These terms and conditions (the “Terms”) (together with the documents referred to in them) govern your access and use of the Dears Pharmacy website, which is accessible via www.dearspharmacy.co.uk (the “Website”) through which services are offered (the “Services”). These Terms also govern your access to the Services.

Please read these Terms carefully before you start using the Website and before ordering any of our Services.

1. ABOUT US

1.1. The Website and the Services are operated by Barrie Dear Limited T/A Dears Pharmacy (“we”/”us”/”our”). We are registered in Scotland under company number 424013 and have our registered office at 5 Cortmalaw Avenue, Glasgow, G33 1TE, UK and trading address at Dears Pharmacy, 645 Ferry Rd, Edinburgh, EH4 2TX, UK.

1.2. You can contact us on our Website by email at info@dearspharmacy.co.uk or by telephone on 01313322851.

1.3. We are registered with and regulated by the General Pharmaceutical Council. Our pharmacists are registered with and regulated by the General Pharmaceutical Council (GPhC) and as such comply with the Standards of Practice Guidelines.

2. ACCESSING AND USE OF THE WEBSITE

2.1 ACCESSING THE WEBSITE

You are responsible for making all arrangements necessary for you to access the Website, including but not limited to a secure internet connection.

2.2. LINKING TO OUR WEBSITE

2.2.1 We’re happy for you to link to our Website but that must be done in accordance with the below rules:

• You can only link to our home page “www.dearspharmacy.co.uk”. There are strict regulations on promoting medications and associated treatments. You are expressly prohibited from making such promotions.
• Include only a link not a frame.
• Do not suggest any form of association, approval or endorsement on our part where none exists.
• If we find that our reputation is damaged in any way by the reference you’re making, we’ll take the necessary steps to protect it by removing any link to the Website.

2.2.2. If you’re unsure, please ask us before linking to our Website. We reserve the right to withdraw linking permission without notice if it doesn’t meet our guidelines or otherwise at our absolute discretion.

2.3. PROHIBITED USES

You may not:

• use the Website or consume our Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• use the Website or our Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, trojans, worms, logic bombs or any other material that is malicious or technologically harmful. A breach of this clause constitutes a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with them by disclosing your identity to them. In the event of such a breach, your right to use our Platform and Services will cease immediately.

2.4. INTELLECTUAL PROPERTY RIGHTS

2.4.1. We either own or have the right to use all intellectual property rights in the Website, including but by no means limited to, rights in copyright, patents, database rights, trade marks, the tort of passing off and all other intellectual property rights, in the Website, the Services, and their content (“IPR”). All such rights in the IPRs are reserved and, for the avoidance of doubt, no such rights are granted to you under these Terms.

2.4.2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal and/or business use (but only to the extent you are purchasing our Services from the Website) and you may draw the attention of others within your organisation to content posted on our Website for such use only.

2.4.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

2.4.4. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

2.4..5. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. For the avoidance of doubt, this expressly prohibits any use of the Website by you (or anybody connected with you) to falsely misrepresent our goods, products and/or Services as being those which are provided by you. In addition, prohibition under this clause, such conduct would also be an infringement of our intellectual property rights under the tort of passing off (and otherwise, where applicable).

2.4.5. Your use of scraping software in respect of any element of the Website (including our databases) is expressly prohibited.

2.4.6. We take the enforcement and protection of our intellectual property rights very seriously and if you print off, copy or download any part of our Website or otherwise deal with the Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, immediately return or destroy any copies of the materials you have made. Furthermore, you agree to indemnify us for and against any losses that we suffer as a consequence of your breach (with such losses under this clause including but not limited to actions, awards, charges, claims, compensation, costs, damages, demands, expenses, fees, fines, interest, liabilities, losses, penalties, proceedings and settlements).

3. OUR SERVICES AND HOW YOU SHOULD USE THEM

3.1. REQUIREMENTS TO BE ELIGIBLE FOR OUR SERVICES

3.1.1. By registering and ordering our Services, you must be:
At least 18 years old or 16 years old or over for emergency contraception (commonly referred to as the “morning after pill”), contraception, and period delay services only.
Resident in the UK.

3.1.2. Our Services are to be provided in the UK. We do not accept orders or deliveries, from or to, outside the UK.

3.1.3. Our Services are NOT to be used in an EMERGENCY situation.

3.1.4. If you believe that you or the person you are assisting is in an urgent or emergency situation you should immediately dial 999 or seek alternative emergency medical services.

3.1.5. All services booked are non-refundable.

4 YOUR ACCOUNT

4.1. REGISTRATION

4.1.1. You cannot benefit from our Services without first registering on our Website. By doing so, you must create a secure online account (“Account”) which will contain the following information:

• Messages you receive from our pharmacists.
• Recommendations.
• The treatments we provided to you.
• A link to our Services.
• A help section.
• Your settings.
• A link to these Terms and the Privacy and Cookie Notices (which govern how we shall handle any personal data that you supply to us).

