Toll Pharmacy’s online terms and conditions of business
Welcome to Toll Pharmacy terms and conditions. We hope that You are enjoying your visit to our Website and find the content and services useful. Please note that by using this Website you acknowledge and accept the online nature of this Service. If the You the User holds any reservations regard to the online nature of this Service, You should contact your GP (General Practitioner) and should in no way use this online Service.
You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions, then please do not use or access this Website. You must read and accept all of the terms and conditions of business contained herein together with our Privacy Policy before You may use or access the Website in any way.
1. Introduction
1.1 Toll Pharmacy provides an online pharmacy service which includes medical consultations and provision of prescription medicine based upon the Client completing the Online Questionnaire. (known as "the Service"). “Toll Pharmacy” is a trading name of the Burns Pharmacy Ltd, a company registered in Scotland (company registration number SC259837) with the registered office at 151-153 Ayr Road, Prestwick, Ayrshire, KA9 1TP, Scotland, United Kingdom. Burns Pharmacy is registered with the General Pharmaceutical Council (GPhC) with number 1041880. You can contact us using the following email address hello@tollpharmacy.com or by telephone using the following number 0800 731 7702.
1.2 By using this Website and/or registering for the Service You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions hereunder; please do not use or access this Website. You must read and accept all of the terms and conditions contained herein before You may use or access the Website in any way.
1.3 These terms and conditions constitute the entire terms and conditions upon which Toll Pharmacy provides the Service and upon which the User agrees to contract for the use of the Service, except where specifically varied by written agreement by Toll Pharmacy on the Registration Confirmation. They supersede any written or oral representations, statements, understandings or agreements.
1.4 By ticking the boxes on the Website You will be accepting these terms and conditions in their entirety and entering into a contract (“the Contract”) with Toll Pharmacy.
1.5 From time to time, it will be necessary to update the terms and conditions and You agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.
1.6 The Client accepts that Toll Pharmacy provides medical consultations and prescription medicine based upon the Client completing the Online Questionnaire. Toll Pharmacy will issue prescription medicine based upon their assessment of the Client Information provided in the Online Questionnaires. Toll Pharmacy will also offer the service of delivery of prescription medicine as part of the Service.
1.7 Toll Pharmacy reserves the right not to issue prescription medicine and Toll Pharmacy will be the sole arbiter of this issue.
Definitions
In this Agreement: -
“Agreement” means these terms and conditions together with the Client’s registration as confirmed in the Toll Pharmacy Registration Confirmation.
“Application” means the completion and submission of an Online Questionnaire by the Client.
“Client” means the customer which is any consumer (not a business entity) who wishes to purchase from the Toll Pharmacy Website.
“Client Information” means the information provided by the Client through the Online Questionnaires and required by Toll Pharmacy to allow us to deliver the Service.
“Complaints Process” means the procedure set out in clause 2.6.
"Information" means any and all material contained in this Website.
“Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, trademark displayed on the Website (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.
“Online Questionnaire” means the questionnaire designed to capture Client Information.
“Product” means prescription medicine and any other medical item(s) to be supplied by Toll Pharmacy pursuant to the Service.
“Registration” means the completed Online Questionnaire received and accepted by Toll Pharmacy.
“Registration Confirmation” means the email acceptance sent by Toll Pharmacy following receipt of the Client’s Registration.
“Service” means the provision of any Product purchased or ordered from the Website.
“Share on Social Media” means the Client introducing Toll Pharmacy Services to another potential User, accessed via for example Facebook (subject to the Facebook or other third party’s terms and conditions).
“the User” and
“You” means anyone who uses this Website.
“the Website” means the website operating under the domain name of
www.tollpharmacy.com.
“Working Hours” means 8:45am to 5:45pm from Monday to Friday excluding weekends, public holidays or statutory holidays.
2. Service Provision
2.1 Toll Pharmacy will provide a Registration Confirmation for all Registrations but reserves the right to accept or reject any registration at its sole discretion.
2.2 The Client agrees to provide accurate and relevant Client Information in completing the Online Questionnaire.
2.3 Toll Pharmacy will use all reasonable endeavours to provide the Services as described on the Website. Due to the nature of such Services, the time taken will not be the essence of the contract.
