TERMS OF USE
LAST UPDATED: Tuesday, 15th December, 2023
These Terms of Use (these “Terms of Use”) is a binding legal agreement between Virtual Pharmacists Limited, with its registered office at Virtual Pharmacist LTD Bramwell Rd, Allerton Bywater, Castleford WF10 2GQ (the “Company” “we”, “us”, or “our”), and any user (“User”, “you” or “your”) who accesses and uses https://virtualpharmacist.co.uk/services/ (the “Website”) by checking a box agreeing to all the terms and conditions, agrees to these Terms of Use.
Please read these Terms of Use, our Privacy Policy, and Cookie Policy carefully, which may be found at https://virtualpharmacist.co.uk/services/, and which are incorporated by reference into these Terms of Use.
If you do not agree with these Terms of Use, you must stop using or accessing the Website immediately. Failure to use our Website in accordance with these Terms of Use may subject you to civil and criminal penalties. The Company may modify these Terms of Use from time to time, and any amendments or variations to it shall take effect from their date of publication on the Website.
WEBSITE
The Company merely provides the Website for Users to use services provided on the Website. All transactions shall be the responsibility of the Users only. These Terms of Use shall not be deemed to create any partnership, joint venture, or other joint business relationship between the Company and its Users.
Subject to these Terms of Use, you may access and use the Website and any other software that may be made available by the Company in connection with the Website services or any other application(s), and it may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You hereby acknowledge and agree that the Company, in its sole discretion, may choose not to provide any part of the Website. All rights, title, and interest in and to the Website and its components will remain with and belong exclusively to the Company. You shall comply with the notices, code of conduct and policies of the Company published in connection with the use of the Website, and you shall promptly notify the Company if you become aware of a security breach, or a potential security breach related to the Website.
The Company reserves the right to discontinue or modify any portion of these Terms of Use as deemed necessary or desirable without prior notification to you. Such changes may include, among other things, the addition of certain fees or charges. We suggest to you, therefore, that you re-read these Terms of Use from time to time to stay informed about any such changes. These Terms of Use, as modified or amended from time to time, is a binding contract between the Company and you. If you visit or use the Website, you accept the modified or amended Terms of Use.
The Website is freely accessible to the User(s). If you represent a business entity, it will be deemed that you have the authority to bind the business entity to these Terms of Use (constituting a legal and binding agreement) and all other information submitted concerning the business entity is true, accurate, current, and complete.
Our Website services are available only to those Users who can form legally binding contracts under the applicable law. Therefore, User(s) must not be a minor as per the applicable law, i.e., User(s) must be at least eighteen (18) years of age to be eligible to use the Website. The Company advises its User(s) to follow/abide by the applicable laws while accessing the Website.
These Terms of Use apply to User(s) if User(s) are visitors or registered Users, free or paid User(s) who access the Website and avail the Website services online or otherwise for any purpose in accordance with these Terms of Use along with any additional terms and condition that may apply to the specific service used/accessed by the User(s). In the event of conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of a particular Website service, the provisions of the terms and conditions applicable to such specific Website service shall prevail.
To the extent you access the Website through any device, your wireless service carrier’s standard charges, data rates, and other fees may apply. By using the Website, you agree that we may communicate with you regarding the services provided on the Website by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Website by push notifications, reminders, and alerts to provide our Website services and other information. We shall have no responsibility whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails, SMS/MMS, or otherwise shall be subject to change at the Company’s sole discretion. The Company owes no responsibility to provide you any prior information regarding such change except as published on the Website.
INTELLECTUAL PROPERTY RIGHTS
Company is the sole owner and/or lawful licensee of all the rights to the Website’s intellectual property. The Website’s intellectual property shall mean, not limited to, its design, layout, text, images, graphics, sound, video, etc.
All rights not otherwise claimed under these Terms of Use or by the Company are hereby reserved. The Company does not represent or endorse the accuracy or reliability of any information or advertisements contained on, distributed through, or linked, downloaded, or accessed from the Website or otherwise, the quality of any Website service, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in connection with the Website and/or the Website services.
While we do our best to provide our Users with the best and most reliable information, we accept no responsibility for any errors or omissions or the results obtained from the use of any information. All information on the Website is provided “as is” with no guarantee of completeness, accuracy, timeliness, or the results obtained from the use of such information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Nothing herein shall, to any extent, substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to its Website.
Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Website.
Company respects the intellectual property rights of others, and we expect our User(s) to do the same. We believe that User(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, or databases available on or through the Website for the purpose of re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with the Company.
As a condition of your access to and use of the Website, you agree that you will not use the Website to infringe the intellectual property rights of others in any way. The Company reserves the right to terminate the Website services being provided to a User(s) upon any infringement of the rights of others in conjunction with the use of the Website, or if the Company believes that User(s) conduct is harmful to the interests of Company, its affiliates, or other users, or for any other reason in Company’s sole discretion, with or without cause.
