Terms & Conditions
Last Updated: 24.6.2025
PART 1 – GENERAL TERMS OF USE
1. INFORMATION ABOUT US
1.1. These terms and conditions of use (the “Terms”) govern your use of our online platform, www.happen.co.uk (the “Site”), which is owned, operated and controlled by The Family Health Group Limited, as well as the Services that are made available to service users via the Site.
1.2. We are The Family Health Group Limited, a company registered in England and Wales with company number 14982976 and its registered office address at St Peters House, Suite 1, Silverwell Street, Bolton BL1 1PP (“we” or “us”). We are responsible for operating the Site and for facilitating your access to the Providers, the Services and the Products which are made available to you via the Site.
1.3 We work with various registered healthcare professionals (the “Providers”), who are responsible for the provision of remote healthcare services (including issuing private prescriptions for Products) and the supply pharmacy services (including dispensing, supplying and despatching Products against private prescriptions, and secure messaging between them and service users.
2. DEFINITIONS AND INTERPRETATION
2.1. “Products” means the prescription only (POM) and over the counter (OTC) weight loss medicinal products, which are made available via the Site.
2.2 “Provider” or “Providers” means:
the following entity with which we engage that provides, or procures the provision of, healthcare Services via the Site:
o Blueco Healthcare Limited, a company registered in England and Wales with company number 15588416 and its registered office at 464 Ranglet Road, Walton Summit Centre, Bamber Bridge, Preston PR5 8AR (the “Healthcare Provider”), which is registered with and regulated by the Care Quality Commission (CQC).
Important - Additional terms and conditions which relate to the healthcare Services which are provided by the Healthcare Provider can be found at Part 2 of these Terms; and
the following registered pharmacy, which provides the pharmacy Services and is responsible for the supply and dispatch the Products that you obtain via the Site:
MDS Healthcare Limited t/a Pharmalogic, a company registered in England and Wales with company number 08078964 and with its registered office at 464 Ranglet Road, Walton Summit Centre, Preston PR5 8AR (the “Pharmacy Provider”), which operates a registered pharmacy which is regulated by the General Pharmaceutical Council (GPhC) with registration number 9010938.
Important - Additional terms and conditions which relate to the pharmacy Services which are provided by the Pharmacy Provider can be found at Part 3 of these Terms. A permanent record of the identity, contact and registration details of each Provider that provides its clinical Services to you via the Site will be made in your Happen Patient Portal (as defined below) and you can access this information for future reference.
2.3 “Services” means:
the regulated healthcare and pharmacy (together “clinical”) services, which are provided by the Pharmacy Provider and the Healthcare Provider via the Site; and
the non-regulated platform, introduction and support (together “non-clinical”) services, which are provided by us, by which you access and use the Site when you obtain clinical services,
(each a “Service” and together the “Services”).
2.4 “You” and “Your” means you, your dependents if any, and any other person who accesses your patient portal for accessing the Site (the “Happen Patient Portal”).
2.5 The words “includes”, and “including” are deemed to be followed by the words “without limitation”; the word “or” is not exclusive; and the words “herein”, “hereof”, “hereby”, and “hereunder” refer to these Terms as a whole.
3. ACCESSING THE SITE
3.1. Please read Parts 1 to 3 of these Terms carefully and make sure that you understand them. If you wish to access the Products or Services which are made available via the Site, you will be asked to agree to these Terms. If you do not accept these Terms, you will not be allowed to access the Products or Services which are made available via the Site.
3.2. If you wish to access the clinical Services via the Site, you must also read and agree to the additional Provider terms and conditions, which are referred to above and which are incorporated at Parts 2 and 3 of these Terms. In making the Products and clinical Services available to you via the Site, you acknowledge that we are acting as agent for and on behalf of the Pharmacy Provider and the Healthcare Provider.
3.3. By clicking “accept”, you acknowledge that you have read, understand, and accept all the terms and conditions that are contained within these Terms (including Part 1 and, where relevant, Parts 2 and 3) and our Privacy Policy.
3.4. The Products and Services that are made available via the Site are intended to be accessed by service users who are domiciled in England, Wales, Scotland or Northern Ireland. It is your responsibility to verify whether it is legal for you to access the Products and Services from the home nation where you are domiciled.
3.5. In order to access the Site, you represent and warrant that you are at least 18 years old and that you have the capacity to enter into a binding agreement which creates legal obligations in accordance with the laws of your home nation. If you are under the age of 18, please do not attempt to register with the Site or provide any personal information about yourself to us.
