1. The Conditions
These terms and conditions, which incorporate the terms of our Privacy Policy, (together the “Conditions”) govern:
· your use of our website at www.theonlinesurgery.co.uk (“Website”)
· any correspondence between us and you; and
· the supply to you by us of the Goods and/or Services.
Please read the Conditions carefully as they affect your rights and obligations under the law. Please do not use the Website if you do not agree with the Conditions. Nothing in the Conditions shall affect your statutory rights.
These Conditions may be changed at any time and will be immediately effective when they are updated on the Website.
BY CONTINUING TO USE THE WEBSITE AND/OR ENTERING INTO ANY CONTRACT YOU CONFIRM THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE CONDITIONS.
2. Our Information
References to “we” or “us” or “our” (as the context permits) means, The Online Surgery is a website operated by Doctor Matt Limited., a private company limited by shares and incorporated in England and Wales under company number 8272310.
You can contact us by:
Post: Doctor Matt Ltd, Daisy Business Park, Sylvan Grove, London, SE15 1PD.
Phone: +44 8001337645
Our VAT registration number is: 155505026
3. Interpretation
The following definitions apply to the Conditions:
Business Day : Any day which is not a Saturday, a Sunday or a public holiday in England.
Contract : Any contract formed between you and us for the supply of Goods and/or Services and/or the use of the Website in accordance with the Conditions.
Goods : Means medication, treatment and other goods (if any) provided in connection with the Services whether by us or on our behalf by First Care Pharmacy.
Intellectual Property Rights : All patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database right, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Services : The services to be provided by us to you in accordance with the Conditions whether by e-mail, post, telephone or via the Website or any other website notified to you by us from time to time, which may include recommending and authorising treatment and providing advice, information, counselling, consultation, testing and after-care for particular medical conditions.
“you” or “Your”: Means, without limitation, any individual or organisation that accesses the Website and, where the context allows, means both an individual that accesses the Website and the organisation (if any) in connection with which the individual is accessing the Website.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to writing or written includes faxes and e-mails.
4. Your Registration
4.1 You must register as an authorised user of the Website. By doing so, you warrant that you are over eighteen years of age and resident in the United Kingdom. We cannot process orders from British Forces Overseas Bases and the Channel Islands.
4.2 When you register with us, a secure online record will be created of your personal information. You accept that not all consultations will result in Goods being supplied. We may decide that a prescription is not advisable under any particular circumstances.
4.3 By registering with us, you hereby warrant and represent that all details provided by you at registration or at any time following registration are correct and complete and that you have answered all questions honestly and accurately.
5. General Obligations
5.1 In connection with all Goods and/or Services you receive from us, you hereby undertake:
5.1.1 To carefully follow the instructions on all labels and/or advice issued with the Goods and/or Services and/or as part of any message sent by us. If you have any queries regarding the use of the medication, you can call us on +44 8001337645, Mon-Fri 9am-5.30pm or email care@theonlinesurgery.co.uk.
5.1.2 To advise your GP of any Goods that are prescribed to you;
5.1.3 To check your Goods carefully when they arrive. If the Goods are incorrect or damaged, you can contact First Care Pharmacy on 020 8317 2488;
5.1.4 To notify us without delay if you experience any adverse effects;
5.1.5 To keep your medicines safe and ensure no-one other than you has access to them; and
5.1.6 To only take medicine that is within the expiry date on the packet.
6. Use of the Website
Access and Availability
6.1 Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below) and/or to restrict access to the Website or parts of it. We will not be liable if for any reason the Website or part of it is unavailable at any time or for any period.
6.2 You must treat all Website identification codes and passwords as confidential, and you must not disclose the same to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
6.3 We will try to make the Website available but cannot guarantee that it will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
Prohibited Uses
6.4 You may use the Website only for lawful purposes. You may not use the Website:
6.4.1 In any way that breaches any applicable local, national or international law or regulation;
6.4.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.4.3 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards set out below;
6.4.4 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
6.4.5 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
6.5 You also agree:
6.5.1 Not to reproduce, duplicate,copy or re-sell any part of the Website in contravention with this Condition 6;
6.5.2 Not to access with out authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website or any equipment or network or software owned or used by any third party.
Intellectual Property
6.6 All Intellectual Property displayed on the Website is either owned by us, or our suppliers, manufacturers and partners. Nothing contained on the Website should be construed as granting any license or right to use any Intellectual Property without our prior written permission.
6.7 You are entitled to view, copy and print documents from the Website solely for your own non-commercial use, provided that you do not remove any proprietary notices. You may not sell, publish, reproduce, sub license, assign, modify or change (by use of an html “frame” or otherwise) any portion of the Website or any content and information contained within the Website without our prior written consent. It is your responsibility to ensure that your computer is virus protected. We accept no responsibility for any loss you may suffer as a result of accessing or downloading information from this site.
