1.1. These terms and conditions (together with the documents referred to
in it) (collectively, these “Terms”) set out the basis on which you may
make use of the website
https://ableapp.com (our “Site”),
whether as a guest or a registered user. Please read these terms of use
carefully before you start to use our Site.
1.2. By using our Site,
you indicate that you accept these terms and that you agree to comply
with them. If you do not agree to these terms, you must not use our
Site.
1.3. We recommend that you should print a copy of these terms
and conditions for future reference.
2.1. Our Site is owned and operated by Ruby Labs Ltd (“we”, “us” or
“our”). We are a company incorporated in England and Wales under company
number C95177. Our registered office address is: 65 Compton Street, EC1V
0BN, London, UK. Our VAT number is: GB296182568. We are a limited
company.
2.2. You can contact us using the following email address:
[email protected]
2.3. The
clinicians we engage are registered in the United Kingdom with the
General Pharmaceutical Council and each hold accredited pharmacist
independent clinician qualifications. The clinicians are trained in
providing remote consultations and issuing prescription medicine
online.
2.4. Our pharmacy (the “Pharmacy“). is located at 3
Magellan Terrace, Gatwick Rd, Crawley, West Sussex, RH10 9PJ, ENGLAND
and registered with the General Pharmaceutical Council (“GPhC”) with
number xxxxxx.
3.1. Our Privacy Policy which also applies to your use of our Site, sets
out the terms on which we process any personal data we collect from you,
or that you provide to us. We will only use your personal information as
set out in our privacy policy.
3.2. If you purchase medicines or
other products from our Site, the terms and conditions of sale (Terms of
Sale) will apply to the sale of such medicines or products. Please note
that the contract for the sale of prescription only medicines will be
between you and our Pharmacy. The contract for sale of products other
than prescription only medicines will be between you and us, other such
other entity notified to you at the point of sale.
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
6.1. Access to our Site is permitted on a temporary basis and is
available free of charge. We do not guarantee that our Site, or any
content on it, will always be available or be uninterrupted. We may
suspend or withdraw or restrict the availability of all or any part of
our Site for business and operational reasons. We will try to give you
reasonable notice of any suspension or withdrawal.
6.2. You are
also responsible for ensuring that all persons who access our Site
through your internet connection are aware of these terms of use and
other applicable terms and conditions, and that they comply with them.
7.1. Our Site is directed to people residing in England or the UK. We do
not represent that content available on or through our Site is
appropriate for use or available in other locations.
7.2. You must
be at least 18 years old to use our Site and purchase any products or
medications available via the Site.
7.3. From time to time, we may
restrict access to some parts of our Site, or our entire Site, to users
who have registered with us.
7.4. 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, and 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, if in
our opinion you have failed to comply with any of the provisions of
these terms of use.
7.5. If you know or suspect that anyone other
than you knows your user identification code or password, you must
promptly notify us at
[email protected].
8.1. If you wish to purchase any products or medications from our Site,
you will first have to register. Please ensure that all information you
provide on registration is true and accurate, current and complete. If
there are any changes to the details supplied to us it is your
responsibility to inform us straight away. Changes to your registration
details should be made through your account page.
8.2. We reserve
the right to refuse to accept any application to register on our Site
for any reason.
9.1. You cannot submit a questionnaire, order a product or receive
medical treatment without first registering on our Site.
9.2. On
ordering a prescription only medicine, we provide an online medical
consultation to you based on online questionnaires you complete and your
answers to any follow up questions raised by the clinician.
9.3.
Our clinicians will review the questionnaire and, provided that you are
suitable for remote medical treatment, confirm whether the ordered
treatment is clinically appropriate for you and prescribe the ordered
treatment.
9.4. Once you have submitted a questionnaire our
clinicians aim to respond to you within 24 hours. You accept that once
you have submitted the questionnaire you can no longer cancel this
service. This is because our clinicians will commence reviewing your
questionnaire once you have clicked the submit button. If, however, that
our clinicians determine that you are not suitable for treatment we will
notify you that we cannot treat you and the product will not be sold to
you and you will not be charged. We will only charge your payment card
if your order is approved by the clinician and a prescription issues.
9.5.
If you order a product which is not a prescription only medicine, an
online consultation is not necessary and you will be charged for the
product on placing your order.
9.6. For prescription only
medicines, if our clinicians determine based on their medical assessment
of the information provided in the questionnaire that you are suitable
for treatment we will issue a prescription, which will be sent to our
partner Pharmacy. The Pharmacy will sell, supply, dispense and post
prescription only medicines to you directly in its own name in
accordance with our Terms of Sale.
9.7. If the clinician requires
further information, you will receive an email. The order will not be
processed until you have replied to the clinician’s message. This must
be within 10 days of placing your order. If you fail to reply within
this timeframe your order with be declined and you will not be
charged.
9.8. Professional codes of conduct and legal restrictions
may limit the number any frequency of any item we and/or our partner
Pharmacy are permitted to supply to you.
9.9. All communication
between you and the clinician must be done via our secure messaging
platform. The customer service email
[email protected] should only be
used for general website queries.
