1. ABOUT US
1.1. We are Cure Clinics Dispensing Services Ltd (we/us/our). We are a private limited company incorporated in England and Wales with company number 14242324. Our registered office is at 10 Cable Court Pittman Way, Fulwood, Preston, Lancashire, United Kingdom, PR2 9YW.
1.2. We and our pharmacists are registered with, and regulated by, the General Pharmaceutical Council (GPhC). Our GPhC registration number is 9012825.
1.3. You can contact us in relation to these Terms via email at contact@pharmacy.cureclinics.uk, by telephone on 01772500424 or otherwise by writing to us at our registered office address.
2. THESE TERMS AND CONDITIONS
2.1. These Terms and Conditions (Terms) set out the basis on which we:
(a) make the www.pharmacy.cureclinics.uk and the associated www.connect.cureclinics.uk patient portal (collectively, the Patient Portal) available to patient users; and
(b) agree provide our online dispensing service (the Services) for clinical prescriptions (Prescriptions). We refer to the terms Services and Prescriptions interchangeably in these Terms.
2.2. More information regarding our Patient Portal and Services can be found via the "About Us" section of the Patient Portal.
2.3. Our Services are only carried out remotely at a distance. We do not operate an instore pharmacy.
2.4. In these Terms we refer to users (whether they only access the Patient Portal or they access the Patient Portal and wish to receive our Services) as you and your.
2.5. You must review these Terms each time you access the Patient Portal and wish to receive our Services. We treat each Prescription we dispense as an individual order for our Services. This means that the Terms may change from time to time between Prescriptions. It is important that you fully understand which version of these Terms apply each time you access the Patient Portal.
3. YOUR PRIVACY
3.1. Your privacy is our priority. You'll find everything you need to know about how we keep your personal data secure within our Privacy Policy, which can be found at https://pharmacy.cureclinics.uk/privacy-notice/
3.2. We may also share any personal data that you provide to us in connection with the Services with:
(a) NHS England, to allow them to monitor our Services and to help evaluate the Services;
(b) the organisation that has written your Prescription that is the subject of the Services (the Prescribing Organisation); or
(c) otherwise where we are required to do so under applicable laws and regulations.
4. ACCESS TO THE PATIENT PORTAL
We cannot guarantee that the Patient Portal, our any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Patient Portal for business or operational reasons. If you have created an account to use the Patient Portal, we will try to give you as much notice as is possible of any suspension or withdrawal. Where you have an active order for a Prescription at a time where the Patient Portal is unavailable, you can contact us (see clause 1.3) to obtain an update regarding that order.
5. REGISTRATION PROCEDURE
5.1. In most circumstances, your access to the Patient Portal will be following an email from us inviting you to register for the Services. The reason for this is because we have a contractual relationship with your Prescribing Organisation, whereby we have agreed to provide the Services to the Prescribing Organisation's patients. Your Prescribing Organisation will have provided us with information including your name, email and contact address and details of your Prescription in order for us to correspond with you in relation to the Services.
5.2. You must be aged 18 or over to register for and use our Services. Where you are under 18, a parent or legal guardian must register and act on your behalf in connection with the Services.
5.3. If you do not wish to register for the Services, please contact us (see clause 1.3). Where you do not register for the Services, we will not be obliged to dispense your Prescription. You will need to contact your Prescribing Organisation to put in place alternative arrangements for your Prescription.
5.4. In order to register for and receive the Service you will need to verify your identity. To do this, you will be taken to a portal via the Patient Portal where you will be asked some questions and be required to provide identifying documentation. We can only commence our performance of the Services once this has been successfully completed.
5.5. You will also need to confirm your payment details. By doing so, you authorise the regulated payment provider that we use (Ryft Pay Ltd) to securely store your payment details. We may place a temporary pre-authorisation (a hold) on your card to verify funds. No payment will be taken at this stage. We will only raise a charge for our Services on a Prescription-by-Prescription basis in accordance with clauses 6 and 7, below.
5.6. Please note that we will not store or have access to your payment details. You may at any time request the deletion of your payment details by the payment provider that we use by contacting us, providing that no outstanding amounts are owed from you to us.
5.7. By registering for the Services, you confirm that we are authorised to review the National Care Records Service to satisfy ourselves that we can provide the Services to you. We may also contact you (by using the email address and/or telephone number you provide to us) and/or the Prescribing Organisation. At that time, we may request that you or they (as applicable) provide us with further documentation in order to satisfy ourselves that we can provide the Services to you.
5.8. You confirm to us that the information that you provide to us when registering for the Services (and otherwise in connection with the Services, such as your delivery address, referred to below) will be true, complete and accurate. You acknowledge that we can have no liability to you whatsoever as a result of any incomplete, inaccurate and/or untrue information that you supply to us.