3.6. Notwithstanding clause 3.5, if we become aware that we have collected personal information from someone who is under the age of 18, we will promptly delete that information.
3.7. If you believe that we have collected personal information from someone who is under the age of 18, please Contact Us.
4. SERVICES
4.1 Services provided
We offer an online communication platform for Providers and service users to connect with each other via the Site through the use of synchronous and asynchronous telecommunications technologies, video and other communication tools. The Site facilitates communication between Providers and service users to enable the provision of the Services and the Products by the Providers to the service users.
Each Provider accesses the Site as a way to communicate with you. Any clinical advice which you receive from a Provider via a clinical Service is provided by such Provider, and not by us.
You acknowledge that your reliance on any clinical advice or information which is provided by a Provider via the Site and a Service is solely at your own risk and, to the fullest extent allowable by law, you assume responsibility for all associated risks.
We will only grant you access to the Services once we have satisfactorily completed our ID verification processes.
You should always seek the advice of a qualified healthcare professional (which in most cases should be your GP or pharmacist) with any questions or concerns you may have regarding your individual medical needs and any medical conditions. All information which we provide on or via the Site, or in connection with any communications supported by us, is intended to be for general information purposes only. Your interactions with the Providers via the Site are not intended to replace your relationship with your regular qualified healthcare professionals (such as your GP or pharmacist).
4.2 No Healthcare or Pharmacy (Clinical) Services or Advice is provided by us
We, as the operator of the Site, do not provide healthcare or pharmacy advice or care.
The content on the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute clinical advice, diagnosis, treatment or recommendations of any kind by us.
The Providers are healthcare professionals who are registered within the scope of their competencies. The Providers are solely responsible for the quality and appropriateness of the clinical care and advice that they provide to you (and subject to Parts 2 and 3 of these Terms).
We do not recommend or endorse any specific Providers, tests, doctors, pharmacies, medicinal products or procedures.
We do not provide any legal advice or representations in any way regarding any legal issues associated with any advice, information, Products or Services which are offered by a Provider, including but not limited to any compliance obligations or steps which are necessary to comply with any regulations.
We do not make any representations or warranties about the training or skill of any Provider who provides Services and/or Products via the Site.
4.3 The Services are not for Emergencies
The Services that are accessible via the Site are not suitable for emergency medical treatment. IF YOU EXPERIENCE A MEDICAL EMERGENCY, YOU SHOULD CALL 999 IMMEDIATELY OR VISIT THE ACCIDENT AND EMERGENCY DEPARTMENT OF YOUR NEAREST HOSPITAL.
You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed.
You should continue to consult with your regular qualified healthcare professional (such as your GP or pharmacist) and other healthcare professionals, as recommended by them or a Provider.
Always seek the advice of a qualified healthcare professional (such as your GP or pharmacist) concerning questions you have regarding a medical condition and before stopping, starting or modifying any treatment.
4.4 Risks of Remote Healthcare Services
By using the Services, you acknowledge the potential risks associated with remote healthcare services, which include but are not limited to the following:
information which is transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate clinical decision making by the Provider;
delays in evaluation or treatment could occur due to failures of electronic equipment;
any full or partial failure to access your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; and
although the electronic systems that we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
4.5 Prescription Policy
We do not:
endorse any specific Product; and
guarantee that a prescription will be issued to you. You acknowledge that Providers may instead recommend other treatments for you or otherwise refer you back to your own GP.
You acknowledge and agree that:
if a Provider prescribes a Product, he/she will limit its supply based upon relevant regulations and will only prescribe a Product as determined in his/her own clinical discretion and professional judgement;
a Provider reserves the right to deny you access to the Services and the Products if they consider in their sole professional discretion that there is actual or may be a potential misuse of the Services or the Products;
all decisions about treatment are both for the Provider and service user to consider together during the consultation but ultimately, the Provider will have sole discretion whether or not to issue a prescription for a Product;
any prescription that you acquire from a Provider will be solely for your personal use; and
you will fully and carefully read all Product information and labels provided and to contact a prescriber, pharmacist or your GP if you have any questions regarding the prescription.
5. AVAILABILITY OF THE SITE AND THE SERVICES
The Site and the Services are only available for service users who are domiciled in the UK.
Accessing the Site or Services from jurisdictions where the Site content is illegal, or where we do not offer the Services, is prohibited.
