Terms & Conditions
MAXWELLIA - TERMS AND CONDITIONS
General
This page (together with our Privacy Policy ) tells you information about us and the legal terms and conditions (the “Terms”) on which we make available to you certain medicinal products (the “Medicines”) and services (the “Services”) from our online platform, which is located at www.lovima.com (the “Site”), which is owned, operated and controlled by Maxwellia Ltd.
The Site facilitates your access to the Services, including pharmaceutical services which are provided by third party pharmacists, who may dispense and despatch a Medicine for you based on information that you provide to the Site.
- INFORMATION ABOUT US
1.1 We are Maxwellia Ltd, a company registered in England and Wales with company number 08573637 whose registered office is at 30s1a-D Alderley Park, Alderley Edge, East Cheshire SK10 4TG (the “Operator”, “we” or “us”). We are responsible for operating the Site.
1.2 We work with the following registered pharmacy:
1.2.1 ABSM Healthcare Limited t/a the Independent Pharmacy, a company registered in England and Wales with company number 08515600 whose registered office is at Unit 19-20 Bonville Business Centre, Bristol BS4 5QR (the “Pharmacy”).
1.2.2 The Pharmacy is registered with the General Pharmaceutical Council with registration number 9011543.
1.2.3 The Pharmacy’s superintendent pharmacist is Andy Boysan, who is registered with the General Pharmaceutical Council with registration number 2047716.
2. DEFINITIONS AND INTERPRETATION
2.1 “Medicines” means those medicinal products which are made available via the Site.
2.2 “Services” means those pharmaceutical services, which are to be provided by the Pharmacy for the benefit of service users, including reviewing and assessing certain personal and other information provided by the service user, supplying and despatching the Medicine(s).
2.3 “you” and “your” means you, your dependents if any, and any other person accessing your Site account (the “Patient Account”).
2.4 The words “include”, “includes”, and “including” are deemed to be followed by the words “without limitation”; the word “or” is not exclusive; and the words “herein”, “hereof”, “hereby”, and “hereunder” refer to these Terms as a whole.
3. ACCESS TO THE SITE
3.1 Please read these Terms carefully and make sure that you understand them. If you wish to access the Medicines and Services which are made available via the Site, you will be asked to agree to these Terms. If you do not accept these Terms, you will not be allowed to access the Medicines and Services.
3.2 By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions that are contained within these Terms and our Privacy Policy.
3.3 No users under 18 years old: In order to access the Site, you represent and warrant that you are at least 18 years old and that you have the capacity to enter into a binding agreement which creates legal obligations in accordance with the laws of England and Wales. If you are under the age of 18, please do not attempt to register with the Site or provide any personal information about yourself to us. Notwithstanding this clause 3.3, if we collect personal information from someone who is under the age of 18, we will promptly delete that information. If you believe that we have collected personal information from someone who is under the age of 18, please contact us.
4. MEDICINES AND SERVICES
4.1 Medicines and Services provided by the Pharmacy
4.1.1 We offer an online platform which facilitates the connection of service users to the Pharmacy via the Site. The Site facilitates communication between the Pharmacy and service users to enable access to the Medicines and the provision of the Services.
4.1.2 You acknowledge that any pharmaceutical advice which you receive via the Service is provided by the Pharmacy, and not by the Operator.
4.1.3 You acknowledge that your reliance on any advice or information which is provided by the Pharmacy via the Site is solely at your own risk and, to the fullest extent allowable by law, you assume responsibility for all associated risks.
4.1.4 You should always seek the advice of your qualified healthcare professionals (such as your regular or local pharmacist or GP) with any questions or concerns which you may have regarding your individual needs and any medical conditions. All information which is provided by us, or in connection with any communications which are supported by us, is intended to be for general information purposes only. Your interaction with the Pharmacy via the Site is not intended to replace your relationship with your regular qualified healthcare professionals (such as your regular or local pharmacist or GP).
4.2 The Role of the Operator
4.2.1 The Operator simply facilitates access to, but does not itself provide, any medicinal products, pharmaceutical services or advice.
4.2.2 The content on the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute pharmaceutical advice, diagnosis, treatment or medical recommendations of any kind by the Operator.
4.2.3 The Pharmacy employs or engages appropriately qualified pharmacy professionals who are registered within the scope of their professional competence. The Pharmacy, not the Operator, is responsible for the quality and appropriateness of the pharmaceutical advice and service that it provides via the Site.