5.9. We reserve the right to refuse to provide the Services to individuals that we reasonably consider are:
(a) not the named patient on the Prescription;
(b) not suitable for medicinal products that are the subject of the Prescription; or
(c) using the Services for fraudulent or other criminal activities,
and in each case, we reserve the right to report such to the appropriate authorities.
5.10. We may also refuse to provide the Services where we reasonably consider that doing so would breach any applicable laws or regulations that apply in relation to the Services.
5.11. We may instead suspend the Services until we are able to satisfy ourselves that any of the matters listed in clause 5.7 or clause 5.8 do not apply. We are not responsible for any delays during such period of suspension, although we do agree to try to keep all delays to a minimum.
6. ACCEPTING PRESCRIPTIONS AND DELIVERY
6.1. Once you have successfully registered for the Services you will then need to confirm, on a Prescription-by-Prescription basis, that the contents of the Prescription (specifically, the medicinal products referred to in it, as well as your delivery address (the Delivery Address)) are complete and accurate. You accept that we cannot have any responsibility for any inaccuracies in this information. You will also be asked to confirm charges that are applicable for our Services (please see clause 7) at that time.
6.2. We reserve the right not to deliver the Prescription to a Delivery Address that we reasonably consider is unsuitable or unsafe. This includes, but is not limited to schools, universities, workplaces, hotels, or any other public address. Where this applies, we will notify you promptly and agree an alternative Delivery Address.
6.3. There will be a function on the Patient Portal in order for you to confirm the information referred to in clause 6.1. You agree that this will be your confirmation for us to provide the Services to you in connection with the relevant Prescription and in accordance with these Terms. In response, we will confirm whether or not we are able to provide the Services (which will take place either via Patient Portal, email or telephone) or if we require further information from you. We will provide you with reasons where we are not able to provide the Services.
6.4. Our delivery of the Prescription to you in connection with the Service will be made to the Delivery Address via Royal Mail or any other courier of our choice. We will use our reasonable endeavours to accommodate any special requests for delivery (for example, delivery on a specific day or within a specific window) although there may be a charge that applies to this. If that is the case, then we will let you know.
6.5. Any delivery dates that we notify to you are approximate only and are subject to when the Royal Mail or our other couriers are able to deliver the Prescription. To the greatest extent permitted by law, we will not be responsible for any delays experienced with the delivery of the Prescription.
6.6. You are responsible for ensuring that the Delivery Address is accurate and that you are available to accept delivery of the Prescription at the Delivery Address. If delivery cannot be completed due to matters withing your control but outside of ours (for example, you (a) fail to accept the Prescription, (b) provide an incorrect or incomplete Delivery Address), the Prescription may be returned to us or held by the Royal Mail. In such circumstances, we are not obliged to attempt redelivery until any applicable costs of redelivery that we are required to incur have been paid in full by you to us.
6.7. We will not be liable for any loss, damage, or delay resulting from your failure to accept delivery of the Prescription in accordance with this clause.
6.8. Each order you make for a Prescription will form a separate contract between you and us in connection with our delivery of that Prescription, based on the version of these Terms that applies at the time of that order.
7. CHARGES
7.1. Whether or not you are required to pay for your Prescription depends on what type of patient you are and whether you normally pay for your prescriptions.
7.2. We provide the Services to two categories of patient, as follows:
(a) private-paying patients; and
(b) NHS patients that have a "right to choose" their healthcare provider.
7.3. You will be required to pay for your Prescription in the following circumstances:
(a) where you are a private-paying patient, in which case the charges will be displayed to you via the Patient Portal when you are prompted to review and confirm your Prescription; or
(b) where you are an NHS patient with a "right to choose" and you normally pay for your prescriptions, in which case you will be required to pay the NHS levy for the Prescription,
and the applicable costs (together with the costs associated with delivery, if any) will be displayed to you via the Patient Portal. These costs may change from Prescription-to-Prescription, so it is important that you check them each time you use the Patient Portal.
7.4. You will not be required to pay for your Prescription where you are a patient with a "right to choose" and you do not normally pay for your prescriptions. Where this clause applies, we may require that you declare your exempt status before we perform the Services.
7.5. Where you are required to pay for the Services, you can do so via the payment gateway on the Patient Portal (which will display information on the payment methods we accept and do not accept). The payment provider may itself have contractual terms which will apply separately to these Terms. We will not be obliged to provide the Services until you have paid all charges relating to them in full.
7.6. If, due to a technical error, we issue an incorrect invoice or fail to charge the full amount due, we reserve the right to correct that error, provide you with an explanation, and request payment of the outstanding balance. Where you have been overcharged, we will refund the excess promptly on becoming aware of that overcharge.