6.8 If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on Information Posted
6.9 All commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents
Content Standards
6.10 These Content Standards apply to any and all material which you contribute to the Website (“Contributions”) with it. You must comply with the standards set out in conditions 6.11 and 6.12. The Content Standards apply to each part of any Contribution as well as to its whole
6.11 Contributions must be:
6.11.1 Accurate (where they state facts);
6.11.2 Be genuinely held (where they state opinions); and
6.11.3 Comply with applicable law in the UK and in any country from which they are posted.
6.12 Contributions must not:
6.12.1 Contain any material which is defamatory of any person;
6.12.2 Contain any material which is obscene, offensive, hateful or inflammatory;
6.12.3 Promote sexually explicit material;
6.12.4 Promote violence;
6.12.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6.12.6 Infringe any copyright, database right or trade mark of any other person;
6.12.7 Be likely to deceive any person;
6.12.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
6.12.9 Promote any illegal activity;
6.12.10 Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
6.12.11 Be likely to harass, upset, embarrass, alarm or annoy any other person;
6.12.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
6.12.13 Give the impression that they emanate from us, if this is not the case;
6.12.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
6.12.15 Misguide any users within correct clinical information.
Uploading Material to the Website
6.13 Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with the Content Standards set out above. You warrant that any such Contribution or use does comply with those standards, and you indemnify us for any breach of that warranty.
6.14 Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
6.15 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
6.16 We have the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with the Content Standards set out above.
Suspension and Termination
6.17 We will determine, in our discretion, whether there has been a breach of these terms of use through your use of the Website. When a breach has occurred, we may take such action as we deem appropriate.
6.18 Failure to comply with these terms of use constitutes a material breach of these terms of use upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
6.18.1 Immediate, temporary or permanent withdrawal of your right to use the Website;
6.18.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
6.18.3 The issue of a warning to you;
6.18.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
6.18.5 Further legal action against you; and/or
6.18.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6.19 We exclude liability for actions taken in response to breaches of these terms of use. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.
Viruses, Hacking and Other Offences
6.20 You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
6.21 By breaching condition 6.20, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Links From the Website
6.22 The Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Images on the Website
6.23 Images on the Website are strictly for illustration purposes only. The Online surgery does not hold responsibility for any product coloring or appearance differing from the image displayed on your monitor or viewing device
Your Computer
6.24 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. You also understand 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 taking sufficient precautions and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output and the inherent risks in using the internet.
7. Privacy Policy
7.1 Please refer to our Privacy Policy to understand how we will look after your data.
8. The Goods and Services
8.1 We shall supply the Goods and/or Services to you in accordance with these Conditions.
8.2 Each request for treatment (“Request”) is subject to acceptance by us (such acceptance shall be at our sole discretion) by means of an e-mail to you or a message appearing in any account held by you with us or by providing the Services and/or dispatching the Goods (“ Confirmation”) whichever is earlier.
8.3 We shall have the right to make any changes to the Goods and/or Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Goods and/or Services, and we shall notify you of any such changes.
8.4 We may decide in our sole discretion not to provide Goods and/or Services or to cease providing Goods and/or Services to you upon our own professional advice or where the Services are used contrary to our instructions or where we consider it reasonably necessary to do so.
8.5 By using The Online Surgery service, you (the patient) have consented that you are unable to obtain a prescription from a prescriber immediately and you urgently need the prescribed medicine(s).
9. Payments
9.1 The cost of the Goods and/or Services shall be those set out on the Website from time to time (except in cases of obvious errors) and shall include postage & packing.There are no hidden charges. These prices are liable to change at any time, but changes will not affect Requests which have already been accepted by us.
9.2 By providing us with your credit/debit card details, you are authorising us to take payment in full for the Goods and/or Services. Card details must be valid and by providing us with the card details, you warrant that you are authorised to use the card.
9.3 If your card has expired or is invalid, we will not be able to fullfil your order. We will, however, attempt to contact you to update the information although no promise, warranty or representation is given that we will be successful in our attempts.
9.4 All prices on this website are in pounds sterling and exclusive of tax. The prices exclude VAT in case of medication, where as consultation services are subject to VAT applicable as per law. We take care to ensure that all pricing information on our website is accurate but occasionally there may be an error. In the event that an error has occurred and the price charged is higher than what you have been charged, we will refund the difference.
10. Delivery
10.1 Packages will be sent via Royal Mail via the delivery options mentioned below. Currently we have three delivery options available.
| Delivery Options | Cost | Delivery time |
| Special Delivery Next Day – Guaranteed by 1pm | £7.29 | Next day guaranteed by 1pm * |
| Standard Next Day Delivery | £3.99 | 1 working day ** |
| Standard Delivery | FREE | 2-3 working days ** |