4.2.4 The Operator does not provide any legal advice or representations in any way regarding any legal issues which arise from any pharmaceutical advice, information or services offered by the Pharmacy, including but not limited to any compliance obligations or steps necessary to comply with any regulations.
4.3 Risks of Telehealth Services
4.3.1 By accessing the Services via the Site, you acknowledge the potential risks associated with telehealth services, which include but are not limited to the following:
4.3.1.1 information which is transmitted may not be sufficient to allow for appropriate decision making by the Pharmacy;
4.3.1.2 delays in access to Medicines could occur due to failures of electronic equipment;
4.3.1.3 a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; and
4.3.1.4 although the electronic systems that we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy in respect of your health information.
5. AVAILABILITY OF THE SERVICES (UK)
The Medicines and Services that are made available via the Site are intended to be accessed by service users who are domiciled in the United Kingdom. Please do not attempt to access the Medicines and Services if you are domiciled outside of the United Kingdom.
6. PRIVACY
You agree that information which is provided by you to the Site is governed by our Privacy Policy, which is hereby incorporated and made a part of these Terms by reference.
7. ORDERING AND PURCHASING MEDICINES
7.1 Online Payments
7.1.1 When you purchase Medicines via the Site, the total price you pay shall comprise the following:
7.1.1.1 the price which is payable for the Medicine and the Service;
7.1.1.2 the price which is payable for you to use and access the Site and its features via your Patient Account; and
7.1.1.3 any applicable taxes.
7.1.2 In making the Medicines and the Services available to you on the Site, you acknowledge that we are acting as agent for and on behalf of the Pharmacy and are authorised to enter into contracts for the provision of the Services, the sale and delivery of Medicines and collect payments for the same for and on its behalf.
7.1.3 We accept any payment method or system that is authorised within the United Kingdom, including debit and credit cards, and third party platforms. If a credit card account is being used for a transaction, we may obtain pre-approval for an amount up to the amount of the payment.
7.1.4 You represent and warrant that, if you are making online payments:
7.1.4.1 any payment information that you supply is true, correct and complete;
7.1.4.2 charges which are incurred by you will be honoured by the relevant payment institution;
7.1.4.3 you will pay the charges which are incurred by you in the amounts posted, including, without limitation, any applicable taxes; and
7.1.4.4 you are the person in whose name the payment method was issued and you are authorised to make a purchase or other transaction with the relevant payment method.
7.1.5 Medicines will be delivered by or on behalf of the Pharmacy to an address of your choosing. We will inform you of any delivery costs at the time you indicate that you wish to purchase a Medicine and the expected date and time for delivery. Medicines will be charged at the price stated on the Site at the time of placing your order.
7.1.6 Unfortunately, you cannot return Medicines unless they are damaged or faulty, or anything that has a safety seal that has been broken. You have the right to reasonably inspect your items as you would in a shop but you cannot return Medicines that you have opened unless you are returning them because they are damaged or faulty.
8. ELIGIBILITY, SITE ACCESS, SECURITY AND RESTRICTIONS
8.1 You agree to fully, accurately, and truthfully create your Patient Account, including but not limited to your name, mailing address, phone number, email address and password, which become your Patient Account ID. The Patient Account ID is personal to you, and you are solely responsible for maintaining the confidentiality of your Patient Account ID, and for all activities that occur under your Patient Account. You agree to prohibit anyone else from accessing or using your Patient Account ID and agree to immediately notify us of any actual or suspected unauthorised use of your Patient Account ID or other security concerns of which you become aware.
8.2 You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
8.2.1 accessing data which is not intended for such user or logging on to a server or an account which the user is not authorised to access;
8.2.2 attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or
8.2.3 accessing or using the Site or any portion thereof without authorisation, in violation of these Terms or applicable law.
8.3 You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures that we may use to prevent or restrict access to the Site.
8.4 Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve such violations and may involve and co-operate with, law enforcement authorities in prosecuting service users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.
8.5 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, and to revoke your access to the Site and your Patient Account if in our reasonable opinion you have failed to comply with any of these Terms.
