TERMS AND CONDITIONS

Last updated: 1.5.2024

INFORMATION ABOUT US

hese terms and conditions (the “Terms”) govern your use of our online platform, https://mbhealth.co.uk/ (the “Site”) and our smartphone app for iOS and Android devices (the “App”) (the Site and the App being collectively referred to as “our Platform”), as well as the Services and Products (as defined below) that are made available to you via the Platform.
We are M&B Healthcare, a company registered in England and Wales with company number 05880609 and our registered office at Village Pharmacy, 356 Chapel Lane, New Longton, Preston, PR4 4AA. We operate a pharmacy which is registered with the General Pharmaceutical Council (“GPhC”) and our GPhC registration number is 9012446 (“we” or “us”).
Our superintendent pharmacist is Nigel Robert and their GPhC registration number is 2047929.
We operate a fully integrated patient relationship management system on a digital platform that enables you to book certain clinical services through our Platform, including: ordering your own medication (where you have given appropriate consent); booking NHS and private medical and pharmaceutical services; booking online consultations or appointments with us (whether in-person or by telephone or video); booking an appointment for blood tests / other medical tests; and, if available, purchasing medicinal products from us via our Platform (together the “Services”).

DEFINITIONS AND INTERPRETATION

“POM Products” means the prescription-only medicinal products which you order via our Platform and which are dispensed and dispatched by us (or our third party carrier agents) for you.
“OTC Products” means the general sales list (GSL) products and such other non-prescription only products which are supplied by us to you further to your interaction with us via our Platform.
“Products” means POM Products and OTC Products, and where the context allows, each shall be a “Product”.
“you” and “your” means you, your dependents if any, and any other person accessing your patient account on our Platform (the “Patient Account”).
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.

ACCESS TO OUR PLATFORM

Please read these Terms carefully and make sure that you understand them. If you wish to access the Products or Services or engage with us via our Platform, you will be asked to agree to these Terms. If you do not accept these Terms, you will not be allowed to access the Products or Services or engage with us via our Platform.
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 https://mbhealth.co.uk/terms-and-conditions/
The Products and Services that are accessible via our Platform are intended to be accessed by service users who are domiciled in the UK.
In order to access Products and/or Services, 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.
If you are under the age of 18, please do not attempt to register with our Platform or provide any personal information about yourself to us.
Notwithstanding clause 3.5, 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 https://mbhealth.co.uk/contact/
You should visit these Terms and the Privacy Policy https://mbhealth.co.uk/terms-and-conditions/ each time you visit our Platform to review the current version of these Terms to which you must abide.
We do not guarantee that our Platform, or any information on it, will always be available or be uninterrupted. Access to our Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Platform without notice. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Platform.
You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We are serious about reading and considering all feedback we receive. If you have any questions, concerns, or comments regarding these Terms, please Contact Us https://mbhealth.co.uk/contact/

SERVICES

Services provided
1. 1. We offer an online communication platform for you to engage with us via our Platform through the use of synchronous and asynchronous telecommunications technology and other communication tools. Our Platform facilitates communication between you and us to enable us to provide the Services and the Products.
  2. You acknowledge that your reliance on any advice or information which is provided by us via our Platform is solely at your own risk and, to the fullest extent allowable by law, you assume responsibility for all associated risks.
Not for Emergencies

1. 1. The Services and Products that are accessible via our Platform are not suitable for emergency medical treatment. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CALL 999 IMMEDIATELY.
  2. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform.
  3. You should seek emergency help or follow up care when recommended by us or when otherwise needed.
  4. You should continue to consult with your GP and other healthcare professionals, as recommended by them or us.
  5. Always seek our advice or the advice of your GP or other qualified healthcare professional concerning questions you have regarding a medical condition and before stopping, starting or modifying any treatment.

Risks of Telehealth Services

1. 1. By using the Services, you acknowledge the potential risks associated with telehealth services, which include but are not limited to the following:
    1. information transmitted may not be sufficient (e.g. poor resolution of images) to allow us to make appropriate medical or healthcare decisions;
    2. delays in evaluation or treatment could occur due to failures of electronic equipment;
    3. a lack of access to your medical records (for instance if, when requested, you deny us consent to access your summary care records) may result in adverse drug interactions or allergic reactions or other judgment errors; and
    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 of your health information.

