Terms of Use

These Terms and Conditions (“Terms”) (together with the other documents referred to below) set out the terms on which you may:

• Use our Website and our App
• Use our services
• Order repeat prescriptions
• Purchase products from us

You should read these Terms carefully before using our Website or our App, or accessing our services.

By using our Website or our App, you are confirming that you have read and understood these Terms and that you will comply with them.

If you don't accept these Terms, you should leave our Website immediately and/or delete the App from your device.

These Terms are set out in the following sections to make navigation easier for you:

• General terms which will apply to your use of our Website, our App and our services.
• Additional terms will apply when ordering NHS repeat prescriptions from us.
• Additional terms will apply when you buy non-prescription products from us.

General Terms

This section sets out the terms upon which you may use our Website, our App and the services accessible from our Website and App. Additional terms apply to ordering NHS repeat prescriptions and buying non-prescription products.

Our website is www.nowpatient.com (our “Website”). Our App is called “NowPatient” and can be downloaded from the App Store (for Apple devices) or Google Play (for Android devices) (our “App”).

We provide various services on or via our Website and App, such as NHS prescription ordering, Rx Advantage Card, Book GP Appointment, Symptoms Checker, Patient Activation Measure, Pollen Meter, Air Quality Monitor, Medication Reminders, NHS GP Records Folder, Home Health Testing, BMI Risk, Genetic Medicines Test, Private Treatment Plans, NHS New Medicine Service, NHS Pharmacy First, Weight Loss Programs, Health Education, Drug Coupons, Patient Assistance Programs, Canadian Prescription Savings and Type 2 Diabetes Risk assessment.

We may also sell non-prescription products on our Website and/or App from time to time.

The following policies also apply to your use of our Website, App and services:

• Our Privacy Policy and;
• Our Cookies Policy

To use our Website or App, use our services or buy products from us, you must be over 18. You are responsible for ensuring that anyone else who accesses our Website through your internet connection or uses the App on your device is aware of these Terms and the policies referred to above and that they comply with them.

About us

Our Website and App is operated by Infohealth Limited. We are a company registered in England and Wales under company number 04004930 and our registered office is at Lynwood House, 373 - 375 Station Road, Harrow, England, HA1 2AW. Throughout these Terms “NowPatient®”, “Infohealth”, “we”, “us” and “our” refer to Infohealth Limited.

Infohealth Limited is regulated by the General Pharmaceutical Council (“GPhC”) which sets the standards for pharmacy professionals and registered pharmacies in Great Britain.

The GPhC maintains a comprehensive pharmacy register as part of which they registered pharmacy premises. We are registered with the GPhC, under number 1036487 and you can confirm our registration by clicking on this pharmacy regulation link.

How to contact us

You can contact us:

• Online at nowpatient.com
• By email at [email protected]
• By phone for UK users at +44 20 388 51 500
• By phone for US users at 1-866-967-1977

By post:

Account required

You will need to have an account with us to order repeat prescriptions and to access our full range of NHS services. You can create an account on our App or Website. Your NHS Linkage Code (or, where our systems permit, your NHS Login) will be required for you to order repeat prescriptions or for you to access your medical records or book GP appointments.

You are responsible for the accuracy and completeness of the information you enter when setting up your account. Please take care to ensure that it is entered correctly. We will not be responsible for any errors in the information you provide or the consequences of you have provided incorrect information. You must keep that information up to date at all times.

You are responsible for keeping secret your user identification code, password and/or pre-selected answers to security questions. If you think anyone else may have access to them, you must log in to your account and change them as soon as possible.

We reserve the right to refuse to register your account or to close it, for any reason at our discretion.

Services available on our Website and/or App

Symptom Checker

Our Website and App allows you to input your symptoms and other information and receive medically safe information about specific conditions to help you decide on what to do next and whether you need to see a doctor. Our products and services can't be used to get information about babies, children under the age of 16, pregnant women, people who are immunosuppressed or on immunosuppressive treatment, and people with complex or long-term conditions. However, if you're generally healthy and don't have any ongoing or rare medical conditions, we can help you spot less serious conditions you can usually manage yourself.