2.4 Toll Pharmacy may at any time amend the Services for any reason including, but not limited to, technical or legal reasons.
2.5 Any Client complaints must be dealt with through the Complaints Process. A complaint can only be dealt with by Toll Pharmacy if the correct process is followed, all complaints must be made by email to hello@tollpharmacy.com or by post to Toll Pharmacy Ltd, 151-153 Ayr Road, Prestwick, Ayrshire, KA9 1TP, Scotland, United Kingdom.
2.6 Toll Pharmacy provides Client support available through the Website.
2.7 The Client agrees that in the event of any disagreement between the parties; Toll Pharmacy will act as the sole arbiter with regards to settling any Client issues.
3. Proprietary Rights
All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to Toll Pharmacy, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Toll Pharmacy or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to You any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Toll Pharmacy‘s prior written permission, You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part.
4. Basis of Use of the Website
4.1 You agree to the following;
4.1.1 that You are aged 18 or over and are legally capable of entering into binding contracts;
4.1.2 that You understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
4.1.3 that You will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time; unless otherwise agreed with Toll Pharmacy;
4.1.4 that You shall not use the Information for any unlawful purpose or in any unlawful manner;
4.1.5 that You shall not transmit through the Website any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
4.1.6 You shall not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
4.1.7 that You shall not use the Website or the Information in any manner which may constitute an infringement of any third-party rights (including but not limited to rights of copyright, trademark or confidentiality);
4.1.8 that You shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use;
4.1.9 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in Toll Pharmacy at all times;
4.1.10 that You will indemnify and keep indemnified Toll Pharmacy against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.
5. Client Obligations
5.1 No Agreement in respect of any Services shall exist between us and the Client until your Application has been accepted by us by means of a Registration Confirmation (whether or not funds have been deducted from your account). If we do not accept your registration and funds have already been deducted, these will be fully refunded.
5.2 Registrations must be submitted electronically via the Website. To do so, the Client will be required to follow the online registration process. When doing so, the Client will be required to complete certain required fields on a form. This may include the provision of security information such as your identification details and password(s). The Client agrees to be responsible for ensuring that such security information is kept secure and confidential at all times. The Client must inform us immediately if the Client become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.
5.3 By submitting an Application, the Client hereby warrant that all information submitted by the Client is true, current and complete. Toll Pharmacy Ltd reserves the right to verify the eligibility of all Clients.
5.4 Without prejudice to its rights in terms of Clause 10 hereof, Toll Pharmacy is entitled to suspend or terminate the Client's use of the Service if the Client fails to comply with any of its obligations under clauses 4 and 5 herein.
5.5 The Client is responsible for providing a satisfactory level of cooperation and for providing all necessary Client Information and facilities to enable Toll Pharmacy to produce and deliver a quality service, including provision of:
5.5.1 the necessary information for registration including name, home address, delivery address, email address, landline and mobile telephones.
5.5.2 provision of the correct personal details and accurate Client Information.
5.5.3 where applicable provision of the correct financial details
5.6 With regard to Products supplied pursuant to the Service, the Client agrees to:
5.6.1 use, handle and store all Products as per the manufacturer's instructions. Always read the Patient Information Leaflet or packaging of any medicine.
5.6.2 be responsible for checking that any medicine prescribed and supplied is the correct medicine prescribed by Toll Pharmacy and that such medicine is not damaged in any way. If in doubt, you must contact Toll Pharmacy to seek advice and/or replacement as required.
5.6.3 Not consume any medicine which is not the medicine prescribed or which is damaged on arrival.
5.6.4 Carefully read all product packaging and labels prior to use. If you purchase medicine in advance of your need to consume these, please ensure you do not consume medicine which is out of date.
5.6.5 Ensure that no-one other than yourself has access to any medicines that is made available to you through use of this service.
5.7 With regard to international transactions, where applicable, the Client is responsible for paying all export or customs charges including local taxes and any export duty due.
5.8 The Client is solely responsible for the quality of the Client Information. You must ensure that you do not violate any applicable laws or regulations and you undertake to check that you are not so prohibited from participating in the Service by any law or regulation. In particular, the Client may only share information they believe to be true.
5.9 The Client must be aware that their use of our Free Service shall be accompanied by the use of advertising on the Site. The advertising facility is an inherent part of the Free Service offering.