Prescription Policy

1. 1. We do not endorse any specific POM Product.
  2. If a POM Product is prescribed for you by your GP or a pharmacist independent prescriber who is employed or engaged by us, he/she will limit its supply based upon relevant law and guidance and will only prescribe a POM Product as determined in his/her own clinical discretion and professional judgement.
  3. We give no guarantee that any prescription that your order via our Platform will be issued to you.
  4. We reserve the right to deny you access to the Services and the Products if we or your GP considers in its sole clinical discretion, as the case may be, that there is actual or potential misuse of the Services or the Products.
  5. You acknowledge and agree that any prescriptions that you acquire from us which you have ordered via our Platform will be solely for your personal use.
  6. You agree to fully and carefully read all provided Product information and labels and to contact us or your GP if you have any questions regarding the prescription.

AVAILABILITY OF SERVICES

Our Platform and the Services are only available for service users who are domiciled in the UK.
The Services are not available to service users who are located outside of the UK. Accessing our Platform or Services from jurisdictions where our Platform content is illegal, or where we do not offer the Services, is prohibited.

PRIVACY

You agree that all personal information which is provided by you in connection with the Services, the Products and our Platform shall be governed by our Privacy Policy https://mbhealth.co.uk/privacy-policy/ , which is hereby incorporated and made a part of these Terms by reference.

ORDERING AND PURCHASING OF SERVICES

Subscription Terms

Subscriptions

If you purchase a subscription in relation to certain Services and Products, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you pause your subscription before the end of the then-current subscription period by clicking pause in your patient profile.
The price for your subscription may change from time to time and, in such circumstances, we will use reasonable endeavours to communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Services or to accept the Products after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing prior to the price change taking effect.

Typographical Errors

In the event any information (including any pricing of any Product or Service) on our Platform is incorrect due to typographical error or error in pricing information received from a third party, we have the right to refuse or cancel any orders that have been placed at that incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your Patient Account has been charged. If your Patient Account has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your Patient Account for the amount of the charge.

Online Payments

1. 1. We accept any payment method or system that is authorised within the UK, including direct debit, 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. If you enrol to make recurring payments automatically, all charges and fees will be billed to the Patient Account that you designate during the registration process on our Platform. If you want to designate a different payment method or if there is a change affecting your payment method or system (e.g. if you want to change your credit or debit card), you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
  2. You represent and warrant that, if you are making online payments:
    1. any payment account information that you supply is true, correct, and complete;
    2. charges incurred by you will be honoured by the relevant institution;
    3. you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes; and
    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.
  3. You will be given the option to add several payment methods to your Patient Account as payment options, with one of them as your default option. If payment from your default option is not authorised or fails, we will automatically attempt to take payment from one of the other payment methods that you have registered with your Patient Account.

Consent for recurring charges

1. 1. You agree and authorise the payment method to be billed automatically for the Services and Products, according to the published pricing on our Platform, which is subject to change at any time. If we are unable to secure funds from your payment method for any reason, including, but not limited to, insufficient funds in the payment account or insufficient or inaccurate information having been provided by you when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law.
  2. You have the right to revoke this authorisation by logging into your Patient Account and pausing your subscription up to 24 hours prior to your next scheduled renewal.

Right of withdrawal / cancellation

1. 1. As a consumer entering into a distance or off-premises contract with a trader, you have certain statutory rights of cancellation pursuant to Regulation 29 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCR”). This right is, however, subject to certain exceptions, including pursuant to Regulations 27(2)(a) and (b) of the CCRs: (a) contracts for supply of a medicinal product by administration by a prescriber, or under a prescription or directions given by a prescriber; and (b) contracts for supply of a product by a healthcare professional or a person included in a relevant list, under arrangements for the supply of services as part of the health service, where the product is one that, at least in some circumstances, is available under such arrangements free or on prescription, to which this statutory right of cancellation does not apply.
  2. As such, contracts which result in the supply of POM Products cannot be cancelled in accordance with Regulation 29 CCR and, once dispatched, cannot therefore be returned, exchanged or refunded under such statutory provision. However, you have the right to reasonably inspect your POM Products, as you would in a shop, but you cannot return POM Products that you have used, unless you are returning them because they are damaged or faulty.
  3. For Products that are not medicinal products, such as certain OTC Products, you have the right to cancel any transaction made online within 14 (fourteen) days of the relevant transaction. You must return any such OTC Products received within 14 (fourteen) days of receipt, it being noted that any return within 14 (fourteen) days of the relevant transaction shall be deemed to comply with this requirement. You may not return any OTC Product that has been opened, and you shall not be refunded should we receive any returned OTC Product that has been opened. The same shall apply for any Services that have been provided prior to or at the same time as your cancellation.