6. PRIVACY AND CONSENT
You acknowledge and agree that:
information which you provide in connection with the Services, the Products and the Site shall be governed by our Privacy Policy, which is hereby incorporated and made a part of these Terms by reference; and
in order to access the Products and Services, you will need to give your consent in order to allow Providers to:
access your NHS summary care records; and
proactively share all relevant information about your prescription with other healthcare professionals who are involved in your care (for example, your GP).
7. PURCHASING SERVICES
7.1 Subscription Terms
If you purchase a subscription in relation to the Services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you pause your subscription before the end of the then-current subscription period by clicking one of the “pause” options in your Happen Patient Portal.
The price for your Service subscription may change from time to time in price to reflect changes in market conditions. Any change in price will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree to a price change, you have the right to reject the change by unsubscribing prior to the price change taking effect.
7.2 Typographical Errors and Incorrect Pricing
In the event any price which is listed on the Site is incorrect due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any Service request which is listed at that incorrect price. We shall have the right to refuse or cancel any such request whether or not such request has been confirmed and your Happen Patient Portal has been charged. If your Happen Patient Portal has already been charged for the purchase and your Service request is cancelled, we will promptly issue a credit to your Happen Patient Portal for the amount of the charge.
7.3 Online Payments
When you purchase Services and Products via the Site, the total price you pay shall comprise the following:
the price payable for the healthcare Service, as provided by the Healthcare Provider (see clause 2.2.1 above, and as notified to you at the time of purchase) and subject to Parts 1 and 2 of these Terms, and we shall collect such fees as agent for and on behalf of Healthcare Provider;
the price payable for the pharmacy Service and the supply and delivery of the Product, as provided by the Pharmacy Provider (see clause 2.2.2 above, and as notified to you at the time of purchase) and subject to Parts 1 and 3 of these Terms, and we shall collect such fees as agent for and on behalf of Pharmacy Provider;
the price payable for you to use and access the Site and its features via your Happen Patient Portal, as provided by us and subject to Part 1 of these Terms; and
any applicable taxes.
We accept any payment method or system that is authorised within the UK, including debit and credit cards, and on third-party platforms, including but not limited to Apple Pay and Google Pay. If a debit or credit card account is used for a transaction, we may obtain pre-authorisation for an amount up to the amount of the payment. If you enrol to make recurring payments automatically, all charges and fees will be billed to your Happen Patient Portal. If you want to designate a different payment method or if there is a change affecting your payment method or system (e.g. if you want to change your credit or debit card), you must change such information on your Happen Patient Portal. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that, if you are making online payments:
any payment account information that you supply is true, correct, and complete;
you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes; and
you are the person in whose name the payment method was issued and you are authorised to make a purchase or other transaction with the relevant payment method.
You will be given the option to add several payment methods to your Happen Patient Portal as payment options, with one of them as your default option. If payment from your default option is not authorised or fails, we will automatically attempt to take payment from one of the other payment methods that you have registered with your Happen Patient Portal.
7.4 Consent for Recurring Charges
You agree and authorise the payment method to be billed automatically for the Services, according to the published pricing on the Happen Patient Portal, which is subject to change at any time. If we are unable to secure funds from your nominated payment method for any reason, including, but not limited to, insufficient funds in the payment account or insufficient or inaccurate information having been provided by you when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law.
You have the right to revoke this authorisation by logging into your Happen Patient Portal and pausing your Services subscription prior to your next scheduled renewal.
7.5 Right of Withdrawal / Cancellation / Refunds
Products which are issued pursuant to a prescription generally cannot be returned, exchanged or refunded. However, you have the right to reasonably inspect your Products but you cannot return Products that you have used, unless you are returning them because they are damaged or faulty.
You can cancel a Service with immediate effect at any time by giving us written notice if:
we breach these Terms in a material way and we have failed to remedy the breach not less than 14 (fourteen) days from the day upon which you notified us in writing of such breach;
our performance under these Terms is affected by an "Event Outside Our Control" under clause 14;
we enter liquidation or upon the appointment of a receiver or administrator over our assets; or
at any time up to the commencement of such Service.
You will not be entitled to a refund arising from:
the unavailability of any Provider where the Site is functioning and an alternative Provider is available;
a temporary interruption in the Service; or
any interruption in the Service through no fault of ours.
By accepting these Terms, you agree that Providers may differ in their clinical opinions and, provided that any consultation and/or a remote clinical assessment is undertaken in good faith by a Provider, you will not be entitled to any refund in respect of any Service provided.