5.10 Where the Client has become an Inactive Client (has not used the service for more than 6 months), Toll Pharmacy reserves the right to remove the Clients details from our server.
5.11 Toll Pharmacy will not be liable for any bank charges incurred by the Client.
6. Collection and Delivery
6.1 Completed Orders will be sent to the delivery address provided by the Client or made available for collection based upon the delivery option selected by the Client at the point of initial registration of the Service.
6.2 We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.
6.3 Toll Pharmacy’s times of delivery are based on Working Hours Monday to Friday excluding Public Holidays.
6.4 Toll Pharmacy shall bear all risk in respect of consignments until delivered to the Client. Once an Order has been received by you, all risk of damage to, or loss of, the items shall pass to you.
6.5 Delivery dates are approximate only and not an essential term of the Agreement. Toll Pharmacy shall have no liability in respect of delay in delivery to the Client caused by factors outwith our control.
6.6 Should Toll Pharmacy not receive delivery instructions or be unable through no fault of Toll Pharmacy to affect delivery within 30 days after notification to the Client that items are ready for despatch; the Client shall collect the item.
6.7 In the event that the Client has not collected their items within a period of 6 months, Toll Pharmacy has the right to dispose of the items.
6.8 Toll Pharmacy can only deliver products to the UK and some European countries. However certain countries place restrictions on the types of products that may be posted into them. If you intend to place an order which involves delivery outwith the UK, please contact us before placing your order so that we can confirm if the required Product can be supplied to that particular country. In instances where your order is seized by customs, Toll Pharmacy will not be able to offer a refund or resend orders not delivered under these circumstances. When ordering products from a country outside the UK, all customs responsibilities are borne by you the Client; you are the importer of the medicine/product and so charges levied by customs in the delivery country are your responsibility.
7. Payment for Service
7.1. We accept payment in British pounds sterling only.
7.2 The Agreement is based upon the Client paying in full any agreed amount in advance of any items being dispatched, through our Debit and Credit Card Services.
7.3 You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your payment and we will not be liable for any delay or non-delivery and we are not obliged to inform You of the reason for the refusal. We are not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with this Service.
7.4 The Client shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to Toll Pharmacy.
7.5 The Client is responsible for paying for any charges associated with using their debit or credit card.
8. Third Party Websites
8.1 The Website contains links to websites operated by parties other than Toll Pharmacy. Such links are provided for the User's convenience only. Toll Pharmacy does not control such websites, and is not responsible for their content. Toll Pharmacy’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any Services and services offered by such websites.
8.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.
9. Cancellation by the Client
9.1 The Client may cease to use Toll Pharmacy Services at any time, subject to the Client fulfilling their obligations.
10. Cancellation by Us
10.1 Toll Pharmacy shall be entitled to suspend the Service in accordance with clause 5.4.
10.2 Without prejudice to any other rights to which it may be entitled, Toll Pharmacy may terminate provision or use of the Service respectively with immediate effect if the Client commits any material breach of any of the terms of this Agreement.
10.3 By registering to use the service and by becoming a Client. The Client agrees to be subject to these Terms and Conditions and to act honesty and truthfully regards the Client’s dealings. In the event the Client acts counter to these terms and conditions, Toll Pharmacy reserve the right to delete the Client’s account and block their IP address from using the site in the future.
10.4 Toll Pharmacy will not tolerate Clients being rude or offensive or otherwise abusing the Toll Pharmacy Service in any way, (including as regards our employees) and we reserve the right to terminate the Service with immediate effect in the event of such behaviour (at Toll Pharmacy’s discretion).
10.5 Toll Pharmacy will not tolerate duplicity, deceit or pretence on the part of Clients or Users and we reserve the right to terminate Services as a result of such behaviour, Toll Pharmacy being the sole arbiter.
11. Warranties
11.1 Toll Pharmacy undertakes to use reasonable skill and care in providing the Service as described on the Website.
12. Disclaimer and Limitation of Liability
12.1 The User uses the Service at its own risk and in no event shall Toll Pharmacy be liable for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Toll Pharmacy’ s negligence) including, but not limited to, inability to use social media, loss of money, the User’s identity theft, loss of or corruption of data or the User's inability to use the Service, however caused and whether arising under contract or delict tort, including negligence or otherwise except as expressly provided herein.