Shipping the Products

All POM Products that you order from us via our Platform will be dispatched to you either directly by us or via a third party carrier who we engage to provide delivery services (e.g. DHL, DPD, Yodel, Evri/Hermes etc).

ELIGIBILITY, PLATFORM ACCESS, SECURITY AND RESTRICTIONS

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 and credentials. The Patient Account ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Patient Account ID or credentials, and for all activities that occur under such Patient Account ID or credentials. You agree to prohibit anyone else from using your Patient Account ID or credentials and agree to immediately notify us of any actual or suspected unauthorised use of your Patient Account ID or credentials or other security concerns of which you become aware. As part of the registration process, we undertake electronic identity checks using the personal information that you provide to us via our Platform.
You are prohibited from violating or attempting to violate the security of our Platform, including, without limitation:
1. 1. accessing data which is not intended for you or logging on to a server or an account which you are not authorised to access;
  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
  3. accessing or using our Platform or any portion thereof without authorisation, in violation of these Terms or applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on our Platform, deep-link to any feature or content on our Platform, bypass our robot exclusion headers, or other measures that we may use to prevent or restrict access to our Platform.
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 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 our Platform or any activity being conducted on our Platform.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
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 our Platform and your Patient Account if in our reasonable opinion you have failed to comply with any of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly Contact Us https://mbhealth.co.uk/contact/

ELECTRONIC COMMUNICATIONS

When you use our Platform or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically.
You consent to receive communications from us electronically.
You agree that:
1. 1. all agreements and consents can be signed electronically; and
  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.
We may contact you by telephone, mail or email to verify your account information. We 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 14 (fourteen) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.

CONSENT TO RECEIVE CALLS, TEXT MESSAGES AND VIDEO RECORDING

By providing your mobile number, you agree to be contacted by or on behalf of us at the mobile number you have provided, including calls and text messages, to receive certain information and communications relating to Products or Services (e.g. progress tracking, reminders etc.) or our Platform. We may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your stop message by texting you a request to identify those Services that you wish to stop. Please note that, by withdrawing your consent, some features of our Platform 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 your Services.

OWNERSHIP OF OUR PLATFORM AND RELATED MATERIALS, ADDITIONAL RESTRICTIONS

All pages within our Platform and any material that is made available for download are the property of us, or our licensors or suppliers, as applicable. Our Platform is protected by applicable national and international copyright and trade mark laws.
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.
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.
Neither our Platform, nor any part of our Platform, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent (or that of our licensors). You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours without our express written consent. You may not use any meta tags or any other “hidden text” utilising our name or trade marks without our express written consent.
You may not misuse our Platform. You may use our Platform only as permitted by law. The content of our Platform, 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 our Platform (“Content”), 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 (or our licensors). 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 us without our express written consent, or the consent of our licensors.

