Acceptance of general terms and conditions
By using our services as offered on the Website, you accept our Terms and Conditions (as defined below), including our Privacy Statement and you accept that you are entering into a treatment relationship with the Doctor (as defined below) as well as that you are entering into an agreement directly with a Pharmacy (as defined below) nominated by Blueclinic (as defined below) on receipt of your Treatment Request. These Terms & Conditions are part of the agreement between a Customer (as defined below) and the Company (as defined below) and also apply to the agreement between a Customer and a Pharmacy and between a Customer and a Doctor. Reference is made to paragraph 'Parties, Relations & Agreements' in these Terms & Conditions.
Notwithstanding the above, where a Pharmacy which provides Products, such Pharmacy's Terms and Conditions will apply and prevail in the relationship between Customers and Pharmacies. By accepting these Terms & Conditions and Requesting Treatment you enter into an agreement with such Pharmacy and accept their terms & conditions (which will be provided to the Customer at the appropriate point in the purchase process when applicable) as the rules governing the agreement between you and such Pharmacy.
You hereby represent and warrant that you have fully read and understood these Terms & Conditions without any impairment in judgement resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgement. You agree and confirm that the Terms & Conditions may be amended from time to time without prior notice to you. Please ensure that you periodically update yourself with the current version of the Terms & Conditions. Information or advice provided on the Website (as defined below) should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. Blueclinic and other professionals who offer services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to services attained through the use of the Website, which is being provided on an "AS IS" basis as a platform to get health information.
In these Terms and Conditions the following definitions will be used:
- 'Act of God': an act which occurs as a result of the direct, immediate, and exclusive operation of the forces of nature, uncontrolled and uninfluenced by the power of man, and without human intervention, and is of such a character that it could not have been prevented or escaped from by any amount of foresight or prudence, or by any reasonable degree of care or diligence.
- 'Agreement': the agreement that is entered into by acceptance of the Terms & Conditions.
- 'Carrier': reputable shipment and courier companies, such as but not limited to UPS / DHL / Royal Mail / Parcel Force / TNT.
- 'Company': Blueclinic LTD, 20-22 Wenlock Road, London, England, United Kingdom, N1 7GU, the owner(s) of this Website, providing the service as described in "The Services" below within these General Terms & Conditions.
- 'Consultation': medical consultation based on online Medical Questionnaires, telephone conversations, video consultation, secure messaging and photo assessment, where a Doctor determines, based on its medical assessment, if Patients are suitable for treatment and subsequently will issue a prescription that will be sent to a Pharmacy.
- 'Content': all content such as text, information, images, and audio made available to you through Blueclinic.
- 'Customer': any visitor of the Website that agrees to the Terms & Conditions and Requests Treatment.
- 'Doctor': an independent medical doctor, licensed in the jurisdiction where he or she resides, who will review the Medical Questionnaire and makes a determination regarding whether or not to issue a prescription directly to you (if applicable).
- 'Doctor Services': Consultation, the determination if a prescription should be issued in your case, the actual issuance of the appropriate prescription for the medication you desire to purchase and other healthcare provided by a Doctor, e.g. during or after Consultation.
- 'Blueclinic' or 'Website': this website, www.Blueclinic.co.uk, including the Content and the Services.
- 'Medical Questionnaire': Questions from a Doctor for the assessment of a medical anamnesis.
- 'Password': a secret word or code.
- 'Patient': a Customer that uses Doctor Services.
- 'Pharmacy': a Pharmacy being an independent licensed pharmacy to whom Blueclinic may refer, which will dispense the Products and dispatch them directly to you.
- 'Pharmacy's Terms and Conditions': the Pharmacy's terms and conditions that apply to the agreement between Pharmacy's and Customers (which will be provided to the Customer at the appropriate point in the purchase process, when applicable).
- 'Privacy Statement': the statements that are to be found within the Privacy Statement section.
- 'Products': the products listed on the Website that are offered by Pharmacies, either on prescription or not.