We are not a real-life doctor, which means we can't:

• Consider all the information a doctor can when interacting with you
• Identify every possible condition or symptom you may have
• Always understand the information you provide

We often give suggestions about what you can do next, but you should only act on these if you think it's appropriate for you to do so. Always visit a doctor if:

• You're in doubt
• Your symptoms get worse
• Your symptoms don't improve

If your situation feels serious, always call the emergency services.

Remember, always consult with your doctor before making medical decisions based on information provided by our Website and App. Infohealth Limited is not liable for any decisions, acts or omissions you make. The Symptom Checker is solely for supporting users in their decision as to whether there is a need to see a healthcare professional and it is not a diagnostic tool.

Reliance on information provided by the Symptom Checker is solely at your own risk and we hereby disclaim any and all express, implied, or statutory warranties to the fullest extent permissible by law. The Symptom Checker is not a substitute for professional medical advice, diagnosis, therapy, or treatment and you should never rely on or make health or well-being decisions based on information provided by the Symptom Checker without first consulting an appropriate health professional.

Video Consultations

You can book an appointment for a video consultation with a qualified clinician on our Website or App provided that you have registered for an account with us. Subject to the clinician's availability, you will be able to choose the clinician you wish to conduct your consultation from a pool, based on certain factors such as gender and language.

The appointment will be for a video call. You will be required to have access to the necessary video call facilities and connectivity to enable the consultation. The video call functionality is included in the App. You will be responsible for the costs of making the video call.

The topics on which you can consult our clinicians are set out on our Website and App. Our clinicians are not authorised to provide advice on any other topics and we cannot be responsible for any advice given which fall outside the topics set out on our Website and App.

If you wish our clinician to have access to your NHS records, you will need to give them explicit consent and provide your NHS Linkage Code (or, where our systems permit, NHS login details).

We will only forward a record or details of the consultation to your GP if you ask us or consent to us doing so.

We will advise you if we consider that a video consultation is not suitable for you or the matter about which you want advice, or if we consider that you need urgent or alternative assistance. If we do this, it is your responsibility to arrange for alternative assistance (for example, seeing your GP or going to your local hospital).

You may have someone with you during a consultation provided that they are in the same location as you and you notify the clinician at the beginning of the consultation.

Each consultation will be for 8 minutes after which the consultation will automatically end. If you require further time, you will need to book an additional appointment.

Please note that our clinicians may issue a prescription to you in accordance with the Private Treatment Plan and Pharmacy First Terms only.

General Information and education

Our Website and App contains general medical information and educational resources, in several forms, including articles, videos and blogs.

The informational and educational materials available on our Website and App are provided for general information only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the Website or App. We ensure that the information is obtained from reputable sources and take reasonable care to update the information from time to time. However, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Access to Medical Records and reminders

Provided that you have registered for an account and, for some information, set up your NHS Linkage Code (or, where our systems permit, NHS Login), the following information will be available to you in your account on the Website and App:

• Past/upcoming appointments with a clinician
• Current medication
• Medication reminders that prompt you to take your medication dose
• Details of fit notes issued
• Results of laboratory tests where the kit was purchased from us

Rules of use of our Website, our App, and their contents

Any material found on our Website or App, including text or images, may not be copied, reproduced, republished, downloaded, posted, broadcast, transmitted or used in any way except for your personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in our Website or App.

We do not guarantee that access to our Website or use of our App, or the content on it or them, will always be available or uninterrupted. Your right to access our Website and the right to use our App is given temporarily only.

We make no warranties, representations, undertakings or guarantees that our Website or App is secure or free from bugs or viruses. You are responsible for ensuring that the device from which you access our Website and the device on which our App is installed has suitable antivirus software in place.

You may only use our Website and/or App for lawful purposes and in compliance with all applicable laws, including without limitation data protection and privacy laws, and copyright laws.