ACCURACY OF INFORMATION, FUNCTIONALITY

We may update our Platform from time to time, and may change or update the Content at any time. However, please note that any Content may be out of date at any given time, and we are under no obligation to update it.
Although we attempt to ensure the integrity and accuracy of our Platform and Service descriptions, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of our Platform, Service descriptions and other content on our Platform. It is possible that our Platform could include typographical errors, inaccuracies or other errors, and that unauthorised additions, deletions, and alterations could be made to our Platform by third parties. In the event that an inaccuracy arises, please Contact Us https://mbhealth.co.uk/contact/so that it can be corrected.
We reserve complete and sole discretion with respect to the operation of our Platform and the Services. We may withdraw, suspend, or discontinue any functionality or feature of our Platform or the Services among other things.
We are not responsible for transmission errors, corruption or compromise of information carried over local or interchange telecommunications carriers.
We are not responsible for maintaining information arising from use of our Platform or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to our Platform or the Services in accordance with our internal record retention or destruction policies.
The images of the Products on our Platform are for illustrative purposes only.
Products may vary from the images on our Platform and we accept no responsibility for any reliance that you may place on the accuracy of the images used on our Platform.
The packaging for the Products may vary from time to time to that shown on images on our Platform.
All Products shown on our Platform remain at all times subject to availability. If the Product you have requested is unavailable, we will notify you as soon as possible and we will refund your payment promptly.

LINKS TO OTHER SITES

Links to third party websites on our Platform are provided solely for your convenience. If you use these links, you leave our Platform. 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 our Platform, you do so entirely at your own risk.
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.
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.
You must not establish a link to the Site in any website that is not owned by you.
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.
We reserve the right to withdraw linking permission without notice.

USER INFORMATION

If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Platform (the “User Information”), you agree not to provide any User Information that:
1. 1. is false, misleading, inaccurate, defamatory, abusive, libellous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behaviour;
  2. violates or infringes the privacy, copyright, trade mark, trade dress, trade secrets, or intellectual property rights of any person or entity; or
  3. contains or transmits a virus or any other harmful component.
You agree not to contact other users of our Platform through unsolicited e-mail, telephone calls, mailings, or any other method of communication.
You represent and warrant to us that you have the legal right and authorisation to provide all User Information to us for use, as set forth herein and required by us.
You agree that information provided by you in connection with the Services and our Platform shall be governed by our Privacy Policy https://mbhealth.co.uk/privacy-policy/
You agree not to:
1. 1. access our Platform or use the Services in any unlawful way or for any unlawful purpose;
  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: (i) libellous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person; or (ii) 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 or the Services, personal information, software, equipment, servers, or information or facilitate or promote hacking or similar conduct;
  3. impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
  4. tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of our Platform or the Services;
  5. use robots or scripts with our Platform;
  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 our Platform;
  7. have any antivirus or antispyware software running that is set to override the internet browser’s cookies settings;
  8. incorrectly identify the sender of any message transmitted to us;
  9. alter the attribution or origin of electronic mail, messages, or posting;
  10. harvest or collect personal health information about any other individual who uses our Platform or the Services; and/or
  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.
Warning: IMPORTANT. If you provide false, inaccurate or misleading information at any time when using our Platform, then a prescription may be issued or a POM Product or a Service may be provided based on such information, which could have severe and potentially life-threatening consequences. By using our Platform 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.
You agree to defend, indemnify, and hold us harmless 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 via our Platform or any breach of this clause 14.

CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and expect service users of our Platform to do the same.
We disclaim any responsibility or liability for copyrighted materials posted on our Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
We will respond promptly to notices of alleged infringement that are reported to us.
Notices of Alleged Infringement for Content Made Available on our Platform
- 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 via our Platform by sending us a notice (a “Copyright Notice”), which complies with the following requirements:
  1. identify the copyrighted works that you claim have been infringed;
  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;
  3. provide your mailing address, telephone number, and, if available, email address;
  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”;
  5. provide your full legal name and your electronic or physical signature; and
  6. deliver this Copyright Notice, with all items completed, to us at: Contact Us https://mbhealth.co.uk/contact/.

INTELLECTUAL PROPERTY

We retain all right, title, and interest in and to our Platform, the Services and any information, documentation, software, or other materials on our Platform, 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 our Platform, which is licensed to us (in that case, the licence provider retains all right, title, and interest therein).
The information that is available via our Platform and the Services 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.
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 our Platform.
Nothing contained on our Platform 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 our Platform without the written grant thereof by us, or the third party owner of such trade mark, service mark, or logo. Our Platform may contain other proprietary notices and copyright information, the terms of which you agree to follow.
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.