8. QUALITY AND RETURNS
8.1. Please note that because the Prescriptions are medicinal products, you will not have rights to change your mind in respect of them under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013. This means that you will not be able to change your mind and obtain a refund once the Prescription has been delivered to you (or it is in the process of being delivered).
8.2. We have a legal duty under the Consumer Rights Act 2015 to ensure that each Prescription we dispense is of a satisfactory quality. Where you believe that we have failed to supply the Prescription in accordance with our statutory obligations, you must return the Prescription to us at our address in clause 1. Please note that you will initially be responsible for the costs associated with the return of the Prescription, which will be refunded to you (provided they are reasonably incurred) if we agree with the reasons for your return.
8.3. Following our investigation (which we will carry out as soon as possible following your return of the Prescription), we will notify you in writing of the result.
8.4. Where we accept that we have failed to conform with our statutory obligations, we agree to redeliver, as soon as possible, a replacement Prescription. We will also provide you with a refund for your reasonably incurred return costs within 14 days. This clause does not affect your statutory rights.
8.5. Where we do not accept that we have failed to conform with our statutory obligations, we will inform you of the applicable costs associated with redelivering the Prescription back to you.
9. HOW TO MAKE A COMPLAINT
To make an official complaint about either the Patient Portal or the Services, you should contact the Customer Support management team. You can do this by visiting https://pharmacy.cureclinics.uk/complaints/.
10. OUR LIABILITY TOWARDS YOU
10.1. We do not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in respect of any Prescription we supply.
10.2. These Terms only govern our supply of Prescriptions for domestic use. If you use any Prescription for any business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity that you suffer or incur in connection with that use.
10.3. We will also not be responsible for any loss or damage suffered by you as a consequence of any false, misleading or inaccurate information you provide to us in connection with the Services.
11. ENDING THE CONTRACT
11.1. We can immediately end any contract that is formed on the basis of these Terms (or, otherwise, suspend or terminate your access to the Patient Portal) where:
(a) you commit a breach of these Terms which is irremediable or, if it is remediable, you fail to do so within a reasonable period of time of our request for you to do so;
(b) you fail to pay any costs associated with our Services on the due date for payment;
(c) you fail to accept delivery of the Prescription and fail to arrange an alternative delivery date; or
(d) in our reasonable view, your access to and/or use of the Patient Portal is in a manner that is contrary to the basis on which the Patient Portal is made available to you,
and, where we do so, we will provide you with written reasons.
11.2. You may have a right to terminate any contract that is formed on the basis of these Terms where we fail to comply with our statutory obligations in connection with our delivery of the Prescription.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. All trade marks, service marks, logos and trade names and other materials which appear on the Patient Portal, whether registered or not (Intellectual Property) remain the property of us or where applicable our licensors. This Intellectual Property is protected by laws and treaties around the world. All such rights are reserved.
12.2. You may print off one copy, and may download extracts, of any page(s) from the Patient Portal solely for your personal use. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way. Our status (and that of any identified contributors) as the authors of content on the Patient Portal must always be acknowledged.
12.3. You must not use any of the content on the Patient Portal or our Intellectual Property for commercial purposes without obtaining a licence to do so from us or our licensors. We are under no obligation to provide that licence.
13. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be in breach of any of our obligations under these Terms (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of our obligations shall be extended accordingly, however if the delay continues, we will keep you informed.
14. JURISDICTION AND APPLICABLE LAW
These Terms are governed by English law and any dispute arising under or in connection with them shall be determined exclusively by the English courts except that if you are a resident of Northern Ireland and you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland, you may also bring proceedings in Scotland. You may wish to attempt to resolve any dispute without resorting to legal proceedings, and in such instance alternative dispute resolution may be used.
15. OTHER IMPORTANT TERMS
15.1. If you choose, or you are provided with, a user identification code, username or password in connection with your use of the Patient Portal, you must treat it as confidential. You must not disclose it to any third party. We have the right to disable any user identification code, username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
15.2. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Patient Portal for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
(a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.
(b) Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
15.3. You shall not use, and we do not consent to the use of, the Patient Portal, or any data published by, or contained in, or accessible via the Patient Platform for the purposes of developing, training, fine-tuning or validating any AI system or model.
15.4. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
15.5. We may change these Terms at any time. Please read these Terms every time you wish to use the Service, so that you're aware of any changes we have made.
15.6. Given the nature of our Services, you may not transfer your rights or your obligations under these Terms to another person.
15.7. These Terms do not give rise to any rights for any third party to enforce any term of these Terms.
15.8. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.9. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date.