In addition, you must not:

• use our Website for mail bombing or flooding or to make deliberate attempts to overload a system;
• knowingly or recklessly introduce to our Website, or use our Website or App to transmit, any application, material or ware (such as viruses, spyware, malware or adware) which are malicious or harmful;
• attempt to gain unauthorised access to our Website, the server, equipment or network on which our Website is stored, any server, computer or database connected to our Website or any software;
• use our Website or App to attempt to gain unauthorised access to any other website, internet account, server, computer, equipment, system, network, data or information;
• use our Website or App to monitor data or traffic on any network or system;
• use our Website or App to collect or use information, including without limitation email addresses, screen names or other identifiers, by deceit (such as phishing, internet scamming, password robbery, spidering, scraping and harvesting);
• use our Website or App to distribute software;
• carry out a denial-of-service attack or a distributed denial-of-service attack on our Website or use our Website or App to carry out any such attack on any other website;
• use our Website or App to groom, harm or take advantage of minors in any way or to attempt to do so;
• use our Website or App in violation of applicable technology control or export laws and regulations that apply to the technology used or supported by the Website, App or any service;
• rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
• copy the App, except as part of the normal use of the App, translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms;
• disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that such actions cannot be prohibited;
• infringe our intellectual property rights or those of any third party about your use of the Website or App;
• transmit any material that is defamatory, offensive or otherwise objectionable about your use of the App.

Using a communal computer and internet communications

If using a communal computer to access our Website, make sure you either use your browser's “Incognito” or “Private Browsing” mode or delete your browser cache, cookies and history after accessing our Website.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send to the Website or using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

The Browser and operating system requirements, updates, and your phone/device

You will be able to access the Website using the browsers and version numbers listed on the Website from time to time. The App will only operate on a device of at least the specification and operating system set out on our Website.

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt-out of automatic updates you may not be able to continue using the App as intended or at all.

If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.

By accessing the Website or using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

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 are not liable for business losses

Our Website, App and services are for domestic and private use. If you use the Website, App or services for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of data, loss of business, business interruption, or loss of business opportunity. In such circumstances and in addition to the above, we will be entitled to (a) immediately terminate your right to access our Website and/or App and/or services (b) be entitled to immediately cancel or reject any order for repeat prescriptions or non-prescription products and refuse to accept any further orders received from you.

We are not responsible for events outside our control

We will not be responsible to you for any failure to provide our Website, App or services where it is caused by an event outside our control.

We may end your rights to use the Website and/or App if you break these Terms

We may end your rights to use the Website and/or App at any time by contacting you if you have broken these Terms.

If we end your rights to use the Website and/or App:

• You must stop all activities authorised by these Terms, including your use of the Website and/or App.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this. We reserve the right to remotely access your devices and remove the App from them.

Disputes

If a dispute arises in connection with any provision contained within these Terms, we and you each agree to seek resolution of the dispute. If the dispute cannot be resolved within 60 days of the initial notification of a dispute by either party, we and you each agree to attempt to settle it through mediation by the Centre for Effective Dispute Resolution Model (“CEDR”) Mediation Procedure.

To initiate the mediation, either of us must give the other written notice (“ADR Notice”) requesting the mediation. A copy of the request should be sent to CEDR.

The mediation will start not less than 60 days from the date of the provision of the ADR written notice.

You and we irrevocably agree that neither of us may commence any court proceedings about any dispute arising out of any matter relating to these Terms until it/he/she has first attempted to settle the dispute by mediation and either the mediation has been terminated or the other of us has failed to participate in the mediation for a period of not less than 30 days from the date of the commencement of the mediation.

Changes to these Terms and our other policies

We make changes to these Terms from time to time. You should, therefore, check these Terms whenever you return to our Website or use the App to see whether any changes have been made, as these will be binding on you.

We also make changes to our privacy policy and cookie policy from time to time, so you should also check these regularly to see whether any changes have been made.

Other important terms

Intellectual Property Rights

All intellectual property rights in the Website and App throughout the world belong to us (or our licensors). You have no intellectual property rights in, or to, the Website or App other than the right to use them by these Terms.

Trademarks

Our trademark “NowPatient” is a registered trademark of Infohealth Limited. You are not permitted to use it without our approval except to the extent permitted by these Terms.

Security

Whilst we use security technology, including firewalls and secure socket layers to protect the information submitted through our Website and our App and have procedures in place to ensure paper and computer systems and databases are protected against unauthorised disclosure, use, loss and damage, electronic transmissions are never completely private or secure and there is a risk, therefore, that any electronic communications sent may be intercepted and potentially read by others. You should, therefore, ensure that any computer, device or telephone you use to access your online patient record is suitably protected from potential interception.

