools. If you do not wish your data to be used in this way, please contact us before placing an order.

9. How our ordering process works

9.1 When you place an order through our Site, you are requesting that we provide the relevant consultation, treatment and/or pharmacy services. We will send you an order confirmation acknowledging receipt of your order. A binding contract is formed when we accept your order.

When you do and don’t have a right to cancel or amend

9.2 Immediately after you place an order, we will send you an Order Confirmation email summarising the products ordered, your personal and delivery details, and the total price. You should check this confirmation carefully. If you identify any error (for example, an incorrect product, strength, dosage, quantity, personal information or delivery address), you should contact us as soon as possible. Provided your order has not yet been dispatched, we will use reasonable efforts to amend or cancel your order at no additional cost.

9.3 Once an order has been dispatched, it cannot ordinarily be amended or cancelled. Your statutory rights, including any rights under applicable consumer protection legislation, are not affected. Please note that certain products, including prescription medicines and other medicinal products, may not be eligible for cancellation or return after dispatch due to legal and patient safety requirements.

When you can and can’t cancel your online consultation

9.4 By submitting your consultation, you expressly request that we begin providing the consultation service immediately. You may cancel your consultation at any time before the consultation service has been completed, however please note this is usually completed within 24 hours. If you cancel after we have started providing the consultation service but before it has been completed, we may retain or charge a proportionate amount for the services already provided, where permitted by applicable law.

9.5 For clarity, the consultation service is completed when one of our clinicians has reviewed the information you have provided and reached a clinical decision, whether or not a prescription is issued. Once the consultation service has been completed, you will lose your statutory right to cancel the consultation service.

9.6 If a prescription is issued and your medication has been dispensed or dispatched, it cannot usually be cancelled, returned or refunded for patient safety and regulatory reasons, unless it is faulty, supplied in error or you otherwise have statutory rights.

9.7 If we request additional information or identity verification and you choose not to provide it, we may be unable to complete your consultation. In those circumstances, we may cancel your consultation and process any refund in accordance with these Terms and applicable law.

9.8 Nothing in these Terms affects your statutory rights.

Our right to refuse or cancel an order

9.9 We may refuse or cancel your order at any time before it has been accepted where this is reasonably necessary, including if:

• we are unable to verify your identity;
• the information you have provided is incomplete, inaccurate or misleading;
• our clinicians determine that the requested treatment is not clinically appropriate or it is not in your best interests to prescribe;
• we are unable to prescribe or dispense the requested treatment due to legal, regulatory or professional requirements;
• the requested medication is unavailable or subject to supply shortages; or
• we are unable to deliver your order to your chosen address.

9.10 If we refuse or cancel your order, we will let you know as soon as reasonably practicable and, where appropriate, refund any amounts paid in accordance with these Terms.

Requests for additional information

9.11 To enable us to complete your consultation, clinical assessment or dispense your medication, we may ask you to provide additional information or documentation, such as details of your medical history, proof of identity, GP details or other information relevant to your consultation.

9.12 If you do not provide the requested information within 14 days of our request, we may be unable to complete your consultation or fulfil your order. In those circumstances, we may cancel your order and refund any amounts paid in accordance with these Terms and applicable law. Where permitted by law, we may retain or charge a proportionate amount for consultation services already provided.

Pricing and payment

9.13 All prices are stated in pounds sterling (GBP) and include VAT where applicable.

9.14 Payment must be made at the time you place your order using one of our accepted payment methods. We will not begin processing your order until payment has been successfully authorised.

9.15 If we are unable to accept your order, or if your order is cancelled before it has been fulfilled, we will refund any amounts due to you in accordance with these Terms.

10. How we deliver your products

Dispatch and delivery

10.1 Where your consultation results in a prescription, your medication will be dispensed and dispatched once it has been clinically approved, prescribed (where applicable) and passed the appropriate pharmacy checks.