- 'Referral': referral to Pharmacies in relation to the sale and purchase of Products.
- 'Services': informing on health, lifestyle, complaints, solutions and products, platform for requesting online Consultation and referral service to Doctors and/or Pharmacies via the Internet.
- 'Serviced Languages': the languages indicated on the Website and intended for use by people resident in a country where any of these languages is the main spoken language.
- 'Terms & Conditions': these general terms and conditions.
- ‘Treatment’, 'Treatment Request', ‘Request for Treatment’, ‘Requesting Treatment’ and/or Request Treatment: the (request or requesting via the Website for) treatment with specific Products, offered, sold and delivered by a Pharmacy or any other service offered by the Company.
General description of services
1. The Services
Blueclinic.co.uk is an eHealth service website and not an online pharmacy or Internet pharmacy. Blueclinic informs on health, complaints, solutions and products. Blueclinic can establish contact between you and Doctors and/or Pharmacies. For more information, we kindly refer to our “who we are” page.
Blueclinic provides for several different services:
- Blueclinic facilitates Consultation provided by a Doctor. The sale and supply of Products, however, is an agreement between a Customer and a Pharmacy. (Total) payment is received by Blueclinic, partly on behalf of the Pharmacy. Blueclinic will appear on your payment statement.
- Blueclinic provides a referral service to Pharmacies. The sale and supply for these Products is agreed with the Pharmacy by acceptance of these T&C's. Payment is received by Blueclinic.
- Blueclinic provides a combination of the above-mentioned services. What service or Consultation is provided, and with whom Customers will agree in relation to the sale of Products and who will collect the money, will be indicated during the request process on the Website, the confirmation and the invoice.
The information from Blueclinic is provided for general informational purposes only and is not a substitute for professional medical advice (including but not limited to evaluation or care from your physician or other qualified healthcare provider). Nothing from the Website shall be used for treating or diagnosing a medical or health condition or for replacing any relationship with your physician or other qualified healthcare provider. The health information from the Services and the interactive responses (if any) do not consist of professional medical advice. You acknowledge that we advise to consult other sources for confirmation of the received information and to consult your own physician or other qualified healthcare professional regarding your symptoms or medical condition. For medical concerns, including decisions about medications and other treatments, you acknowledge that we advise to always consult your physician or other qualified healthcare professional. If you have or suspect that you have a medical problem or condition, please contact a physician or other qualified healthcare provider immediately. In serious cases, seek immediate assistance from emergency personnel and immediately contact the emergency number in your country. You must never disregard medical advice or delay in seeking it because of something you have read on this Website (including but not limited to live chat, emails, phone support) and/or is provided by Doctors. You acknowledge that we advise that no medications, dietary supplements or treatments as may be described on this Website and/or from the Services must be taken or begun without you first consulting your physician or other qualified healthcare provider. Reliance on any information provided by this Website and/or provided by Doctors is solely at your own risk.
The Website does not prescribe medicines, nor diagnose medical conditions. You will not use the Website and/or information from the Website to treat medical conditions or medical emergencies, or to advise or resolve legal, medical or financial issues. All advice and/or information obtained directly or indirectly from the Website and/or provided by Doctors are provided and used at your own risk.
For health advice in particular, but not exclusively, before acting on any of the advice, we advise you to check that such action is applicable and suitable by referring to your physician or other qualified healthcare professional or attaining the second and third opinion of other medical practitioners. You recognize there are limitations associated with consultations or other services without physical examination, in person advice or onsite and extensive investigations. Neither Blueclinic nor any of its owners, managers, directors, employees, agents, partners, advertisers or affiliates assumes any legal responsibility for any incorrect, inaccurate, incomplete, or misleading information provided by the Website and/or from Consultation.
2. How it works
When you visit our Website for the first time you have the option to register prior to using our services or immediately select one of our Services and register during the order process. We offer multiple types of services, which are explained in "General description of our services" of this Terms and Conditions. Furthermore, on the Website you will find a menu called: "How it works" which explains how it works.