4.1.2. You must not register for more than one Account and, in creating your Account under clause 4.1.1, are required to provide us with your correct name, address, date of birth, email and telephone number. In the event that you fail to provide us with the correct details under this clause.

4.1.2, we reserve the right to restrict your access to the Account, the Website and the Services.

4.1.3. To improve and make the process of identity verification more efficient we might use an identity and verification (“ID&V”) provider in respect of your registration of the Account.

4.1.4 Do not register on the Website on behalf of anyone other than yourself unless you have permission to do so from that individual and we receive express written consent from the individual in question.

4.2. YOUR SETTINGS

4.2.1. This is where you can change your personal information and update your email preferences (please check our Privacy Notice more information on how we handle your personal data).

4.2.2. If you would like to stop using our Services, you can suspend your Account in the settings section. Your Account will become inactive with immediate effect. Legally, we are required by law to keep the electronic patient records including personal information, communication and treatments until ten years after the patient’s death or after the patient has left the EU. Please note that suspending your Account will not delete these data (please check our Privacy Notice more information on how we handle your personal data).

4.3. YOUR ACCOUNT PRIVACY AND SECURITY

4.3.1. Please treat your login, patient ID, password and any other secure piece of information in respect of the Account as confidential. You should never disclose any secure information to a third party.

4.3.2. Choosing a secure password is very important. Please refer to the National Cyber Security Centre website for tips on how to choose a strong password.

4.3.3. If you know or suspect that anyone other than you knows your user identification code or password to your Account, you must promptly reset your password to something only you know.

4.3.4. We cannot be responsible for any loss or damage caused as a result of an unsecured password that is selected by you or by your failure to comply with this clause 4.3.

4.4. YOUR RESPONSIBILITIES

4.4.1. You must use the Website and the Services with care and in compliance with the below:
The provision of Services to you is conditional on you completing truthfully, honestly and to the best of your knowledge a pre-assessment and all consultation questionnaires contained on our Website. Please do not try to fill in the questionnaire or pre-assessment until you’re completely clear on what each question means. If you do not understand a question, are unsure how you should answer certain questions, or you do not fully understand the advice or information given to you on our site, you can speak to your regular healthcare provider or get in touch with us.

• Please do not complete any pre-assessments on behalf of anyone other than yourself.
• Please do not complete any questionnaires on the Web, unless you have permission to do so from that person and we receive express written consent from the person in question.

4.4.2. We are not liable for any loss or damage that may result from:

• A failure by you to provide and continuously maintain complete, truthful and accurate information in your Account and in all the pre-assessments and questionnaires you complete or any other information you provide to us.
• A failure by you to follow advice given on the Website or from your failure to pass on information to your regular healthcare provider.

5. SERVICES FROM THE DEARS PHARMACY WEBSITE

5.1. WHAT THE SERVICES ARE

5.1.1. We provide medical consultations to you based on online questionnaires you complete, telephone conversations, secure messaging and photo assessments.

5.1.3. If our pharmacists determine, based on the consultation, that a treatment is required and that you are suitable for remote treatment, they will issue a prescription which will be sent to a Dears Pharmacy, which will then legally supply and dispense the medicines to you directly in its own name.

5.1.4. If you have any issues such as side effects or any questions related to the treatment we prescribed, our pharmacists will provide you with follow-up medical advice.

5.2 HOW THE SERVICES OPERATE

5.2.1. Registration
When you first visit our Website, you will have the option to first register or to immediately select one of our Services. If you decide to immediately start using our Services you will need to register before submitting your medical questionnaire to a pharmacist.

5.2.2. Questionnaire
Why a questionnaire? It’s the same as going to your GP’s practice for a consultation. Our pharmacists need to know about your condition, the medication you’re taking, your allergies and anything else that will help them to assess whether your preferred treatment is safe for you.

Our questionnaires are all built by our pharmacists in line with best medical practice, and they’re tailored to the specific Services that we offer.

5.2.3. Consultation
Our Services are either (i) one-step journeys or (ii) two-step journeys.

5.2.4. One-step journeys
Under the one-step journey, you will need to carry out the following actions in order for the Services to be available to you:

• Complete a health questionnaire.
• Agree to these Terms. Select your preferred treatment and click order.
• Register on our Website or log in if you’ve already registered.
• Choose a delivery method.
• Pay for your consultation, course of treatment and delivery costs, if any.
• Submit your order.
• The pharmacist will contact you to:
• Confirm your preferred treatment is suitable, or
• Ask you further information through your Account, or
• Advise if treatment is not suitable and subsequently cancel your order or provide advice.

Once you have submitted a questionnaire, our pharmacists aim to respond to you within 24 hours on weekdays, however we cannot guarantee that you will receive a response within this timeframe and it may take several days for such a response to be received.

We will email or text you (if applicable) a confirmation that you’ve successfully registered with us and that our pharmacists are reviewing your questionnaire and attachments.