Patient Terms of Use of Healthera App and Services

Please read the following important terms and conditions (“Terms of Use”) before you use our App and Services. If you do not wish to be bound by these Terms of Use, you should (1) not download the App/delete the App from your Device and/or (2) not access or use the Services.

These Terms of Use set out:

your legal rights and responsibilities;

our legal rights and responsibilities; and

certain key information required by law.

In these Terms of Use, the following capitalised terms have the following meanings:

“App” means the mobile application developed by Healthera Limited;

“Device” means an Apple or Android mobile device;

“Vendor” means the pharmacy businesses providing Services, or selling products through the App;

“Professionals” has the meaning given to it in paragraph 1.2 below;

“Services” means the services described in paragraph 4 below and as further described in the App and any other services we may choose to offer from time to time;

“Third Party Platform Terms” means, as applicable, Apple’s Google Android’s or any other relevant third party’s terms and conditions and privacy policies relating to the downloading and use of the mobile application from the platform on which the App is located;

“we”, “us” or “our” means Healthera Limited; and

“you” or “your” means the user of the App and/or Services.

If you don’t understand any of these Terms of Use and want to talk to us about it, please contact us by:

email support@healthera.co.uk. E-mails will be responded to, eg, Monday to Friday: 9am to 6pm

Nothing in these Terms of Use affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06.

Do you need extra help?

If you would like these Terms of Use in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page and we will do our best to accommodate your needs.

Who are we?

We are registered in England and Wales under company number: 09609198

Our registered office is at: St John’s Innovation Centre, Cowley Road, Cambridge, England, CB4 0WS

Our VAT number is: 231 8438 15.

1. Important information

1.1. If you have a medical emergency, you should call your doctor or the emergency services immediately.

1.2. The App and Services are to be used only as a communication tool and are provided by us for you to connect with third party pharmacists and healthcare professionals (“Professionals”).

1.3. The Professionals are independent and are not employed by or affiliated with us. We do not prescribe, dispense, or refill prescriptions.

1.4. We cannot guarantee the availability or successful delivery of communications with the Professionals. We are not responsible for any loss, cost or charge you incur if communications are unavailable at any time. You are responsible for making contact with the Professionals by alternative means if the connection with the Professionals becomes unavailable.

1.5. Any output from the App does not constitute medical advice, diagnosis or treatment. You should always talk to a qualified medical professional about any medical conditions. Any decisions you take affecting your health should always be made in consultation with a qualified medical professional.

1.6. You acknowledge that the App is intended as a helpful backup reminder system that you can personalise for taking your medications. You should not and must not rely on the App as your primary tool for determining whether and when to take medication.

1.7. The enablement of the reminder system with respect to any drug or product is not a recommendation or endorsement by us for such drug or product.

1.8. The App will not function properly if your Device is broken or powered off, if the App software is not enabled, if any hardware or software on your Device prevents the App from operating as intended or lacks signal or data connectivity. The maintenance of your mobile and computing devices is your responsibility. You acknowledge that the App, and the utility of any of its alerts or notifications, depends on information that you input into the App.

1.9. You acknowledge that the App and Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App and Services meet your requirements.

1.10. We only supply the App and Services for domestic and private use. You agree not to use the App and Services for any commercial, business or resale purposes.

1.11. Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied that the content on our App is accurate, complete or up-to-date. You should not plan to do, or refrain from doing, anything in reliance upon the App content without first checking the accuracy of the relevant content by some other means.

1.12. Our App and Services are specifically designed for use in the United Kingdom and if you use them elsewhere you should check in that country or region that it is appropriate and lawful for you to do so. In order to comply with the Third Party Platform Terms, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

1.13. The App and Services are not suitable for use by persons under 13.

1.14. The App and Services are not suitable for use by persons between 13 and 17 unless their use is supervised by an adult.

1.15. The Superdrug Pharmacy App is not suitable for persons under the age of 16.

2. Introduction

2.1. When you create an account or use our App and/or Services you agree to be legally bound by these Terms of Use.

2.2. These Terms of Use are only available in English. No other languages will apply to these Terms of Use.

2.3. When using our App and/or Services you also agree to be legally bound by our:

2.3.1. Website terms and conditions;

2.3.2. Privacy Policy (https://healthera.co.uk/privacy/); and

2.3.3. Cookies Policy (https://healthera.co.uk/cookies/.

2.3.4. You acknowledge that these Terms of Use are an agreement between you and us only, and not with Apple or Google. We are solely responsible for the App and its content. Apple and Google do not have any responsibilities or obligations to you in relation to the App and will not provide any maintenance and support services for the App.

3. Your privacy and personal information

3.1. Our “Privacy Policy” is available at https://healthera.co.uk/privacy/.

3.2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

4. Services

4.1. The App is intended to:

4.1.1. enable you to securely chat with a Vendor , order repeat prescriptions & book services provided by the Vendor for yourself and any dependants; and

4.1.2. help to remind you to take your medicines and, when the time is right, remind you to reorder them.