You will not be entitled to receive any refund in relation to any Service where the provision of such Service is restricted because of:
your absence;
insufficient or variable network connectivity;
a negligent act or omission by you; or
through no fault of ours.
7.6 Delivery of the Products
All Products will be dispatched to you directly by the pharmaceutical Service Provider (see clause 2.2.2 above, as notified to you at the time of purchase, and Part 3 of these Terms).
8. ELIGIBILITY, SITE ACCESS, SECURITY AND RESTRICTIONS
You agree to fully, accurately and truthfully create your Happen Patient Portal, including but not limited to your name, postal address, phone number, email address, and password, which will become your Happen Patient Portal ID, including if someone else, such as a carer, provides this information on your behalf. Once established, the Happen Patient Portal ID is personal to you, and you are solely responsible for maintaining the confidentiality of your Happen Patient Portal ID, and for all activities that occur under such Happen Patient Portal ID. You agree to prohibit anyone else from using your Happen Patient Portal ID and agree to immediately notify us of any actual or suspected unauthorised use of your Happen Patient Portal ID or other security concerns of which you become aware.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
accessing data which is not intended for you or logging on to a server or an account which you are not authorised to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or
accessing or using the Site or any portion thereof without authorisation, in violation of these Terms or applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures that we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, and to revoke your access to the Site and your Happen Patient Portal if in our reasonable opinion you have failed to comply with any of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly Contact Us.
9. ELECTRONIC COMMUNICATIONS
When you use the Site, receive Services or send emails, messages and other communications from your desktop or mobile device to us, you are communicating with us electronically.
You consent to receive communications from us electronically.
You agree that:
all agreements and consents can be signed electronically; and
all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
We and the Providers may contact you by telephone, mail or email to verify your Happen Patient Portal information. We and the Providers may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Happen Patient Portal. If you do not provide this information in the manner requested within 14 (fourteen) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the requested information to us.
10. CONSENT TO RECEIVE CALLS, TEXT MESSAGES AND VIDEO RECORDING
By providing your mobile number, you agree to be contacted by or on behalf of us at the mobile number you have provided, including calls and text messages, to receive certain information and communications relating to Products, Services or the Site (e.g. progress tracking, reminders etc.). We may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the Service that most recently sent you a message or respond to your STOP message by texting you a request to identify those Services that you wish to stop. Please note that, by withdrawing your consent, some Site features and certain Services may no longer be available to you. If you stop receiving text messages from us, you may not receive important and helpful information and reminders about certain Services.
You acknowledge that in order for you to access the Services and Products, where appropriate and necessary, you will need to give your consent to allow us to record audio and video consultations with a Provider.
11. OWNERSHIP OF THE SITE AND RELATED MATERIALS, ADDITIONAL RESTRICTIONS
All pages within the Site and any material that is made available for download are our property or our licensors or suppliers, as applicable. The Site is protected by applicable national and international copyright and trade mark laws.
Subject to these Terms and the payment of all applicable fees, we grant you a revocable, non-transferable (except as provided below), personal, non-exclusive licence to use the object code version of the Site.
All rights that are not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers.
Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilise framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of ours without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trade marks without our express written consent.
You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials that are accessed through or made available for use or download through the Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorised or approved in writing by us. You may not frame or utilise framing techniques to enclose, or deep linking to, any name, trade marks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of ours without our express written consent.
12. ACCURACY OF INFORMATION & FUNCTIONALITY
Although we attempt to ensure the integrity and accurateness of the Site and Service descriptions, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorised additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.
Information contained on the Site may be changed or updated without notice.
Additionally, we shall have no responsibility or liability for information or content that is posted to the Site from any third party that is not affiliated to us.
We reserve complete and sole discretion with respect to the operation of the Site and the availability of the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services.
We are not responsible for transmission errors, corruption or compromise of information which is carried over local or interchange telecommunications carriers.
We are not responsible for maintaining information arising from use of the Site or your receipt of the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or relating to your receipt of the Services in accordance with our internal record retention or destruction policies.
All Products remain at all times subject to availability, as determined by the pharmaceutical Service Provider (see clause 2.2.2 above). If the Product that has been prescribed for you is unavailable, we will notify you as soon as possible and we will, if necessary, refund your payment promptly.
13. LINKS TO OTHER SITES
Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed these third party websites and do not control and are not responsible for these websites, their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites that are linked to the Site, you do so entirely at your own risk.
You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Site in any website that is not owned by you.
You must not frame the Site on any other website, nor create a link to any part of the Site other than the home page.