Follow up

Our team may contact you to check how you are getting on after using our Website or App. Our team may also contact you for feedback about your customer experience to help us improve.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. This may be via email or post to the address provided or by our announcing notice of our plans on the Website and App. Your right to use the Website and the App is personal to you. You may not transfer your rights to anyone else or allow anyone else to use your account unless we give our consent. If you sell or let anyone else have the device on which the App is installed, you must first remove the App.

Nobody else has any rights under these Terms

The agreement is between you and us. No other person shall have any right to enforce any of its terms.

Each of the paragraphs of these Terms operates separately

If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these Terms, we can still enforce them later

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to these Terms and where you may bring legal proceedings

These Terms (and all disputes arising out of or about them including disputes of a non-contractual nature) are governed by the laws of England and Wales. The subject at all times to the mediation and resolution processes referred to in the paragraph above headed “Disputes”, the courts of England and Wales shall have exclusive jurisdiction about all such disputes, except that if you are a resident of Scotland or Northern Ireland, you may also bring a claim in the courts of Scotland or Northern Ireland respectively.

Additional Terms

Ordering, Dispensing and Delivery

The process for ordering an NHS repeat prescription and delivery are set out on our Website and App.

All timings given on our Website and App are indicative only. We will try to meet these timings but we will not be liable to you for any delay in delivery or failure to deliver. In particular, we cannot control how quickly your GP approves your repeat prescription order. We recommend that you order your repeat prescription in plenty of time. If your prescription is particularly time-sensitive or urgent, please email us at [email protected].

We can only accept orders for repeat prescriptions from English residents at this time.

The address for delivery will be the address you specify as your delivery address in your patient record in your account. You are responsible for ensuring the accuracy of this address and for ensuring that there is someone available to accept delivery.

Our trained staff will dispense your prescription when the prescription is approved by your GP.

We will deliver prescriptions by an appropriate method of delivery. For instance, cold chain medications will be delivered in suitably temperature-controlled vehicles. Your medicine will be your responsibility from the time we deliver it to the address you gave us. It is your responsibility to accept delivery of your prescription and to properly store your medications, promptly upon delivery to the address nominated by you.

If you requested tracked shipping, a signature on delivery will be needed, however, it does not need to be you who signs for it. It is your responsibility to ensure that the person signing for the medicine delivers it to you.

Unless you have opted for “signed for” delivery, you are responsible for ensuring that medicines delivered through the letterbox will not be taken by children, consumed by pets, or otherwise interfered with.

If you believe that items have been sent to you in error, you should contact us immediately.

Cancellation

We can only cancel your NHS prescription order before it has been dispensed by us. If you wish to cancel your order, please email us at [email protected] as soon as possible.

Fees and Charges

No charge is made for the dispensing service.

However, you will be required to pay the relevant prescription charges before we can dispense or deliver your prescription.

Payment can be made on our Website or App by credit or debit card. Alternatively, you can ask us to send you a link by email or text for payment.

If you tell us that you are not required to pay prescriptions charges, we will require satisfactory evidence of exemption or prepayment before we can dispense or deliver your prescription.

Nominated Pharmacy

You can nominate us as your pharmacy with your GP. This will enable your GP to send your prescriptions to us directly provided that you have let us have your name and address.

We will automatically become your nominated pharmacy if you order a repeat prescription via our Website or App.

We will remain your nominated pharmacy unless and until you decide to nominate another pharmacy.

Order Terms

Our contract with you

When we receive an order for products, we will confirm that we have received the order by sending a confirmation email to the contact email address listed in your account.

We reserve the right to reject any order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to deliver the product within a reasonable period.

Your order is an offer to purchase a product. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between, and will be binding on, you and us.

Products

We reserve the right not to supply products to customers in some countries.

The images of the products on our website and App are for illustrative purposes only. Products may vary from the images on our website and App and we accept no responsibility for any reliance that you may place on the accuracy of the images used on our website and App.

The packaging for the products may vary from time to time to that shown on images on our website and App.

All products shown on our website and App remain at all times subject to availability. If the product you have ordered is unavailable, we will notify you as soon as possible and we will refund your payment promptly.

You are responsible for determining whether the products are suitable and appropriate for your intended use.

We may make changes to the products to reflect changes in relevant laws and regulations, and to implement minor technical adjustments and improvements, but the changes will not affect your use of the products.