4.1.3. subject to individual Vendor offerings, enable you to buy products sold by the Vendor and pay within the App. Once you have placed an order, delivery of your purchases will be arranged by the Vendor.

5. Your use of the app and services

5.1. You are responsible for checking all information provided to you by the App in accordance with the medical advice you have received.

5.2. In parts of the App you are able to interact with third parties. You must ensure that any such interaction by you will not:

5.2.1. breach any applicable law or regulation;

5.2.2. breach these Terms of Use; and/or

5.2.3. be perceived as inappropriate for the App, offensive or misleading.

5.3. We may remove any postings or other interaction at our entire discretion.

5.4. We have no obligation to monitor, censor or edit the content of any material transmitted or received by you. You are responsible for the content of any material you transmit.

5.5. You are responsible for obtaining and maintaining your Device and for ensuring that it is compatible with the App. We have no responsibility or liability with respect to your Device.

5.6. We may change the minimum specification required to access the App at any time. We give no guarantee that you will have access to the App on your Device (or continue to have access to the App). We shall not be liable to you if any such change in specification results in your Device becoming incompatible with the App or becoming unable to perform, within the App, all of the functions previously performed.

5.7. You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

5.8. You must (a) use the Application in compliance with all applicable laws; and (b) comply with applicable third party terms of agreement when using this Application (including your wireless data service agreement with your Mobile Provider and the Third Party Platform Terms).

5.9. You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

5.10. If you pay for your prescriptions and your linked Vendor offers in-app payment through Healthera, you will be charged through Healthera’s payment process platform Stripe and its terms of service will apply (https://stripe.com/gb/checkout/legal)

6. Pharmacy essentials orders

6.1. The full set of terms which will apply when you make purchases to Vendors through the App are found here (https://www.healthera.co.uk/order-purchase-terms)

6.2. A Vendor may offer sale of non-prescription products through the App which you may order (“Pharmacy Essentials Order” or “Order”). 

6.3. When you order from a Vendor through the App, it needs to be accepted by the Vendor before it is confirmed. The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else.

6.4. Your payment details are collected in-app and must be provided before an Order is placed. Payment is taken when the Order is accepted by the Vendor.

6.5. Our Vendors may offer medicines for sale through the App. These products are sold by our Vendors. Details of our Vendors’ registrations to sell medicines can be found in the Pharmacy tab under Shop. The sale of medicines in the EU is regulated by the Medicines and Healthcare Products Agency, whose contact details in the UK are: Address: MHRA 151 Buckingham Palace Road, London SW1W 9SZ Email: info@mhra.gsi.gov.uk Telephone: 020 3080 6000

6.6. Prices include VAT. The Vendor reserves the right to charge a fee for providing delivery and we reserve the right to charge a Service Charge which is included in the delivery charge that you are charged.

6.7. Delivery fulfilment is provided by the Vendor. Where a delivery date or time slot is selected or provided, the Vendor will use reasonable endeavours to deliver the Order within the time slot and you are obligated to receive the Order during the time. Time slots are provided by the Vendors and are only estimates. Neither we nor the Vendor guarantee that Orders will be delivered within the estimated times. The Vendor is not obligated to attempt re-delivery in case you cannot receive the Order.

6.8. The Vendor is entirely responsible for listing its own products from the catalogue provided by Healthera and setting its own prices, which may not be the same as its in-store price. All prices include VAT where appropriate and prices may change over time. 

6.9. You may request to cancel your Order within 14 days of the Order being delivered. The Vendor has full discretion on whether to accept your cancellation taking into clinical safety and the state of the item(s). You remain liable for any Delivery fees incurred.

6.10. In case the Vendor fails to deliver your Order or any of its items, the Vendor is obligated to offer a refund for the full amount of the missing item(s).

6.11. In case an incorrect, faulty, or expired Item is supplied, the Vendor will rectify the error at the earliest time possible by supplying the correct item or by offering a refund.

6.12. In case of a dispute, we may request for you to provide supporting information such as photos and messages before 

7. Accuracy of product information

7.1. We take care to ensure that all product information available from the Vendor’s product listings is accurate. However, these are continually developing and information may be out of date. Medical, commercial and legal practice change frequently and the content on this app, in any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For accurate up-to-date information you should contact us and/or your GP directly.

8. Disclaimers

8.1. Vendor actions and omissions:  The legal contract for the supply and purchase of products is between you and the Vendor that you place your Order with. We have no control over the actions or omissions of any Vendor. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the App:

8.1.1. We do not give any undertaking that the Products ordered from any Vendor through the App will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

8.1.2. Estimated times for deliveries and collections are provided by the Vendors and are only estimates. Neither we nor the Vendors guarantee that Orders will be delivered or will be available for collection within the estimated times.