We reserve the right to withdraw linking permission without notice.
14. USER INFORMATION
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or the Site (the “User Information”), you agree not to provide any User Information that:
is false, inaccurate, defamatory, abusive, libellous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behaviour;
violates or infringes the privacy, copyright, trade marks, trade secrets, or intellectual property rights of any person or entity; or
contains or transmits a virus or any other harmful component.
You shall not contact other Site users through unsolicited email, telephone calls, mailings, or any other method of communication.
You represent and warrant to us and the Providers that you have the legal right and authorisation to provide all User Information to us and the Providers for use, as set forth herein and required by us and the relevant Provider.
You agree that information which is provided by you in connection with the Services and Site shall be governed by our Privacy Policy.
You agree not to:
access the Site or use the Services in any unlawful way or for any unlawful purpose;
post or transmit: (i) a message under a false name; or (ii) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is: (i) libellous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person; or (ii) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or information or facilitate or promote hacking or similar conduct;
impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services;
use robots or scripts with the Site;
attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Site;
have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting;
incorrectly identify the sender of any message transmitted to us;
alter the attribution or origin of electronic mail, messages, or posting;
harvest or collect personal health information about any other individual who uses the Site or accesses the Services; or
infringe or facilitate infringement on any copyright, patent, trade mark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
IMPORTANT: If you provide false, inaccurate or misleading information at any time when using the Site, then a prescription may be issued or a Product or Service may be provided which is based on such information, and which could have severe and potentially life-threatening consequences. By using the Site and consenting to these Terms, you agree not to provide false, inaccurate or misleading information at any time. To do so would be a breach of these Terms.
You agree to indemnify, defend and hold harmless us and the Providers from and against all third party claims, damages, and expenses (including, but not limited to, reasonable legal fees) against or incurred by us arising out of any User Information that you upload to or transmit through the Site or any breach of this clause.
15. CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and expect service users of the Site to do the same.
We disclaim any responsibility or liability for copyrighted materials which is posted on the Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
We will respond promptly to notices of alleged copyright infringement that are reported to us.
If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report any alleged copyright infringements taking place on or through the Site by sending us a notice (a “Copyright Notice”), which complies with the following requirements:
identify the copyrighted works that you claim have been infringed;
identify the material or link that you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the site where such material may be found;
provide your mailing address, telephone number, and, if available, email address;
include both of the following statements in the body of the Copyright Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law.”
“I hereby state that the information in this Copyright Notice is accurate and, under the relevant legal penalties, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”;
provide your full legal name and your electronic or physical signature; and
deliver this Copyright Notice, with all items completed, to us at: Contact Us.
16. INTELLECTUAL PROPERTY
With the exception of your electronic medical record, we retain all right, title, and interest in and to the Site, the Services and any information, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trade mark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site, which is licensed to us (in that case, the licence provider retains all right, title, and interest therein).
The information that is available via the Site is our property. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone.
Use, reproduction, copying, or redistribution of our trade marks, service marks, and/or logos are strictly prohibited without our prior written permission. The immediately foregoing sentence also applies to any third party trade marks, service marks, and logos that are posted on the Site.
Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any licence or right to use any trade mark, service mark, or logo that is displayed on the Site without the written grant thereof by us, or the third party owner of such trade mark, service mark, or logo. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
We may delete any information that you provide to us, which we consider in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any copyright, trade mark or other intellectual property or ownership right of any other person or entity.
17. DISCLAIMER OF WARRANTIES
We do not warrant that access to or use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
The Site, including any content or information contained within it or any site-related service, is provided “as is”, with no representation or warranty of any kind, either express or implied.
You assume total responsibility and risk for your use of the Site, site-related services, and linked websites. You are responsible for implementing procedures that are sufficient to satisfy your needs for data backup and security.
Warranties relating to Products or Services which are offered, sold, and distributed via the Site are subject to separate warranty terms and conditions, if any, provided by us or third parties (including the relevant Providers) with or in connection with the applicable Products or Services (see Parts 2 and 3 of these Terms).
We do not guarantee that, through your receipt of the Services, any prescriptions will be written for you. You acknowledge and understand that the use or misuse of the Products that are obtained via the Site may result in undesirable or unexpected consequences.