Prices and payment

The price of the product (which includes VAT or equivalent tax) will be the price indicated on our website or App when you placed your order. If the rate of VAT or equivalent tax changes between the order date and the date of dispatch, we shall adjust the price accordingly.

Whilst we take all reasonable care to ensure that all prices on our website and App are accurate, occasionally there may be an error or a product may have been incorrectly priced on our website and App, such as a change in the price charged by our supplier. We will normally check prices before accepting your order so that, where the product correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we are unable to contact you, we will treat the order as cancelled. If we cancel and you have already paid for the Products, you will receive a full refund.

If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

We accept MasterCard / Visa / Visa Debit / Visa Electron. We only accept payment in UK Pound Sterling (GBP) and US Dollar (USD).

We use the Stripe and Lloyds Bank PLC payment gateway and utilise industry-standard 128-bit Secure Sockets Layer (SSL) technology to allow for the encryption of sensitive information such as your name, address and other sensitive information like your credit card details.

Once you have submitted your order, Stripe or Lloyds Bank PLC will immediately contact your bank/card issuer for authorisation to take payment from your account.

In providing payment method details, you confirm that you are authorised to use the card or bank account and authorise us, or our payment service provider, to take payment in full for the items in your order and any associated product, postage and packaging fees and any other charges that become due to us under these Terms.

The issuer of your payment card or your bank may charge you a foreign transaction fee at their discretion which is in addition to the amount charged by us. Foreign transaction fees are charged by the card issuer/bank and not by us.

Postage and Packaging

The costs of delivery will be as displayed to you on our website and App. During the order process we will let you know when we will dispatch the products to you and the expected delivery time together, if appropriate, with any tracking information provided by our delivery service.

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

A product will be your responsibility from the time we deliver the product to the address you gave us. If you requested tracked shipping, a signature on delivery will be needed, however, it does not need to be you who signs for it. It is your responsibility to ensure that the person signing for the product delivers it to you.

Unless you have opted for “signed for” delivery, you are responsible for ensuring that medicines delivered through the letterbox will not be taken by children, consumed by pets, or otherwise interfered with.

If you believe that items have been sent to you in error, you should contact us immediately.

Returns and cancellations (excludes NHS prescription products)

Please note that this section does not apply to NHS prescription products where you do not have a right to exchange or refund.

By law, you have the right to cancel a contract for the purchase of a product within fourteen working days (“Returns Period”) of the day of delivery of the product to you.

If you wish to cancel your order within the Returns Period, you must notify us at [email protected] quoting your name and order number or complete our cancellation form available here. On receipt of your notification, we will send you a return form with a pre-paid postage label in PDF format which you must cut out and attach to the parcel you are returning. Remember to obtain free proof of posting when returning any product. If you choose to return a product without using our pre-paid form, you will be responsible for any costs of return.

You are responsible for ensuring the product is appropriately packaged to ensure it is not damaged in transit to us.

If you cancel your order within the Returns Period, we will refund the full cost of the product(s). We will only refund the delivery charges if you are cancelling the whole order, so please mention this when cancelling. Delivery charges are non-refundable if you are returning part of an order.

We will accept the return of products after the end of the Returns Period but within 28 days of delivery to you, but only for an exchange for replacement products.

Unless the products are faulty, we reserve the right to refuse an exchange or refund if products are not returned in a saleable condition, are damaged or if you have unsealed products that are sealed for health protection or hygiene purposes. All returns are evaluated before being processed. Products that have been opened cannot be refunded or exchanged.

The above does not affect your statutory rights.

Please take note of the time scales required to process a refund: we require 5 working days from receipt of a return for us to process a refund. Please allow a further 5-10 working days for the refund to be credited to your account. This time frame is dictated by your bank or card issuer and is outside our control. Your refund will be credited to the same card with which you made your original purchase.

In the rare event you have a faulty item, please notify us at [email protected], quoting your name and order number, and return it to us at the below address for an exchange or refund.

Return address

Please contact us to receive a returns form which includes pre-paid postage. If you choose not to use our form, we cannot be responsible for any postage costs.

If you return products, please always retain the proof of posting for your records. This can be obtained from your Post Office and is free. You will be responsible for the returned products until they reach us.