LINKS TO THIRD-PARTY WEBSITES
The Website may provide links to third-party websites as a convenience to User(s); you are cautioned to read such websites’ terms and conditions and/or privacy policies before using such websites to be aware of the terms and conditions of your use of such websites. The Company has no control over third-party websites and does not monitor such websites. The Company shall not be responsible or liable to anyone for such third-party websites or any content, products, or services made available on such a website.
TERMINATION
Most of the features of the Website are made available to Users free of charge. However, Company reserves the right to terminate access to certain areas or features of the Website to any and all its Users, whether paying or registered, at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular Users to any and/or all of its Website services without any prior notice/explanation to protect the interests of the Company and/or other Users. The Company reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.
DATA PROTECTION
Personal information supplied by User(s) during the use of the Website is governed by our Privacy Policy.
DISCLAIMER
The Website services are provided on an “as is” and “as available” basis, and Company hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of quality, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, undertakings, and terms are hereby excluded. The Company makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, and completeness of any information provided on or through the Website. Any material downloaded or otherwise obtained through the Website is done at your sole discretion and risk. You are solely responsible for any damage to your computer system or data loss that may result from downloading any such material. No advice or information, whether oral or written, obtained by you from the Website or through the Website shall create any warranty not expressly stated herein.
LIMITATION OF LIABILITY
The Company shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages.
GOVERNING LAW
The terms contained in these Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the United Kingdom. Any dispute which may arise between the Company and the User pertaining to the implementation or interpretation of these Terms of Use shall be amicably settled, failing which the courts in the United Kingdom shall have the exclusive authority to settle the same.
DISPUTE RESOLUTION
All disputes arising out of or in relation to these Terms of Use, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Company and the User within thirty (30) days of being brought to their attention, will then be settled by arbitration governed by the provisions of appropriate arbitration laws. If Company and User are not able to agree on a sole arbitrator, a panel of three (3) arbitrators shall be appointed wherein Company and User shall each appoint one (1) arbitrator, and the two (2) arbitrators together shall appoint the presiding arbitrator.
The venue/seat of arbitration shall be the United Kingdom, and the language of the arbitration shall be English. A dispute shall be deemed to have arisen when either Company or User notifies the other in writing to that effect. The decision of the arbitrator(s) will be final and binding on Company and the User.
WAIVER
The User hereby, with this reference, waives their right to take legal action against the Company, including without limitation, its representatives, licensees, marketers, and any other related parties for the breach of any of these Terms of Use. Notwithstanding the foregoing, the User shall in no way have deemed to have waived their right to any legal action resulting from any material breach of these Terms of Use and/or any obligations mentioned within these Terms of Use for which they ought to have a legal remedy under appropriate law.
Company’s failure to enforce any right or failure to act with respect to any breach by a User(s) under these Terms of Use will not waive that right, nor will it waive Company’s right to act with respect to subsequent or similar breaches by the User(s).
MISCELLANEOUS
NOTICE: Any notice or other communication provided for herein or given hereunder to the Company and/or the User shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return receipt requested) or e-mail to Company’s address as mentioned in these Terms of Use and to the e-mail address of the User as provided to us by the User in writing at the time of availing the services on the Website.
SUCCESSORS AND ASSIGNS: these Terms of Use shall be binding on and inure to the benefit of the Company and the User and their respective heirs, legal or personal representatives, successors, and assigns.
CONFIDENTIALITY: Any communication made by the User(s) to Company via or on the Website is confidential. However, your communication may be recorded to ensure the quality of service. Further, for training purposes and to ensure excellent customer service, calls from and to Company may be monitored and recorded.
FORCE MAJEURE: Company shall not be liable for any failure or delay in performance of these Terms of Use, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to internet failures, computer, telecommunications or any other equipment failures, electrical power failures, acts of God, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labor activity, or strike, court order or any other cause outside our exclusive and direct control.
ELECTRONIC SIGNATURES/ COUNTERPARTS: These Terms of Use may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. For purposes of these Terms of Use, the use of a facsimile, email, or other electronic media shall have the same force and effect as an original signature.
ENTIRE AGREEMENT: These Terms of Use, along with other documents as and when updated on the Website, shall constitute the entire agreement between Company and User relating to the subject matter contained in these Terms of Use and supersede all prior or contemporaneous negotiations, commitments, and understanding of Company and User, whether oral, written or otherwise.
SEVERABILITY: Whenever possible, each provision of these Terms of Use will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms of Use is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
SURVIVABILITY: All clauses that logically ought to survive the termination of these Terms of Use shall survive.
HEADINGS: Headings used in these Terms of Use are provided for convenience only and shall not be used to construe meaning or intent.
AFFIRMATION: The User affirms that they have entered into these Terms of Use freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in these Terms of Use and have read and understood the terms and conditions contained in these Terms of Use.
- ISO: 00017630581
CONTACT US: If you have any queries regarding these Terms of Use, please contact us by email at hello@virtualpharmacist.co.uk, by post to Virtual Pharmacist LTD Bramwell Rd, Allerton Bywater, Castleford WF10 2GQ, or by phone on 01138715065.