18. LIMITATION OF LIABILITY REGARDING USE OF SITE
IMPORTANT - YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
Except as provided by law, and without limitation:
we do not accept any liability for the consequences arising from the application, use, or misuse of any Products or Services which are made available via the Site, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the Products; and
we shall not be liable for the acts or omissions of the Providers, including any wholesaler supply issues, or delays or failure by a Provider to supply any Service or Product.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
loss or damage caused by you providing inaccurate or incomplete information;
loss of your emotional well-being including, but not limited to, any embarrassment caused;
loss of income or anticipated profits;
loss of opportunity;
loss of goodwill or injury to reputation;
losses suffered by third parties; or
any indirect, consequential, special or exemplary damages arising from the use of the Site or receipt of a Service or a Product regardless of the form of action.
We will not be liable for any loss or damage (in contract, negligence or otherwise) where:
there is no breach of a legal duty of care owed to you by us;
the loss or damage is not a reasonably foreseeable result of any such breach; or
any loss or damage or increased risk of loss or damage results from a breach by you of these Terms.
Subject to clauses 18.2 to 18.4, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of the Products or Services shall be limited to the amount paid by you in respect of such Product and/or Service.
We will take all appropriate technical and organisational measures against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and our obligations under law as a data controller, we shall not be responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise.
We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the Site or any notifications sent by us to you will be free of viruses or other harmful components.
Products and Services are only offered via the Site for your own personal, domestic and private use. You agree not to supply the Products to any other person or to use the Products or Services for any commercial, business or re-sale purpose, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you use such Products or Services otherwise than in accordance with these Terms.
We are not liable for loss or damage, which arises from your failure to inform your regular qualified healthcare professional about any Products or Services which you access via the Site.
19. NO THIRD-PARTY RIGHTS
Unless expressly stated in the Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, us and our affiliates. Nothing in the Terms is intended to relieve or discharge the obligation or liability of any third persons to you, us or Providers.
20. ASSIGNMENT
You may not assign, transfer, or delegate the Terms or any part thereof without our prior written consent. We may freely transfer, assign, or delegate all or any part of the Terms, and any rights or duties hereunder.
21. EVENTS OUTSIDE OF OUR CONTROL
We will not be deemed to be in breach of these Terms or our Privacy Policy liable for any breach of these Terms or due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
22. TERMINATION
We reserve the right to refuse to provide to you access to all or part of the Site or to terminate your access to all or part of the Site if your behaviour gives us a valid reason to do so. This will in particular be the case if you violate applicable laws or contractual provisions.
Notwithstanding any such limitation or termination, you will continue to have access to the Products and Services that you have purchased until that time.
23. INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and any of our affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and legal fees of any kind whatsoever arising directly or indirectly out of or in connection with:
- 23.1.1your use or misuse of the Site, Products, Services or any information posted on the Site;
- 23.1.2your breach of these Terms or our Privacy Policy;
- 23.1.3the content or subject matter of any information you provide to us, or any Provider or customer service agent; or
- 23.1.4any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
24. REVISIONS OF THE TERMS
24.1 In our sole discretion, we reserve the right to modify these Terms at any time, effective upon posting on the Site. You should therefore periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. You therefore agree to review the Terms each time you access the Site so that you may be aware of any changes to these Terms. The date of these Terms was last revised is identified at the top of these Terms.
24.2 Any use of the Site after such changes will be deemed your acceptance of the same.
24.3 If you do not agree with the up-to-date Terms, you must delete your Happen Patient Portal.
25. RIGHT TO BE FORGOTTEN
25.1 Upon deletion of your Happen Patient Portal, we will erase any and all information that we hold about you.
25.2 However, Providers are bound by law to keep a copy of your medical record for a certain duration and therefore so are we.
26. GENERAL
26.1 In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
26.2 These Terms constitute the entire agreement between us regarding the subject matter hereof.
26.3 Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Site.
26.4 Copyright / Trade Mark Information . Copyright © The Family Health Group Limited. All rights reserved. All trade marks, logos, and service marks (the “Marks”) that are displayed on the Site are our property or the property of other third parties. You are not permitted to use the Marks without our prior written consent or the consent of such third party, which may own the Marks.
27. DISPUTE RESOLUTION
27.1 The courts of England and Wales will have non-exclusive jurisdiction concerning all disputes or claims arising out of or relating in any way to these Terms or your use of the Site, including without limitation the Services, between you and us.
27.2 We will try to work in good faith to resolve any issue you have with the Site, including without limitation the Products and Services purchased via the Site, if you Contact Us.
27.3 However, we realise that there may be rare cases where we may not be able to resolve an issue to your satisfaction. We and you will try to reach an agreement to resolve the claim within 30 (thirty) days after the notice is received.