8.1.3. We encourage all our Vendors to accept all Orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if a Vendor rejects your Order. However, we do not guarantee that Vendor will accept and fulfil all Orders, and Vendors have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. Vendors will not be obliged to deliver an Order to an address outside of their set delivery radius, which may change from time to time.

8.1.4. The foregoing disclaimers do not affect your statutory rights against any Vendor.

9. Permission to use the app

9.1. When you download the App you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to these Terms of Use.

9.2. The App:

9.2.1. is non-exclusive to you meaning we supply the App to other users;

9.2.2. may not be:

9.2.2.1. copied by you except for a reasonable number of necessary back-ups;

9.2.2.2. changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);

9.2.2.3. combined or merged with, or used in, any other computer program; and

9.2.2.4 distributed or sold by you to any third party; and

9.2.3. includes instructions on how to use it. Please read these carefully.

9.3. The licence we grant you is non-transferable and you must only use the App for your own personal use on a Device that you own or control and as permitted by applicable Third Party Platform Terms.

10. Intellectual property rights

10.1. Our App and Services and all rights in the App and Services, including rights in patents, copyright, database rights, trade secrets and trademarks belong to us and/or our third party licensors, are owned by or licensed to us.

10.2. In the event of any third party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, we, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

11. Limit on our responsibility to you

11.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:

11.1.1. losses that:

11.1.1.1. were not foreseeable to you and us when the contract was formed; or

11.1.1.2. that were not caused by any breach on our part;

11.1.2. business losses; and

11.1.3. losses to non-consumers.

11.2. We disclaim all representations and warranties, express, implied, or statutory, not expressly set out in these Terms of Use, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the App or Services or any services or products requested through the use of the Services, or that the App and Services will be uninterrupted or error-free. We do not guarantee the quality, suitability, safety or ability of third party providers including any Professionals.

11.3. Nothing in these Terms of Use affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06.

11.4. The App and Services are provided “as is” and “as available” meaning that we do not guarantee that the App, or any Services, will always be available or be uninterrupted. We will not be liable to you if for any reason our App is unavailable at any time or for any period. We do not guarantee the speed with which you will be able to access and use the App (as it will depend upon factors such as the Device you are using and the number of people using the App and Services) or that you will have uninterrupted or continuous access to the App.

11.5. Access to the App and Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App and Services without notice to you.

11.6. Except for any legal responsibility that we cannot exclude in law, you agree that the entire risk arising out of your use of the App and Services, and any service or good requested through the use of the App or Services, remains solely with you.

11.7. The App and Services may be used by you to request and schedule appointments, prescriptions, goods, or logistics services with third party providers, but you agree that we have no responsibility or liability to you related to any of these appointments, prescriptions, goods, or logistics services provided to you by third party providers.

11.8. The App may contain links to other independent third-party websites (“Third Party Sites”). Third Party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them.

11.9. To the fullest extent permitted by law, Apple and/or Google shall have no warranty obligation and/or liability to you in relation to the App or Services.

11.10. You acknowledge that Apple and/or Google are not responsible for addressing any claims by you or any third party relating to the App or Services or your possession and/or use of the App and/or Services, including but not limited to: (a) product liability claims; (b) any claim the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.

12. Disputes

12.1. We will try to resolve any disputes with you quickly and efficiently.

12.2. If you are unhappy with the App and/or Services please contact us as soon as possible.

12.3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

12.3.1. let you know that we cannot settle the dispute with you; and

12.3.2. give you certain information if required by law about any alternative dispute resolution provider.

13. Third party rights

13.1. Except as set out below, no one other than a party to these Terms of Use has any right to enforce any term of these Terms of Use.

13.2. You acknowledge and agree that Apple and Google, and their respective subsidiaries, are third party beneficiaries of these Terms of Use, and that Apple and Google will have the right (and you accept the right) to enforce these Terms of Use against you.

14. End of the contract

14.1. For a period of 14 days after you have agreed to these Terms of Use, you have the right to cancel your contract with us. You can do this by contacting us on the details above or through any in-app support channel offered. You should also delete the App from your Device. If you do not cancel you can still end your contract with us at any time without prior notice by following the above instructions.

14.2. Your right to use the App and Services will terminate immediately if you violate any provision of these Terms of Use.

15. Updates to these terms of use

16.1. If any part of these Terms of Use becomes invalid, illegal or unenforceable, this will not affect the validity of the remaining Terms of Use.

16.2. If we allow you some extra time to meet your obligations under these Terms of Use or do not use some of our rights, this does not waive our rights and does not mean that we will do so again.

16.3. We can transfer all or some of our rights under these Terms of Use to someone else. You cannot transfer any of your rights and obligations under these Terms of Use to anyone else.

16.4. If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to these Terms of Use.

16.5. The laws of England and Wales will apply to these Terms of Use Important information

Terms relating to purchasing Pharmacy Essentials from a Vendor