We will request payment in whole or in part before your request is forwarded to the doctor and pharmacy. Please refer to our website (in the menu "How it works") for more information on payment and refunds.
All our Medical Questionnaires have been carefully prepared by Doctors and are compliant with medical best practice. You cannot submit a Medical Questionnaire and receive medical treatment without first registering on the Website. By registering on the Website, you will create a secure online electronic patient record. Professional codes of conduct and legal restrictions may limit the permitted number and frequency of any Product supplied to you and, as such, there is no obligation to supply quantities exceeding the relevant permitted maximum and you will be charged only for those supplied. We reserve the right to reject any Treatment Requests.
Treatment Requests are accepted at our discretion and the discretion of the Doctors and Pharmacies, and we reserve the right to decline Treatment Requests without explanation. For certain products, there may be additional rules by law or for your own safety, which will be published on the Website.
3. How you should use our Services
By Requesting Treatment through the Website, you confirm that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old; if you are under the age of 18, your parents or guardian's consent is required to Request Treatment on this Website;
- You are resident in the UK;
- You enter into a treatment relationship with a Doctor;
- You enter into an agreement with a Pharmacy and accept their terms and conditions (which will be provided to the Customer at the appropriate point in the process, when applicable) as the rules governing your relationship with such Pharmacy;
- The Products are for own personal use only; and you are accessing the Website in a language you understand / master, and be aware that you are yourself responsible if it is legal for the country you are resident in to use our Service.
- You must use the Website and Services with care and in compliance with the below.
- The provision of Consultation to you is conditional on you completing all questionnaires contained on the Website truthfully and honestly. You must reveal and disclose all relevant information truthfully to the best of your knowledge.
- You are not allowed to register more than once.
- Please do not register or complete questionnaires on behalf of anyone other than yourself, unless you have permission to do so from such individual and we receive express consent from such individual.
- We cannot be and are not liable for any damages which results from:
- a failure by you to provide (and continuously maintain) complete, truthful and accurate information in your patient record and in all questionnaires you complete or any other information you provide to us;
- a failure of you to follow advice given on the Website or from your failure to pass on information given on the Website to your regular healthcare provider.
You acknowledge that the information provided on the Website does not replace your regular healthcare provider. You must tell your regular healthcare Pharmacy about treatment and medication supplied.
All the information contained on the Website is in the languages indicated on the Website. You are solely responsible for ensuring that you understand the questions in the questionnaires that you complete on the Website. You must speak to your regular healthcare provider if you do not understand a question or are unsure how you should answer certain questions or you do not fully understand the advice or information given to you on our Website.
If Products are prescribed and dispensed to you, you are responsible for checking that the Products are the correct Products prescribed by a Doctor and that such medicine is not damaged in any way. If in doubt, you must contact the Pharmacy to seek advice and/or replacement as required. Do not consume any Products that are not the Products prescribed or which are damaged on arrival.
You must carefully read all product packaging and labels prior to use. If you purchase Products in advance of your need to consume these, please ensure you do not consume Products that are out of date. Please ensure that no one other than yourself has access to any Products that are made available to you.
Parties, Relations & Agreements
The sale and supply of Products is agreed herein between a Customer and a Pharmacy, irrespective who collects payment, and the terms and conditions of a Pharmacy (if any) - which will be provided to the Customer at the appropriate point in the request process, when applicable - will govern the relationship between the Pharmacy and a Customer (if any and if applicable).
Blueclinic arranges Consultation, acting in its own name and on its own behalf. The Consultations are solely performed by Doctors, whose primary purpose of such services is the protection, maintenance or restoration of the health of the persons concerned. Although Blueclinic arranges for Consultation, it is the Doctor who is fully responsible for the services performed by Consultation. Arranging for Consultation is therefore merely an administrative act.