28. GOVERNING LAW
28.1 These Terms shall be interpreted and construed under the laws of England and Wales.
28.2 As a consumer, you have consumer rights protecting you under applicable mandatory provisions of the law in your applicable home nation.
29. COMPLAINTS AND HOW TO CONTACT US
29.1 If you wish to make a complaint about the Site, please contact us.
29.2 If you wish to make a complaint about the healthcare Services or the pharmacy Services, please contact us in the first instance and we will direct you, as applicable, to the Healthcare Provider or the Pharmacy Provider.
29.3 If, for any reason, you need to contact us, the easiest way is to contact us directly by:
email at [email protected] (for help and assistance and complaints); or
telephone on 0333 004 0020 on Monday to Friday between 0930 and 1830.
29.4 To help us to identify you, please include your Happen Patient Portal details.
29.5 Where reference is made in these Terms to communication being made in writing, this shall be taken to include communication made by us by way of onscreen message, notification, prompt field or other communication or information provided to you via the Site, or by email using an email address, which you have provided to us for communication with you. The provisions of this clause shall not apply to the requirements of service of any documents in legal proceedings.
PART 2 – ADDITIONAL TERMS AND CONDITIONS OF THE HEALTHCARE PROVIDER IN RESPECT OF THE PROVISION OF HEALTHCARE SERVICES
1. In order for the Healthcare Provider’s prescribers to authorise, prescribe any Product for your use, it is necessary that you read, understand and agree to the Terms in this Part 2.
2. You understand that, following your consultation with a prescriber, it is not guaranteed that you will be prescribed a Product.
3. You understand that while a prescriber may issue you with a prescription for a Product, prescriptions are fulfilled by a third party pharmacy (see Part 3 of these Terms).
4. You agree that you will not use more than the specified dosage authorised by a prescriber.
5. You agree to disclose to the prescriber all medicinal products that you are currently taking. You agree to be honest, transparent and thorough with regards to your medical history and to provide all relevant information to the prescriber.
6. You agree to be transparent and notify the prescriber if you experience any medical side effects arising after taking any Product. You accept full responsibility for all risks associated with the use of the Product. You are aware that a prescriber may discontinue prescribing any Product for your condition if you experience any medical side effect.
7. Alongside agreeing to report side effects from any Product, you also agree to complete questionnaires relating to your symptom control and general well-being as prompted by us. Failing that, you shall inform the prescriber of any of the above.
8. You understand that there is a possibility that you may be allergic to a Product. You agree that you will seek immediate medical attention if you show signs of an allergic reaction.
9. You are aware that the use of the Products may not be advisable during pregnancy and breastfeeding. You agree to inform the prescriber if you are pregnant or breastfeeding or intending to or attempting to become pregnant.
10. You agree that the Healthcare Provider has the right to contact your regular pharmacy to obtain a dispensing history of any Product that has been dispensed to you. You will be liable for the payment of any associated costs charged by your pharmacy.
11. You understand that the Healthcare Provider does not operate an out of hours emergency clinical or administrative service. You will contact NHS 111 for advice or present to A&E in an emergency.
12. You understand that your treatment plan may be subject to change and that you may be required to sign an updated form the next time you contact a prescriber.
13. You agree for the Healthcare Provider to send information regarding your treatment to your GP and referring medical practitioner (if applicable).
14. You accept that the Healthcare Provider will send information to you, your GP and referring medical practitioner (if applicable) via standard email.
PART 3 – ADDITIONAL TERMS AND CONDITIONS OF THE PHARMACY PROVIDER IN RESPECT OF THE PROVISION OF PHARMACY SERVICES AND PRODUCTS
1. THESE TERMS
What these Terms cover. These are the terms and conditions on which pharmaceutical Services and Products are provided to you. Please read these Terms carefully before you agree to have your prescription dispensed. The Terms in Part 3 tell you how Products will be provided to you, what to do if there is a problem and other important information.
2. THE ORDERING PROCESS
2.1 How the Pharmacy Provider will accept your prescription. The Pharmacy Provider’s acceptance of your prescription will take place when you are notified by email or SMS and you have paid for it in accordance with Part 1 of these Terms.
2.2 If the Pharmacy Provider cannot accept your prescription. If the Pharmacy Provider is unable to accept your prescription, you will be notified by email or SMS. This might be because the Product is out of stock, because of unexpected delays or problems with third party suppliers which the Pharmacy Provider could not reasonably plan for or because it has identified an error in the prescription. In such instances, the Pharmacy Provider will return your prescription to you and will arrange for a refund of the amount that you have paid for such Product.