9.10. We reserve the right to
reject any order. If we are unable to accept your order, we will let you
know.
9.11. By registering on our Site, you will create a secure
online electronic patient record which will contain the following
information: (i) copy of these Terms and the Privacy Policy which you
clicked and accepted; (ii) messages you receive from us; (iii) your
personal details; and (vi) your orders. You acknowledge and agree that
Menwell Limited may archive your electronic patient records including
your personal information, communication and treatments for a minimum of
8 years following the last consultation. Please see our Privacy Policy
for further information.
9.12. You must use our Site in compliance
with our Acceptable Use Policy (see clause 13 below).
10.1. We are the owner or the licensee of all intellectual property
rights in our Site, and in the material published on it. Those works are
protected by copyright laws and treaties around the world. All such
rights are reserved.
10.2. You may print off one copy, and may
download extracts, of any page(s) from our Site for your personal
reference and you may draw the attention of others within your
organisation to material posted on our Site.
10.3. You must not
modify the paper or digital copies of any materials you have printed off
or downloaded in any way, and you must not use any illustrations,
photographs, video or audio sequences or any graphics separately from
any accompanying text.
10.4. Our status (and that of any identified
contributors) as the authors of material on our Site must always be
acknowledged.
10.5. You must not use any part of the materials on
our Site for commercial purposes without obtaining a licence to do so
from us or our licensors.
10.6. If you print off, copy or download
any part of our Site in breach of these terms of use, your right to use
our Site will cease immediately and you must, at our option, return or
destroy any copies of the materials you have made.
11.1. The content on our Site is provided for general information only
and is not intended to amount to advice on which you should rely. You
should take advice from a doctor or other healthcare practitioner before
taking, or refraining from, any action based on the content of this
Site.
11.2. The information provided about the products is intended
to be used for educational or general informational purposes only. It is
not aimed at providing specific advice to any individual and should not
be relied upon by you in making (or refraining from making) any
decisions regarding your health or wellbeing. Please consult with a
doctor or other health care practitioner before taking or refraining
from any course of action or treatment.
11.3. The content on our
Site is provided without any representations, guarantees, conditions or
warranties as to its accuracy or completeness or as to whether it is up
to date.
11.4. Where our Site contains links to other Sites and
resources provided by third parties, these links are provided for your
information only. Such links should not be interpreted as approval by us
of those linked websites or information you may obtain from them. We
have no control over the contents of those Sites or resources and accept
no responsibility for them or for any loss or damage that may arise from
your use of them.
11.5. This Site may include information and
materials uploaded by other users of the Site, such as product reviews.
This information and these materials have not been verified or approved
by us. The views expressed by other users on our Site do not represent
our views or values. If you wish to complain about information and
materials uploaded by other users please contact us at
[email protected].
12.1. 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 and for fraud or fraudulent
misrepresentation.
12.2. Different limitations and exclusions of
liability will apply to liability arising as a result of the supply of
any products to you, which will be set out in our Terms of Sale.
12.3.
Please note that we only provide our Site for domestic and private use.
You agree not to use our Site for any commercial or business purposes,
and we have no liability to you for any loss of profit, loss of
business, business interruption, or loss of business opportunity.
12.4.
We accept no liability for any loss of data or for any indirect or
consequential loss or damage of any kind however arising, which may be
suffered by you in connection with our Site.
12.5. If defective
digital content, that we have supplied, damages a device or digital
content belonging to you and this is caused by our failure to use
reasonable care and skill, we will either repair the damage or pay you
compensation. However, we will not be liable for damage that you could
have avoided by following our advice to apply an update offered to you
free of charge or for damage that was caused by you failing to correctly
follow installation instructions or to have in place the minimum system
requirements advised by us.
13.1. Whenever you make use of a feature that requires or allows you to
upload information or content to our Site, or to make contact with other
users of our Site, you must comply with the content standards set out in
this Acceptable Use Policy as set out in this paragraph
13.13.2. In
relation to the use of our Site:
13.2.1. You accept that the advice
given on our Site does not replace your regular healthcare provider. You
must tell your regular healthcare provider about treatment we prescribe
and medication supplied by our partner Pharmacy.
13.2.2. We shall
not be liable for any damages arising out of: (i) a failure by you to
provide (and continuously maintain) complete, truthful and accurate
information to us, including in all questionnaires you complete; (ii) a
failure by you to follow advice given by a doctor or healthcare
practitioner or (iii) any failure by you to pass on information given on
the Site to your regular healthcare provider.
13.2.3. The provision
of any products or services to you via our Site is conditional on you
completing all consultation questionnaires contained on our Site
truthfully and honestly. You must disclose all relevant information to
the best of your knowledge.
13.2.4. You are not allowed to register
more than once. Please do not register or complete questionnaires on
behalf of anyone other than yourself.
13.2.5. You are solely
responsible for ensuring that you understand the questions in the
questionnaires you complete on our Site. 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 Site.
13.2.6. If
medicine is prescribed and dispensed to you, you are responsible for
checking that the medicine is the correct medicine prescribed by us on
our Site and that such medicine is not damaged in any way. If in doubt,
you must contact us to seek advice and/or replacement as required. Do
not consume any medicine which is not the medicine prescribed or which
is damaged on arrival.