10.2 We use Royal Mail and other reputable courier services. All orders are sent using a tracked delivery service where available. Estimated delivery times are provided for guidance only and are not guaranteed. We are not responsible for delays caused by events outside our reasonable control, including delays by delivery providers. Available delivery options and estimated delivery times will be shown during checkout and in your order confirmation.

10.3 If your parcel is lost, damaged, or incorrect, please contact us within 7 days of delivery (or 10 days from dispatch for non-receipt) on our contact us page here https://e-surgery.com/contact-us/. If tracking shows “delivered” but you dispute receipt, we will investigate with the courier, when reasonable. Please see your rights below in respect of returns, refunds and replacements below and for further details please read https://e-surgery.com/refunds-returns-and-cancellations/.

Delivery Address

10.4 You are responsible for providing a complete and accurate delivery address. Please contact us as soon as possible if you need to amend your delivery details at the details available on our contact us page here https://e-surgery.com/contact-us/. Once your order has been dispatched, we may be unable to change the delivery address.

10.5 In the event you provide us with an incorrect or incomplete address and the order is delivered to the incorrect address as a result, we may not be able to resend or refund your order.

Delivery issues

10.6 If your order has not arrived within the expected delivery timeframe, or arrives damaged, incomplete or incorrect, please contact us as soon as reasonably practicable, on our contact us page here https://e-surgery.com/contact-us/, so that we can investigate and, where appropriate, arrange a replacement or refund in accordance with your statutory rights and these Terms. Where appropriate, we may ask you to provide photographs or other information to assist with our investigation.

Temperature-Sensitive Medicines

10.7 Certain medicines require temperature-controlled storage during delivery and after receipt. Where this applies, we will provide appropriate packaging and handling instructions.

10.8 You are responsible for ensuring that temperature-sensitive medicines are stored promptly in accordance with the instructions provided, once received. We are not be able to replace or refund products that have deteriorated because delivery was missed, delayed due to your actions, or the products were not stored correctly after delivery.

Incorrectly dispensed medicines

10.9 If you receive the wrong medicine, strength, formulation, quantity or labelling, please do not use the product and contact us immediately on our contact us page here https://e-surgery.com/contact-us/. We will investigate the issue and, where appropriate, arrange a replacement or refund in accordance with your statutory rights. We may ask you to return the product or dispose of it safely in accordance with our instructions.

Returned deliveries

10.10 If an order is returned to us because it could not be delivered or was not collected, we will contact you to discuss the available options. Depending on the circumstances, additional delivery charges may apply before the order can be resent.

10.11 For patient safety and in accordance with applicable medicines legislation, prescription medicines cannot usually be returned or resold once they have been dispensed and supplied, unless the products are faulty, damaged, supplied in error or otherwise required by law.

Dispensing partner

10.12 Some prescriptions are dispensed and fulfilled by Day Lewis Plc (Company Number: 01202866), registered at Day Lewis House, 2 Peterwood Way, Croydon, Surrey CR0 4UQ, GPhC Registration Number 1121767. Where Day Lewis Plc dispenses your medication on our behalf, it acts as our dispensing partner and is responsible for dispensing, packaging and dispatching your medication in accordance with applicable pharmacy laws and professional standards. By placing an order, you acknowledge that we may share the information necessary to fulfil your prescription with our dispensing partner, as described in our Privacy Policy.

Returning your order

10.13 Please inspect your order promptly on delivery and notify us as soon as reasonably possible if it is damaged, incomplete or incorrect. Where an error has occurred or goods have been damaged in transit, we will investigate and, where appropriate, replace the affected products or provide a refund in accordance with your statutory rights.

Product descriptions

10.14 We make reasonable efforts to ensure product descriptions are accurate. Where permitted, we may contact you to supply an equivalent generic medicine unless “brand only” is clinically required. We will not send an equivalent generic medicine unless you consent.

Ownership and risk

10.15 The products will be your responsibility from the time we (or our courier) deliver them to the address you gave us. You own the products once we have received payment in full.