2.3 Prescription Validity. Due to the nature of weight loss treatments, all prescriptions must be dispensed within one month from the date of issue. The Pharmacy Provider cannot take orders for a prescription that is no longer valid.
3. PAYMENT & CHARGES
3.1 The Pharmacy Provider dispenses Products for patients based on your individual prescriptions. Therefore, you must pay for your Product before it is dispensed and an order cannot be cancelled once it has been paid for. Only once you have paid for your prescription will a contract come into existence between you and the Pharmacy Provider (in respect of the fulfilment of such prescription) and until such time as: (i) the Pharmacy Provider has received your prescription; and (ii) you have paid for that prescription, the Pharmacy Provider will not have any liability to you and it will be your responsibility to contact the Pharmacy Provider within 30 (thirty) days regarding any pharmaceutical Service request that you have placed through the Site if there is any delay.
3.2 Charges. The total amount of charges which are payable by you, including the provision of the pharmaceutical Service, the supply of the Product pursuant to a prescription, postage and packaging, will be notified to you via the Site.
4. DELIVERY OF MEDICATION
4.1 Dispatch. The Pharmacy Provider dispenses prescriptions which have been issued by registered prescribers via the Site. Once dispensed, Products will be posted to you using only the patient address which you have provided to the Site during the registration process.
4.2 Delivery times. Upon receipt of your prescription, the Pharmacy Provider will endeavour to confirm the delivery time. This will depend on the Product that has been prescribed for you. If the Pharmacy Provider is unable to confirm that it can dispense your prescription, it will do so as soon as reasonably possible thereafter.
4.3 Courier Delivery. Delivery of your Product will be via trackable courier. Once the Product has been delivered, the Pharmacy Provider’s responsibility for the delivery ends. In the event that the packaging is opened after delivery, the Pharmacy Provider will have no liability to you for lost items or damage to Products after delivery. Due to the nature of the Products being dispensed by us, the Pharmacy Provider does not accept liability for the loss or failed delivery of a parcel if the delivery address or method is changed by you prior to delivery. The Pharmacy Provider strongly recommends that you do not change the delivery options after it has confirmed a delivery date.
4.4 If you are not at home when your order is delivered. If no one is available at the nominated address to take delivery, the Products cannot be posted through your letterbox. The Pharmacy Provider will leave you a note informing you of how to rearrange delivery of the Products.
4.5 If you do not re-arrange delivery. If you miss your delivery, it is your responsibility to re-arrange the delivery with the courier directly. Failure to do so will result in your Product being returned to the Pharmacy Provider, who will then contact you to rearrange the delivery. If you no longer want your Product once it is returned to the Pharmacy Provider, the Pharmacy Provider may end the contract and you will still be charged for your Product.
5. PROBLEMS WITH YOUR PRODUCT
5.1 In accordance with applicable consumer law, the Pharmacy Provider will generally not offer refunds on Products that have been dispensed on prescription. Once a Product has been dispensed, it cannot be reused and must be disposed of.
5.2 If you find your Product to be unsuitable, this must be discussed with the prescriber. In the first instance therefore, you will immediately contact the Site and you will be promptly directed to the relevant prescriber.
5.3 Please carefully check the Products that have been dispensed to you promptly upon receipt. If you believe there may have been a dispensing error, you should contact the Site and you will be promptly directed to the Pharmacy Provider. You should not take or use any of the items before you have discussed the matter with the Pharmacy Provider.
5.4 Where an error has been made by the Pharmacy Provider in dispensing your Product, the Pharmacy Provider will rectify the error as soon as reasonably practicable, including where applicable providing you with a replacement Product and will arrange for collection of the previously dispensed Product, so it can be safely disposed of.
6. PERSONAL INFORMATION
6.1 All personal information which is provided to the Pharmacy Provider either by you, or physicians or other healthcare providers is kept confidential and will only be used to provide you with pharmacy Services or as otherwise agreed with you.
6.2 All your personal information will be held in accordance with relevant data protection legislation. For more information about how your personal information will be used and how you can exercise your rights in relation to such information, please read the Site’s Privacy Policy.
7. COMPLAINTS
All service users of the Site are entitled to make a complaint if they are not satisfied with the pharmacy Services they have received from the Pharmacy Provider. All complaints will be investigated thoroughly. In the first instance, please send details of your complaint to [email protected] and your complaint will be promptly directed to the Pharmacy Provider.