DISCLAIMER OF WARRANTIES

We do not warrant that access to or use of our Platform will be uninterrupted or error-free or that defects in our Platform will be corrected.
Our Platform, including any content or information contained within it or any platform-related service, is provided “as is”, with no representation or warranty of any kind, either express or implied.
You assume total responsibility and risk for your use of our Platform, platform-related services, and linked websites. You are responsible for implementing procedures that are sufficient to satisfy your needs for data backup and security.
You acknowledge and understand that the use or misuse of the Products that are obtained via our Platform may result in undesirable or unexpected consequences.

LIMITATION OF LIABILITY REGARDING YOUR USE OF OUR PLATFORM

IMPORTANT - YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.

Except as provided by law, and without limitation, we do not accept any liability for the consequences arising from the application, use, or misuse of any Products or Services contained on or made available via our Platform, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the Products.
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, agents or subcontractors or for fraud or fraudulent misrepresentation.
We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
1. 1. loss or damage caused by you providing inaccurate or incomplete information;
  2. loss of your emotional well-being including, but not limited to, any embarrassment caused;
  3. loss of income or anticipated profits;
  4. loss of opportunity;
  5. loss of goodwill or injury to reputation;
  6. losses suffered by third parties; or
  7. any indirect, consequential, special or exemplary damages arising from the use of our Platform or the Services or a Product regardless of the form of action.
We will not be liable for any loss or damage (in contract, negligence or otherwise) where:
1. 1. there is no breach of a legal duty of care owed to you by us;
  2. the loss or damage is not a reasonably foreseeable result of any such breach; or
  3. any loss or damage or increased risk of loss or damage results from a breach by you of these Terms.
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 Products or Services shall be limited to £1000.
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 our Platform or any notifications sent by us to you will be free of viruses or other harmful components.
We do not accept any liability or responsibility for the actions or omissions of any third party.
Products and Services are only offered via our Platform for your own personal, domestic and private use. You agree not to supply the Products to any other person or to use the Products or Services for any commercial, business or resale purpose, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you use such Products or Services otherwise than in accordance with these Terms.
We are not liable for loss or damage, which arises from your failure to inform your GP about any Products or Services which you access via our Platform.

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 or us.

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.

GOVERNING LAW

These Terms shall be interpreted and construed under the laws of England and Wales.

DISPUTE RESOLUTION

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 our Platform, including without limitation the Services, between you and us.
We will try to work in good faith to resolve any issue you have with our Platform, including without limitation the Products and Services ordered or purchased via our Platform, if you Contact Us https://mbhealth.co.uk/contact/
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 30 (thirty) days after the notice is received.

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 https://mbhealth.co.uk/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.

TERMINATION

We reserve the right to refuse to provide to you access to all or part of our Platform or to terminate your access to all or part of our Platform 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.
Notwithstanding any such limitation or termination, you will continue to have access to the Products and Services that you have purchased until that time.

INDEMNIFICATION

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:
1. 1. your use or misuse of our Platform, Products, Services or any information posted on the Site;
  2. your breach of these Terms or Privacy Policy https://mbhealth.co.uk/privacy-policy/ ;
  3. the content or subject matter of any information you provide to us; or
  4. any negligent or wrongful act or omission by you in your use or misuse of our Platform, Products, Services, or any information on our Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

REVISIONS OF THE TERMS

In our sole discretion, we reserve the right to modify these Terms at any time, effective upon posting on our Platform. 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 our Platform 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.
Any use of our Platform after such changes will be deemed your acceptance of the same.
If you do not agree with the up-to-date Terms, you must delete your Patient Account.

GENERAL

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.
These Terms constitute the entire agreement between us regarding the subject matter hereof.
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within our Platform.
Copyright / Trademark Information. Copyright © M&B Healthcare and Charac Limited. All rights reserved. All trade marks, logos, and service marks (the “Marks”) that are displayed on our Platform 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.

HOW TO CONTACT US

If you wish to make a complaint about our Platform, please contact us.
If, for any reason, you need to contact us, the easiest way is to contact us directly by:
1. 1. email info@mbhealth.co.uk ; or
  2. using the in-browser chat support function on our Platform. We will be available to chat between 9am-5pm (UK time), Monday – Friday.
  3. To help us to identify you, please include your account details or, if applicable, your order number.

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 our Platform, 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.