9. ELECTRONIC COMMUNICATIONS
9.1 When you use the Site, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically.
9.2 You consent to receive communications from us electronically.
9.3 You agree that:
9.3.1 all agreements and consents can be signed electronically; and
9.3.2 all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
9.4 We and the Pharmacy may contact you by telephone, mail or email to verify your account information. We and the Pharmacy may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site until you provide the information to us as requested.
10. CONSENT TO RECEIVE CALLS AND TEXT MESSAGES
By providing your mobile number, you agree to be contacted by or on behalf of the Operator at the mobile number you have provided, including calls and text messages, to receive certain information and communications relating to the Site. We may confirm your opt-out by text message. Please note that, by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us, you may not receive important and helpful information and reminders about the Services.
11. OWNERSHIP OF THE SITE AND RELATED MATERIALS, ADDITIONAL RESTRICTIONS
11.1 All pages within the Site and any material that is made available for download are the property of the Operator, or its licensors or suppliers, as applicable. The Site is protected by national and international copyright and trade mark laws.
11.2 Subject to these Terms and the payment of all applicable fees, we grant you a revocable, non-transferable (except as provided below), personal, non-exclusive licence to use the object code version of the Site.
11.3 All rights that are not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rights holders or other content providers.
11.4 Neither the Site nor any part of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilise framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text or page layout) of ours without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trade marks without our express written consent.
11.5 You may not misuse the Site and may use the Site only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials that are accessed through or made available for use or download through the Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorised or approved in writing by us. You may not frame or utilise framing techniques to enclose, or deep linking to, any name, trade marks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of the Operator without our express written consent.
12. ACCURACY OF INFORMATION, FUNCTIONALITY
12.1 Although we attempt to ensure the integrity and accurateness of the Site and descriptions of Medicines, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Medicines descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorised additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please Contact Us so that it can be corrected.
12.2 Information which is contained on the Site may be changed or updated without notice.
12.3 Additionally, we shall have no responsibility or liability for any information or content that is posted to the Site from any unaffiliated third party.
12.4 We reserve complete and sole discretion with respect to the operation of the Site. We may withdraw, suspend, or discontinue any functionality or feature of the Site among other things.
12.5 We are not responsible for transmission errors, corruption or compromise of information carried over local or interchange telecommunications carriers.
12.6 We are not responsible for maintaining information arising from use of the Site or with respect to any Medicine. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site in accordance with our internal record retention or destruction policies.
13. LINKS TO OTHER SITES
13.1 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed these third party websites and do not control and are not responsible for these websites, their content or availability. We therefore do 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 that are linked to the Site, you do so entirely at your own risk.
13.2 You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.3 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.4 You must not establish a link to the Site in any website that is not owned by you.
13.5 The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page.
13.6 We reserve the right to withdraw linking permission without notice.
14. USER INFORMATION
14.1 If you submit, upload, post, or transmit any health information, medical history, conditions, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to the Site (the “User Information”), you agree not to provide any User Information that:
14.1.1 is false, inaccurate, defamatory, abusive, libellous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behaviour;
14.1.2 violates or infringes the privacy, copyright, trade mark, trade dress, trade secrets, or intellectual property rights of any person or entity; or
14.1.3 contains or transmits a virus or any other harmful component.
14.2 You agree not to contact other Site users through unsolicited email, telephone calls, mailings, or any other method of communication.
14.3 You represent and warrant to us and the Pharmacy that you have the legal right and authorisation to provide all User Information to us and the Pharmacy for use, as set forth herein and required by us and the Pharmacy.
14.4 You agree that information provided by you in connection with the Site shall be governed by our Privacy Policy.
14.5 You agree not to:
14.5.1 access the Site or use any Medicine in any unlawful way or for any unlawful purpose;
14.5.2 post or transmit: (i) a message under a false name; or (ii) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is: (a) libellous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person; or (b) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, personal information, software, equipment, servers, or information or facilitate or promote hacking or similar conduct;
14.5.3 impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
14.5.4 tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site;
14.5.5 use robots or scripts with the Site;
14.5.6 attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Site;
14.5.7 have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting;
14.5.8 incorrectly identify the sender of any message transmitted to the Operator;
14.5.9 alter the attribution or origin of electronic mail, messages, or posting;
14.5.10 harvest or collect personal health information about any other individual who uses the Site; and/or
14.5.11 infringe or facilitate infringement on any copyright, patent, trade mark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
14.6 Warning: If you provide false, inaccurate or misleading information at any time when using the Site or engaging with the Pharmacy, then a recommendation for a Medicine may be made which is based on such information, which could have severe or potentially life-threatening consequences. By using the Site and consenting to these Terms, you agree not to provide false, inaccurate or misleading information at any time. To do so, would be a breach of these Terms.
