IMPORTANT LEGAL NOTICE

• 1. INTRODUCTION
  • 1.1 This Website provides an online service allowing registered users to place orders for repeat prescriptions for medications.
  • 1.2 As a pharmacy, you may apply to be registered as a provider of the online repeat prescriptions (the "Services").
  • 1.3 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
  • 1.4 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
• 2. APPLICATION PROCESS
  • 2.1 To apply to be registered as a provider of the Services, please complete and submit the application form located in the "Pharmacy Registration"] section.
  • 2.2 After submitting the application form, you will receive an e-mail from us acknowledging that we have received your application. Please note that this does not mean that your application has been accepted. Your application constitutes an offer to us to provide the Services. The contract between us will only be formed when we send you the acceptance email.
  • 2.3 We do not have to give you any reason for rejecting your application.
• 3. TERM AND TERMINATION
  • 3.1 The contract between us will commence on the date of the acceptance email and continue for an initial period of 12 months and thereafter shall be automatically renewed for further 12 month periods, unless terminated by either party giving not less than one month's notice to expire on the last day of the initial or any subsequent 12 month period.
  • 3.2 Without prejudice to any rights that have accrued under these terms and conditions, we reserve the right to terminate the contract immediately if:
    • 3.2.1 you fail to pay any sums owing to us under clause 5.1 within 28 days of our invoice being issued to you;
    • 3.2.2 you commit a material breach of any term of these terms and conditions.
    • 3.2.3 you become insolvent.
• 4. SUPPLYING THE SERVICES
  • 4.1 If your application to provide the Services is approved, you will be included on the Website pharmacy database as a provider of the Services.
  • 4.2 Registered users will access the Website, request a repeat prescription, select the pharmacy that they wish to dispense the prescription and select whether they wish to collect their medication from the pharmacy or have the medication delivered to them.
  • 4.3 Once the Company receives the prescription request, we will pass it to the nominated pharmacy. If you are the nominated pharmacy you must process the request within 24 working hours. If you are unable to approve the request, you shall contact the registered user by email or telephone within one working day of the request being submitted to inform them of your decision. If you approve the request, you shall pass the request to the registered user's surgery for further verification and approval. Prescriptions are approved at the discretion of the surgery and the Company cannot guarantee that any prescription request made through the Website will be accepted by the surgery.
  • 4.4 If both yourselves and the surgery approve the request, the surgery will endeavour to issue the repeat prescription in line with the NHS standard for GPs, that is, within two working days and you shall then endeavour to prepare the medication for collection at the pharmacy, or, if the registered user has selected the delivery option, deliver the medication, within three working days of the registered user submitting the request.
  • 4.5 If the registered user has selected the delivery option, you shall arrange for delivery of the medication to the registered user's home address or to a delivery address nominated by the registered user within the delivery area specified at the delivery area section on the Website You must ensure that the registered user is present at the delivery address in order to sign for the prescription and provide valid photo identification to validate that they are the patient. If you are unable to deliver the medication (for example, because the registered user is not present at the delivery address), your should return the medication to the pharmacy. You shall send an email to the registered user within 6 hours of failed delivery and shall invite the registered user to collect the medication from the pharmacy.
  • 4.6 As the nominated pharmacy, you are responsible for dispensing and delivering the medication, the Company is not responsible for dispensing errors or a failure to make available for collection or to deliver medicines to the correct address or within a particular time frame.
  • 4.7 If the registered user has any concerns in relation to the medication, the registered user has the right to contact you by telephone including in connection with:
    • 4.7.1 late or non delivery of medications;
    • 4.7.2 damaged medication or if the delivery appears to be incorrect;
    • 4.7.3 returns or cancellations of prescription products including those which the registered user has decided it no longer wishes to keep.
  • 4.8 You shall provide the registered user with all reasonable assistance.
• 5. PAYMENT
  • 5.1 In consideration of the Company providing the vehicle for you to provide the Services, you will pay to the Company:
    • 5.1.1 a set up fee of £100 + VAT per pharmacy. This charge entitles the pharmacy to link up to 50 surgeries.
    • 5.1.2 £10 + VAT for each additional surgery above 50 for each pharmacy.
    • 5.1.3 £10 + VAT per month after the pharmacy receives over 300 requests per month (taken as an average of the previous three months)
  • 5.2 All sums payable under clause 5.1 shall be paid in full and cleared funds within 28 days of the issue of the Company's invoice to you.