These Terms and Conditions cover all Services and each of the Pharmacies and Doctors must comply with these Terms and Conditions. It is possible that under applicable national law the Pharmacies and Doctors are bound by rules of professional conduct and/or by law and that the provision of Consultation and/or the supply of Products may be governed partly by rules and laws in effect in which the Doctors and Pharmacies are located. E.g. delivery of Products by a Pharmacy in the UK is governed by English Law and will be deemed to have taken place in England and subject to the exclusive jurisdiction of the English courts.
If a Doctor determines, based on his medical assessment, that you are suitable for treatment, he may issue a prescription, which will be sent to a Pharmacy or - on your specific request - to you directly.
To enable the Doctor to decide whether the Products you wish to be treated with may be prescribed to you without risk, it is crucial that you provide accurate and complete information in the Medical Questionnaire. Omitting any information requested could result in prescription of Products that may damage your health. To avoid damage to your health it is very important that you provide us with all medications you are currently taking, as requested on the Medical Questionnaire.
If you are unable to complete the Medical Questionnaire, you agree not to Request Treatment. Instead, you should check with your regular doctor whether you are taking any medications or any combination of medications that would have contra-indications with the Product or whether there is anything in your medical history that would preclude you from using the Product without risk to your health.
Products may have side effects. You should realize and understand that as a result of use of a Product, you may suffer adverse effects including but not limited the side effects indicated in the information leaflet provided with the Product packaging.
You agree to notify your current doctor and/or pharmacist of your Treatment. You should realize and understand that no doctor, nurse, or administrative personnel can guarantee that the Treatment, even if prescribed, will provide the desired results.
Blueclinic reserves the right to change prices for Treatment mentioned on the Website. Prices for Treatment at the time of a Treatment Request are valid throughout the website process. At times where software or human errors for instance list Treatments with an obvious faulty price, Blueclinic reserves the rights to cancel the Treatment Request in which case notifications will be given. We will ensure that the prices for Treatments are clearly set out on our Website. There are no hidden charges.
Change of Products & Information
Because Blueclinic is not itself providing any Products, it reserves the right to change the Product availability at the Pharmacy(s) on the Website and to remove items before a Treatment Request has been registered. We do our best to make sure that all of the Content, photos and product photos are correct. However, as we are only human, we reserve the right that unintentional errors may occur and neither we, nor a Pharmacy is liable for such unintentional errors. Colours on your computer screen are not always 100% accurate. You should always verify whether the Product shipped to you complies with your Treatment Request and Consultation before using it.
Prices for Treatment are stated in GBP only. All payments must be made by credit card, bank transfer or as indicated on the Website. What service is provided, and with who you will get into a (separate) sales agreement (as the case may be) and who will collect the money, will be indicated during the process on the Website, the Treatment Request confirmation and the invoice. Please read the general description of our services chapter of these Terms and Conditions for more information.
What part of the price should be payed when and if and when you will be refund in whole or in part, will be communicated on the website in the menu "How it works".
In providing invoice and payment details, you confirm that you are authorised to use these details and authorise us, or our payment service provider or the Pharmacy payment service provider, to take payment in full for the items in your Treatment Request and any associated delivery fees and any other charges that become due to us under these terms and conditions.
The relevant Pharmacy will ship orders as soon as possible when received, paid for and approved by a Doctor (for medicinal products). Any delivery times quoted are estimates, based on availability and normal delivery time. Please note that there are some Products that are not shipped to certain destinations, which will be indicated on the Website. Due to FDA regulations, Blueclinic does not offer any service to the USA.
If you choose for delivery, you accept that you will have an agreement with the Carrier of your choice (if any). All Products will be delivered by the Pharmacy and in the country of establishment of the Pharmacy. All Products are shipped on behalf of, and at the risk of, the Customer. The Customer indemnifies Blueclinic (as well as the Doctors and Pharmacies) for any and all legal action which might be brought against the Customer, in case of not acting in accordance with the regulations and importation laws applied by the government of the country of destination. You are responsible for all customs, taxes and tariffs, applicable in your country. You confirm that all requested Products are for personal use only.