14.7 You agree to defend, indemnify, and hold harmless the Operator and the Pharmacy from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information that you upload to or transmit through the Site or any breach of this clause 14.
15. CLAIMS OF COPYRIGHT INFRINGEMENT
15.1 We respect the intellectual property rights of others and expect service users of the Site to do the same.
15.2 We disclaim any responsibility or liability for copyrighted materials which are posted on the Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
15.3 We will respond promptly to notices of alleged infringement that are reported to us.
15.4 Notices of Alleged Infringement for Content Made Available on the Site
15.4.1 If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report any alleged copyright infringements taking place on or through the Site by sending us a notice (a “Copyright Notice”), which complies with the following requirements:
15.4.1.1 identify the copyrighted works that you claim have been infringed;
15.4.1.2 identify the material or link that you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the site where such material may be found;
15.4.1.3 provide your mailing address, telephone number, and, if available, email address;
15.4.1.4 include both of the following statements in the body of the Copyright Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law.”
“I hereby state that the information in this Copyright Notice is accurate and, under the relevant legal penalties, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”;
15.4.1.5 provide your full legal name and your electronic or physical signature; and
15.4.1.6 deliver this Copyright Notice, with all items completed, to us
16. INTELLECTUAL PROPERTY
16.1 With the exception of your electronic medical record, we retain all right, title, and interest in and to the Site, and any information, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trade mark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site, which is licensed to us (in that case, the licence provider retains all right, title, and interest therein).
16.2 The information that is available through the Site is our property. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone.
16.3 Use, reproduction, copying, or redistribution of our trade marks, service marks, and/or logos are strictly prohibited without our prior written permission. The immediately foregoing sentence also applies to any third party trade marks, service marks, and logos that are posted on the Site.
16.4 Nothing that is contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any licence or right to use any trade mark, service mark, or logo that is displayed on the Site without the written grant thereof by the Operator, or the third party owner of such trade mark, service mark, or logo. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
16.5 We may delete any information that you provide to us, which we consider in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any copyright, trade mark or other intellectual property or ownership right of any other person or entity.
17. DISCLAIMER OF WARRANTIES
17.1 We do not warrant that access to or use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
17.2 The Site, including any content or information contained within it or any site-related service, is provided “as is”, with no representation or warranty of any kind, either express or implied.
17.3 You assume total responsibility and risk for your use of the Site, site-related services, and linked websites. You are responsible for implementing procedures that are sufficient to satisfy your needs for data backup and security.
18. LIMITATION OF LIABILITY REGARDING USE OF SITE
IMPORTANT - YOUR ATTENTION IS DRAWN TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
18.1 Except as provided by law, and without limitation:
18.1.1 we do not accept any liability for the consequences arising from the application, use, or misuse of any Services which are made available through the Site, including any injury or damage to any person or property as a matter of negligence, or otherwise; and
18.1.2 we shall not be liable for the acts or omissions of the Pharmacy.
18.2 We do not exclude or limit in any way our 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 or agents or for fraud or fraudulent misrepresentation.
18.3 We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
18.3.1 loss or damage caused by you providing inaccurate or incomplete information;
18.3.2 loss of your emotional wellbeing including, but not limited to, any embarrassment caused;
18.3.3 loss of income or anticipated profits;
18.3.4 loss of opportunity;
18.3.5 loss of goodwill or injury to reputation;
18.3.6 losses suffered by third parties; or
18.3.7 any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action.
18.4 We will not be liable for any loss or damage (in contract, negligence or otherwise) where:
18.4.1 there is no breach of a legal duty of care owed to you by us;
18.4.2 the loss or damage is not a reasonably foreseeable result of any such breach; or
18.4.3 any loss or damage or increased risk of loss or damage results from a breach by you of these Terms.
18.5 Subject to clause 18.2, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of the Services shall be limited to the amount paid by you in respect of the Medicine.
18.6 We will take all appropriate technical and organisational measures against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and our obligations under law as a data controller, we shall not be responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise.
18.7 We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the Site or any notifications sent by us to you will be free of viruses or other harmful components.