Suspending supply

10.16 We may have to suspend the supply of a product to (a) deal with technical problems or make minor technical changes, or (b) update the product to reflect changes in relevant laws or regulatory requirements. We will give you advance notice where practical. If we suspend supply (or tell you we will) for more than 30 days, you may contact us to cancel your order and we will refund any sums you have paid in advance for products you have not received.

10.17 If you do not pay when due and still have not paid within 10 days of our reminder, we may suspend supply until you pay the outstanding amounts. We will let you know if we do. This does not affect our right to charge interest on overdue sums where these terms allow.

11. Your rights to make changes

11.1 If you want to make any changes to your order, please get in touch on our contact us page here https://e-surgery.com/contact-us/. 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 that is different as a result of the change, and we will check whether you want to go ahead on that basis.

11.2 If we cannot make the change, or you are not happy with the consequences of making it, you may want to end the contract (see paragraph 12).

12. Your rights to end the contract with us

12.1 You may cancel your order or end your contract with us by contacting us at our Contact Us page – https://e-surgery.com/contact-us/, where permitted under these Terms or by applicable consumer law. Nothing in these Terms affects your statutory rights.

13. How to end the contract with us

13.1 If you wish to cancel your order or end your contract with us, please contact our Customer Services team using the contact details on our Site at https://e-surgery.com/contact-us/.

13.2 You have certain rights to cancel under applicable consumer law. However, where you have requested that we complete your online consultation immediately, you acknowledge that your statutory right to cancel will end once the consultation has been completed and a clinician has reached a prescribing decision, whether or not a prescription is issued.

14. Cancellation by us

14.1 We may refuse or cancel your order or end our contract with you where this is necessary for legal, regulatory or clinical reasons, including where treatment is not clinically appropriate, you fail to provide information reasonably requested to process your order, the information you provide is inaccurate or misleading, we are unable to verify your identity, the requested medicine is unavailable, or you misuse our services.

14.2 Where we cancel your order before the relevant services have been provided or medication has been dispensed, we will refund any amounts paid, subject to any deductions permitted by law or these Terms.

15. Our Liability to you

15.1 We, the directors of our company and the directors of any related companies shall not be liable for any losses or claims arising directly or indirectly from use of this Site or our products and services except that this exclusion of liability does not apply to any damages in connection with death or personal injury caused by the negligence of us or the people we are responsible for.

16. Entire Agreement and Amendments to these Terms

16.1 We may amend these Terms at any time. The current version on the Site governs all orders and use of the Site. These Terms, plus referenced policies, constitute the entire agreement and take precedence over any other communications.

17. Governing Law

17.1 These Terms, the subject matter and formation, are governed by English law. You agree that the courts of England and Wales will have non-exclusive jurisdiction.

17.2 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18. Events outside of our control (Force Majeure)

18.1 You agree that we will not be responsible for any delay or failure to perform our obligations under these Terms where this is caused by circumstances beyond our reasonable control, including but not limited to events such as natural disasters, pandemics, industrial disputes, war, failures of telecommunications or internet services, third-party supplier failures, or government action. If this happens, our obligations will be suspended for the duration of the event. Where the delay continues for more than 30 days, either party may cancel the affected order, and we will refund any amounts paid for services not yet provided.

19. Other Important Terms

19.1 Transfer of rights and obligations: We may transfer our rights and obligations under these Terms to another organisation, without your prior written consent.

19.2 Notices: 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 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.

19.3 Promotions and offers: From time to time, we may offer promotions, discount codes or special offers. Unless otherwise stated, promotions are subject to their own terms and conditions, cannot be used in conjunction with any other offer, have no cash value and may be withdrawn or amended at any time.

19.4 Website Use: You may use our Site for your personal, non-commercial use only. All content on the Site is owned by or licensed to us and must not be copied, reproduced or used without our permission. You must not use the Site unlawfully, interfere with its operation or security, or attempt to access or extract data from it without authorisation. Whilst we aim to keep the Site available, we do not guarantee uninterrupted access and may suspend or restrict access where reasonably necessary. Our Site may also contain links to third-party websites, for which we are not responsible. For further detail please review our Terms on Website Use.