You hereby appoint the Carrier as your agent and proxy to transport the Products from the location of registered seat of the Pharmacy. Upon delivery of the Products to the Carrier, the Pharmacy shall be deemed to have completed its obligations under its agreement(s) and all risk and title to the Products will pass to you.
Sale by Teixeira Pharmacy
In case the requested medication will be sold by Teixeira Pharmacy (Portugal) the following provision applies, such in deviation from, or in addition to the other provisions of these Terms & Conditions and/or the provisions communicated in the order process:
By accepting the Terms & Conditions, the Customer explicitly instructs Teixeira Pharmacy to transfer his/her order after payment to Helpforbuy Lda (a service company) at the counter of the Teixeira Pharmacy, so that the order is executed ex works and title and ownership of the product are transferred to him/her in the pharmacy. The Customer also instructs Helpforbuy Lda to appoint and charge to his/her account a Carrier and to instruct this Carrier to deliver under his/her responsibility the order to the address provided.
Cancellation & Returns
Since medicinal products are perishable and of a personal nature – e.g. because they have been prescribed to you - and to avoid the risk of any tampering with Products, the Pharmacy cannot accept any returns of Products except in the case of defective or damaged Products, or if the wrong Product has been delivered to you. Medicines are exempt from the requirement to accept return.
If the Product delivered to you is defective or damaged or if the wrong Product has been delivered to you, you may either:
- Cancel your Treatment Request and return the Product to the Pharmacy within 7 business days from receipt, and receive a refund within 30 days of receipt by the Pharmacy; or
- Request the Pharmacy to replace the Product.
The Pharmacy will refund the costs of returning defective, damaged or wrongly supplied Products. In the event of the occurrence of any of the foregoing, the sole obligations of the Pharmacy shall be those set forth in 1) and 2) above. Return address and instructions are included with your e-mail confirmation.
For Products that do not require a prescription, you have the right to cancel your Treatment Request within fourteen (14) calendar days of receipt. In relation to Treatment Request with multiple Products, this will be within fourteen (14) calendar days of delivery of the last Products. This right does not apply to prescription products. However, you will be liable for costs relating to the service(s) already provided. To cancel your Treatment Request and apply for a refund or in relation to any concerns regarding a damaged/faulty Product, contact Blueclinic through its contact page on the Website. Return of a Product will be at your own expense unless damaged or faulty. All refunds will be processed within seven (7) business days as of Blueclinic agreeing to the refund but may take up to seven (7) business days to appear on your bank or card statement.
The Website's Content is merely intended as a source of general information and is not intended to be diagnostic or therapeutic advice or otherwise a substitute for medical advice. BLUECLINIC (as well as the Doctors and Pharmacies) is not liable for the effectiveness of the products, the content of the text on the patient information provided by the product manufacturers, information texts, descriptions of treatment methods and other descriptions on the website, nor can any guarantees be given in that respect. We do not give legal or medical advice, nor do we provide medical or diagnostic services. Your reliance upon Content obtained by you at or through the Website is solely at your own risk.
Blueclinic (as well as the Doctors and Pharmacies) cannot be held liable for the accuracy of the diagnosis, treatment or medication prescribed or the correct use of the Products. If in delivering our Services to you we fail to comply with these Terms and Conditions, we shall only be liable to you for the amount up to the amount of our services.
To the extent permitted by law, Blueclinic, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute or law;
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website and Services, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- Loss of income or revenue;
- Loss of business;
- Loss of profits or contracts;
- Loss of anticipated savings;
- Loss of data;
- Loss of goodwill;
- Wasted management or office time; and
- For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
By making use of this Website, you declare that you do so at your own risk and accept that all responsibility in connection with the use of this Website rests with you. You are responsible for taking all precautions you believe necessary or advisable to protect you against any damage, loss or hazard that may arise by virtue of your use of this Website. You agree to defend, indemnify and safeguard us (as well as the Doctors and Pharmacies) against any losses, expenses, costs or damages (including reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to:
- your breach of these Terms & Conditions;
- your unauthorized or unlawful use of the Website;
- any misrepresentation made by you in connection with your use of the Website;
- the unauthorized or unlawful use of the Website by any other person using your Password; and/or
- claims brought by persons or entities other than the parties to this Agreement arising from or related to your use of the Website, including the information obtained through the Website.