  • 5.3 If any sum under clause 5.1 is not paid when due then, without prejudice to the parties' other rights under the contract, that sum shall bear interest from the due date until payment is made in full, both before and after any judgment, at 4% per annum over Barclays Bank plc base rate from time to time. The Company reserves its right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998.
  • 5.4 Myrepeats reserves the right to change the charges listed in 5.1 by giving 3 months notice in writing to the service supplier.
• 6. YOUR OBLIGATIONS
  • 6.1 You undertake to us to do the following in relation to the contract:
    • 6.1.1 pay the sums due to us under clause 5.1 in a timely manner and time shall be of the essence in relation to your payment obligations;
    • 6.1.2 ensure that you, the pharmacy, are registered with the Royal Pharmaceutical Society of Great Britain for the duration of the contract;
    • 6.1.3 promote the myrepeats.com service within your local area.
    • 6.1.4 ensure that you have a computer within the pharmacy that is fit for the purposes of performing your obligations under the contract and that is able to receive emails via either Microsoft Outlook or Outlook Express.
• 7. LICENCE
  • 7.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
    • 7.1.1 no documents or related graphics on the Website are modified in any way;
    • 7.1.2 no graphics on the Website are used separately from the corresponding text; and
    • 7.1.3 the Company's copyright and trade mark notices and this permission notice appear in all copies.
  • 7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 7.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
  • 7.3 Subject to clause 7.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
  • 7.4 Any rights not expressly granted in these terms are reserved.
• 8. SERVICE ACCESS
  • 8.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
  • 8.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
• 9. VISITOR MATERIAL AND CONDUCT
  • 9.1 You are prohibited from posting or transmitting to or from the Website any material:
    • 9.1.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
    • 9.1.2 for which you have not obtained all necessary licences and/or approvals; or
    • 9.1.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
    • 9.1.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
  • 9.2 You may not misuse the Website (including, without limitation, by hacking).
  • 9.3 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 9.1 or clause 9.2.
• 10. LINKS TO AND FROM OTHER WEBSITES
  • 10.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does 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 linked to the Website, you do so entirely at your own risk.
  • 10.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
    • 10.2.1 you do not remove, distort or otherwise alter the size or appearance of the Company logo;
    • 10.2.2 you do not create a frame or any other browser or border environment around the Website;
    • 10.2.3 you do not in any way imply that the Company is endorsing any products or services other than its own;
    • 10.2.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;
    • 10.2.5 you do not otherwise use any Company trade marks displayed on the Website without express written permission from the Company;
    • 10.2.6 you do not link from a website that is not owned by you; and
    • 10.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
  • 10.3 The Company expressly reserves the right to revoke the right granted in clause 10.2 for breach of these terms and to take any action it deems appropriate.
  • 10.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 10.2.
• 11. DISCLAIMER
  • 11.1 While the Company shall use best endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, and shall use reasonable endeavours to provide you with notice of such changes.
  • 11.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
• 12. LIABILITY
  • 12.1 The Company is not liable for any failure by the surgery to prescribe or by you to dispense the correct medicine as requested by the registered user through the Website.
  • 12.2 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
  • 12.3 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
    • 12.3.1 death or personal injury caused by negligence fraud; or
    • 12.3.2 misrepresentation as to a fundamental matter; or
    • 12.3.3 any liability which cannot be excluded or limited under applicable law.
  • 12.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
• 13. DATA PROTECTION
  • Both parties shall comply with their obligations under the Data Protection Act 1988.
• 14. NOTICES
  • 14.1 The Website is owned and operated by Coombe Care Limited, 23 Shelley Road, Worthing, West Sussex, BN11 4BS.
  • 14.2 All notices shall be delivered to the email address provided by you when registering with the Website and any correspondence from you should be sent by email to the postal address above.
• 15. RIGHTS OF THIRD PARTIES
  • The parties to these terms and conditions do not intend that any term of the contract will be enforceable by virtue of the Contracts Rights of Third Parties) Act 1999 by any person that is not a party to it.
• 16. SEVERANCE
  • If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
• 17. CONFIDENTIALITY
  • Any confidential information supplied by you is supplied in confidence and shall not be used by the Company for any purpose other than those permitted under these terms and conditions.
• 18. GOVERNING LAW AND JURISDICTION
  • This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

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