18.8 We do not accept any liability or responsibility for the actions or omissions of any third party, including but not limited to the Pharmacy.
18.9 We are not liable for loss or damage, which arises from your failure to inform your regular qualified healthcare professional about any Services which you order from the Site.
19. NO THIRD PARTY RIGHTS
Unless expressly stated in the Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, us and our affiliates. Nothing in the Terms is intended to relieve or discharge the obligation or liability of any third persons to you, us or the Pharmacy.
20. ASSIGNMENT
You may not assign, transfer, or delegate the Terms or any part thereof without our prior written consent. We may freely transfer, assign, or delegate all or any part of the Terms, and any rights or duties hereunder. The Terms will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
21. GOVERNING LAW
These Terms shall be interpreted and construed under the laws of England and Wales.
22. DISPUTE RESOLUTION
22.1 The courts of England and Wales will have exclusive jurisdiction concerning all disputes or claims arising out of or relating in any way to these Terms or your use of the Site, including without limitation the Services, between you and us.
22.2 We will try to work in good faith to resolve any issue you have with the Site, including without limitation the Medicines purchased through the Site, if you Contact Us. However, we realise that there may be rare cases where we may not be able to resolve an issue to your satisfaction. We and you will try to reach an agreement to resolve the claim within thirty (30) days after the notice is received.
23. FORCE MAJEURE
We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
24. TERMINATION
We reserve the right to refuse to provide to you access to all or part of the Site or to terminate your access to all or part of the Site if your behaviour gives us a valid reason to do so. This will in particular be the case if you violate applicable laws or contractual provisions.
25. INDEMNIFICATION
25.1 You agree to defend, indemnify, and hold harmless us and any of our affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with:
25.1.1 your use or misuse of the Site, Medicines or any information which is posted on the Site;
25.1.2 your breach of the Terms or our Privacy Policy.
25.1.3 the content or subject matter of any information you provide to us, or the Pharmacy or customer service agent; or
25.1.4 any negligent or wrongful act or omission by you in your use or misuse of the Site, Medicines, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
26. REVISIONS OF THE TERMS
26.1 In our sole discretion, we reserve the right to modify these Terms at any time, effective upon posting on the Site. You should therefore periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. You therefore agree to review the Terms each time you access the Site so that you may be aware of any changes to these Terms. The date of these Terms was last revised is identified at the top of these Terms.
26.2 Any use of the Site after such changes will be deemed your acceptance of the same.
26.3 If you do not agree with the up-to-date Terms, you must delete your Patient Account.
27. RIGHT TO BE FORGOTTEN
Upon deletion of your Patient Account, we will erase any and all information that we hold about you. However, the Pharmacy is bound by law to keep a copy of your dispensing record for a certain duration, and therefore so is the Operator.
28. GENERAL
28.1 In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
28.2 These Terms constitute the entire agreement between us regarding the subject matter hereof.
28.3 Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Site.
28.4 Copyright and Trade mark Information. Copyright © Maxwellia Limited. All rights reserved. All trade marks, logos, and service marks (the “Marks”) that are displayed on the Site are our property or the property of other third parties. You are not permitted to use the Marks without our prior written consent or the consent of such third party, which may own the Marks.
28.5 Consumers have legal rights in relation to the Medicines and/or Services that are faulty or not as described. You can obtain advice about your legal rights from your local Citizens' Advice Bureau or Trading Standards Office. These Terms do not affect your statutory rights.
28.6 For the purposes only of Articles 14(2)(c) and 28 of Council Directive 2006/112/EC (on the common system of value added tax) and of equivalent domestic legislation, and subject to any other legal requirements provided in or applicable to these Terms, the Operator shall be deemed to supply the Medicines and Services to you and accordingly, Pharmacy shall be deemed to have supplied those Medicines and Services to the Operator.
29. HOW TO CONTACT US
29.1 If you wish to make a complaint about the Site, please contact us.
29.2 If, for any reason, you need to contact us, the easiest way is to contact us directly by:
29.2.1 Email at [email protected]
29.3 Where reference is made in these Terms to communication being made in writing, this shall be taken to include communication made by us by way of onscreen message, notification, prompt field or other communication or information provided to you via the Site, or by email using an email address, which you have provided to us for communication with you. The provisions of this clause shall not apply to the requirements of service of any documents in legal proceedings.