12.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Toll Pharmacy becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Toll Pharmacy ’s negligence) or otherwise, will not exceed the total value of the Products purchased by the Client in the 3 month period immediately preceding such liability arising.
12.3 The User must make every effort to secure their username and password details and should not under any circumstance disclose their username and password details to a third party or in response to an email request. Toll Pharmacy, its directors, employees or representatives will not be liable for damages arising out of or in connection with the use of this Website or the Client Information, materials or Services included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.
12.4 It is the Client’s responsibility to maintain and update browser, firewall or anti-virus and anti-spyware software. The User must protect their computer and/or device and ensure they update all security software by downloading the latest security patches from relevant software provider.
12.5 Toll Pharmacy cannot guarantee 100% uptime and endeavours to provide services as described on the Website.
12.6 Toll Pharmacy is not responsible for any technical issue with regard to the purchase of any Services.
12.7 The Client is responsible for paying for all carriage charges including all delivery costs associated with returning an item.
12.8 In the event the Client receives the wrong medicine; Toll Pharmacy is in no way responsible if the Client decides to consume the medicine.
12.9 Toll Pharmacy is not responsible for the Client taking other prescription medicine not prescribed by Toll Pharmacy including the consumption of medicines not disclosed to Toll Pharmacy through the Online Questionnaire.
13. Quality, Inspection and Refunds
13.1 We do not offer refunds except in the case of the delivery of incorrect items or items delivered damaged.
13.2 It shall be your responsibility to inspect and check the completed order or part thereof as soon as reasonably practicable after delivery and in any event, not more than seven (7) days after delivery to ensure that no damage has been suffered during transportation and the prescription medicine is in your name. In the event that the items arrive damaged, you have the option to return them to Toll Pharmacy, c/o Burns Pharmacy, 151-153 Ayr Road, Prestwick, Ayrshire, KA9 1TP, Scotland, United Kingdom, carriage being payable by you and we will then re-issue the ordered items in question and forward them to you at no extra cost.
13.3 In the event the Client receives the wrong medicine, then the item must be returned to Toll Pharmacy at as outlined in clause 13.2. Other than returns due to supply of the wrong medicine, or damaged items, we cannot accept returns of medicines. If you return medicines to us we will dispose of it correctly since they cannot legally be resold.
13.4 To return an item, please replace the item securely in its original packing and return it to us with your despatch note to the following address: Toll Pharmacy, c/o Burns Pharmacy, 151-153 Ayr Road, Prestwick, Ayrshire, KA9 1TP, Scotland, United Kingdom. Please also note that we do not accept any liability for items that are mislaid whilst in transit.
14. Force Majeure
14.1 Toll Pharmacy shall not be liable to the Client or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party); or difficulties in obtaining system access, labour, fuel, parts or machinery.
14.2 Toll Pharmacy cannot be held responsible or deemed in breach of this agreement in any way in respect of third party delays, technical faults, including delivery failures affecting our performance.
15. Statutory Information
This website is owned and operated by:
Burns Pharmacy Ltd, trading as Toll Pharmacy
Registered at
151-153 Ayr Road, Prestwick, Ayrshire, KA9 1TP, Scotland, United Kingdom.
Company Registration number SC259837
Email
hello@tollpharmacy.com
Website: www.tollpharmacy.com
16. Privacy
See Privacy Policy
17. Assignation
17.1 Toll Pharmacy Ltd shall be entitled to assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Client may not assign or transfer any of your rights or obligations without our written consent.
18. Miscellaneous
18.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website and the provision of the Service. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it, use of the Service, this Agreement and the operation of these terms and conditions shall be governed by, construed and interpreted in accordance with the laws of Scotland and the Client agree to submit to the non-exclusive jurisdiction of the Scottish courts.
19. General
19.1 Failure or delay by Toll Pharmacy in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
19.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
The Copyright is owned by Create Ts and Cs, www.createtsandcs.com. All content and materials is the sole property of the Create Ts and Cs. Create Ts and Cs, hereby grants Burns Pharmacy Ltd (toll) a nonexclusive, non-transferable license to use and display, Create Ts and Cs-own both the content and materials solely in connection with the Work.