13.2.7. You must carefully read all product
packaging and labels prior to use. If you purchase medicine in advance
of your need to consume these, please ensure you do not consume medicine
which is out of date.
13.2.8. Please ensure that no-one other than
yourself has access to any medicines that is made available to you
through use of this service.
13.3. Any material which you
contribute or upload to our Site must be true, accurate and correct,
comply with applicable law and must not be defamatory of any person,
obscene, offensive, hateful or inflammatory, promote discrimination
based on race, sex, religion, nationality, disability, sexual
orientation or age, infringe any copyright, database right or trade mark
of any other person, be likely to deceive any person, breach any legal
duty owed to a third party, such as a contractual duty or a duty of
confidence or impersonate any person, or misrepresent your identity or
affiliation with any person.
13.4. You warrant that any such
contribution does complies with these standards, and you will be liable
to us and indemnify us for any breach of that warranty. This means you
will be responsible for any loss or damage we suffer as a result of your
breach of warranty.
13.5. You may use our site only for lawful
purposes. You may not use our site:
13.5.1. In any way that
breaches any applicable local, national or international law or
regulation.
13.5.2. In any way that is unlawful or fraudulent, or
has any unlawful or fraudulent purpose or effect.
13.5.3. For the
purpose of harming or attempting to harm minors in any way.
13.5.4.
To transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar
solicitation (spam).
13.5.5. To knowingly transmit any data, send
or upload any material that contains viruses, Trojan horses, worms,
time-bombs, keystroke loggers, spyware, adware or any other harmful
programs or similar computer code designed to adversely affect the
operation of any computer software or hardware.
13.6. You also
agree:
13.6.1. Not to reproduce, duplicate, copy or re-sell any
part of our site in contravention of the provisions of these Terms.
13.6.2.
Not to access without authority, interfere with, damage or disrupt:– any
part of our Site;– any equipment or network on which our Site is stored;
or– any software used in the provision of our Site.
13.7. Any
content you upload to our Site will be considered non-confidential and
non-proprietary. You retain all of your ownership rights in your
content, but you are required to grant us (and our officers, employees
and contractors), our clinicians and partner pharmacies a limited
licence to use, store and copy that content and to distribute and make
it available to third parties. The rights you license to us are
described in Rights you are giving us to use material you upload (see
clause 14 below).
13.8. You are solely responsible for securing and
backing up your content.
14.1. We do not guarantee that our Site will be secure or free from bugs
or viruses.
14.2. You are responsible for configuring your
information technology, computer programmes and platform to access our
Site. You should use your own virus protection software.
14.3. You
must not misuse our Site by knowingly introducing viruses, trojans,
worms, logic bombs or other material which is malicious or
technologically harmful.
14.4. You must not attempt to gain
unauthorised access to our Site, the server on which our Site is stored
or any server, computer or database connected to our Site. You must not
attack our Site via a denial-of-service attack or a distributed
denial-of service attack.
14.5. By breaching this clause 15, you
would commit a criminal offence under the Computer Misuse Act 1990. 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
Site will cease immediately.
14.6. 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 Site or to your downloading of any material posted on
it, or on any Site linked to it.
15.1. You may link to our home page, provided you do so in a way that is
fair and legal and does not damage our reputation or take advantage of
it in any way whatsoever, but 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.
15.2. You must not establish a link
from any Site that is not owned by you.
15.3. Our Site must not be
framed on any other Site, nor may you create a link to any part of our
Site other than the home page. We reserve the right to withdraw linking
permission without notice. The website from which you are linking must
comply in all respects with the content standards set out in our
Acceptable Use Policy set out in paragraph 13 above.
15.4. If you
wish to make any use of material on our Site other than that set out
above, please address your request to: [email protected].
Able is an EU registered trade mark of Ruby Labs Ltd. You are not permitted to use any trade marks or logos displayed on our Site without our approval.
If you are a consumer, please note that these terms of use, their
subject matter and their formation, are governed by English law. The
courts of England and Wales will have exclusive jurisdiction except that
if you are a resident of Northern Ireland you may also bring proceedings
in Northern Ireland, and if you are resident of Scotland, you may also
bring proceedings in Scotland.
If you are a business, these terms
of use, their subject matter and their formation (and any
non-contractual disputes or claims) are governed by English law. We both
agree to the exclusive jurisdiction of the courts of England and Wales.
18.1. These terms of use and any document expressly referred to in them
constitute the whole agreement between us and supersede all previous
discussions, correspondence, negotiations, previous arrangement,
understanding or agreement between us relating to the use of our
Site.
18.2. We may transfer our rights and obligations under these
Terms to another organisation. We will always tell you in writing if
this happens and we will ensure that the transfer will not affect your
rights under the contract.
18.3. If any of these Terms are found by
any competent authority to be invalid, unlawful or unenforceable to any
extent, such term, condition or provision will to that extent be severed
from the remaining terms, conditions and provisions which will continue
to be valid to the fullest extent permitted by law.If you have any
concerns about material which appears on our Site or concerns with
regards to our services, please contact:
[email protected].