Should you have a complaint with the Service or Product supplied please contact Blueclinic Customer Service at: www.Blueclinic.co.uk/contact/
Blueclinic intends to:
- acknowledge complaints as soon as possible;
- advise you how long it will take to resolve the complaint; and
- keep you informed throughout the process.
Trademarks and copyright
All Content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Blueclinic or its content suppliers and protected by international copyright laws. The Content, including codes and software, or any portion of it may not be modified, reproduced, republished, duplicated, copied, sold, resold, visited, uploaded, posted, transmitted, publicly displayed, prepare derivative works based on it or otherwise exploited for any commercial purpose without the expressed written consent of the Company.
Any Content you download or print may not be altered in any way and must contain all copyright and proprietary rights notices that were contained in such Content. Any framing of the Website is prohibited. Any unauthorized or unapproved use of any of the content constitutes copyright infringement and subjects you to all civil and criminal penalties provided for under domestic and international copyright laws.
Viruses, hacking and other offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. By breaching this clause, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it.
This privacy statement explains who we are, what we do on Blueclinic and how we protect your personal data. It also tells you who you can contact if you have any questions, complaints or requests concerning these matters. This statement is valid with effect from 1 July 2017 and can be found on our Privacy Statement page on our website.
If you are under 18, you may use our Website only with the involvement of a parent or guardian.
The laws of the UK will govern this agreement and you agree to submit to the jurisdiction of the UK courts.
This Agreement contains the entire agreement between you and Blueclinic relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. We reserve the right to make changes to this Agreement at any time without prior notice. We agree to post all amended forms of this Agreement on the Website and such amended forms shall be effective immediately upon its posting. It is at all times your responsibility to read the most current form of this Agreement before using the Website to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable. Any use by you of the Website after receipt of notice of amendment to this Agreement shall constitute your agreement to be bound by the terms of the amendment.
Your right to access and use the Website immediately terminates without further notice upon your breach of these Terms & Conditions. We may terminate this Agreement or parts thereof and/or your right to use the Website at any time, with or without cause. We reserve the right to discontinue or make changes to the Website at any time.
All rights stipulated for the benefit of Blueclinic in these Terms and Conditions are equally stipulated for the benefit of any agents, intermediaries or third parties used by Blueclinic for performance of its obligations under these Terms and Conditions.
Assignment and waiver
Blueclinic may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without the prior written permission of Blueclinic. You hereby acknowledge and agree that this is personally based upon the requirements of your medical condition as set forth in the Medical Questionnaire, and you agree that you will not dispense, sell or in any way distribute the Products to any third parties. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by Blueclinic of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
If for any reason a court of competent jurisdiction finds any provision of the Agreement, or any portion thereof, to be unenforceable, that provision of the Agreement shall be maintained to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall be severable, valid, and in effect as if such unenforceable provision were not a part thereof.
Except for the obligation to pay monies, neither you or Blueclinic shall be liable in any manner for failure or delay in fulfilment of all or part of this Agreement directly or indirectly owing to any causes or circumstances beyond its reasonable control, including, but not limited to, Acts of God.
Paragraph headings are for assistance only and shall not be deemed to be part of this Agreement or construed as varying, modifying, or altering the terms or conditions thereof.
If you have questions about the content on the Website or with regard to the Services, please contact [email protected]
Finally, we would like to thank you for your trust in Blueclinic and remind you that we are always happy to answer any questions you may have about our website and services.
The Blueclinic team.