Ouris Customer Terms and Conditions

These Ouris Customer Terms and Conditions ("Terms" or “Agreement”) apply to the supply of any booking of appointments, prescriptions and professional consultations and all other related services (“Services”) by Ouris health Limited , 5300 Lakeside , Cheadle Royal Business Park , Cheadle , Cheshire , United Kingdom - Company Registration number – 10612572 ("Ouris") that are provided through https://www.ourishealth.com/terms_conditions and the corresponding Ouris application (“Platform”).

Anyone utilising or accessing the Services is deemed to agree to these T&Cs and the other terms of the Agreement. A “Customer" is anyone who requests a booking, prescription or consultation via the Platform from a person or organisation whether regulated or not ("Practitioner”).

NOT HEALTH ADVICE

INFORMATION CONTAINED ON THIS PLATFORM IS OF A GENERAL NATURE ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE. YOU SHOULD NOT RELY UPON ANY INFORMATION ON THIS PLATFORM WITHOUT OBTAINING THE SPECIFIC ADVICE OF A QUALIFIED HEALTH CARE PROFESSIONAL.

1. Definitions

Account

means an online account made available to a Customer by Ouris to enable the Customer to manage among other things its and access other digital services provided by Ouris.

Claim

means, in relation to any person, a damage, loss, cost, fine, penalty, expense or liability incurred by the person or a claim, action, proceeding or demand made against the person, however arising and whether present or future, fixed or unascertained, actual or contingent.

Content

means any information or material of any kind published or made available to Ouris by the Customer in connection with the Services or the Platform (including material provided by a Customer to Ouris

2. Ouris key obligations

Ouris must:

  1. provide the Services in accordance with this Agreement
  2. provide the Services in a competent and diligent manner
  3. collect, store and disclose all personal information received by Ouris from the Customer in accordance with the Ouris Privacy Policy.

3. Customer key obligations

The Customer must:

  1. use the Services solely in accordance with this Agreement
  2. ensure that any data and content provided via the Platform is accurate and up to date and remains accurate and up to date and it will indemnify Ouris for any claim resulting from outdated or inaccurate content
  3. ensure that no children under the age of 16 use the Platform without the consent of their guardian and between the ages of 18 and 16 without the adult cardholder consent
  4. ensure anyone who uses the Platform abides by these terms and the Customer remains liable for the any activity on the account
  5. maintain as confidential and keep secure any passwords or other security credentials relating to the Services
  6. notify Ouris of any security breaches to their account
  7. comply with all applicable laws in relation to its use of the Services
  8. not use the Services to:
    1. post, publish or transmit any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, hateful, or racially or ethnically or otherwise objectionable
    2. encourage conduct that is criminal, would give rise to civil liability or would otherwise violate any law
    3. harm children in any way
    4. impersonate a person or entity or falsely state their affiliation with a person or entity
    5. upload, post, transmit or otherwise make available any Content that infringes the rights of another party including but not limited to trademark, copyright and other intellectual property rights
    6. transmit or otherwise make available any material that contains software viruses or any other computer code, files designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

4. The Services

Ouris may make such changes to the Services set out below and the Platform from time to time as Ouris considers appropriate in its sole discretion. Please note that any arrangement, booking or contract for the provision of medical advice, assistance, diagnosis, treatment or procedure listed on the Website is made directly between you and the Practitioner, Ouris Health is not a party to such arrangement, booking or contract.

4.1 Prescriptions & Letters & Sick Note

  1. Prescriptions, Letters and Sick notes are issued by each Practitioner, at their sole discretion. The Platform assists them to create based on their own professional judgement and legal obligations. You understand and accept that that the content of such items is individual, based on information you provide to the Practitioner and your health at the time of your consultation.
  2. Any reference to a 'prescription' shall be deemed to apply to repeat prescriptions where applicable.
  3. As such, the contents of any prescription, letters or sick note may vary; the precise nature of the content shall be at the sole discretion of the Practitioner and you agree to hold harmless Ouris, its employees, officers, directors, agents and affiliates from any claim that may arise as a result of the contents of such items.
  4. You must not tamper with the content of any such prescriptions, letters or sick notes (to do this would be a criminal offence).
  5. You understand and accept that there is no guarantee that such prescriptions, letters or sick notes will contain the content you desired, hoped for, expected, were informed of, understood or believed they would contain.
  6. If you lose a prescription, letter or sick note, a copy of the relevant document may be issued, subject to the prescribing Practitioner and the practice agreeing to re-issue the document. You understand and accept that there is no guarantee that a Practitioner will agree to re-issue any document. In the event that the Practitioner re-issues your lost prescription, letter or sick note, you understand and accept you may be charged in accordance with the policy of the practitioner.
  7. If you choose to have your prescription sent to a pharmacy that is near to your location, we will make reasonable efforts to contact that pharmacy and have the prescription sent to the chosen pharmacy within an 1-2 hours.
  8. We will use reasonable efforts to deliver the prescription to your device or to a nearby pharmacy promptly but we are not connected with and have no control over or responsibility for any individual pharmacy, their policies in relation to acceptance or otherwise of prescriptions, opening hours, cost or availability of medicines prescribed.
  9. There are a number of factors which may impact on which pharmacy is chosen and there can be no guarantee that a pharmacy to which the prescription is delivered (if that option is chosen) will be the nearest pharmacy.
  10. We have no control over the pharmacy issuing you the medications and we only provide the Platform for the pharmacy to accept the prescription electronically and to dispense it.
  11. We or our partner dispensing pharmacist may refuse to fulfil an order where we, in our sole discretion, consider the order not to be in the best interests of the person for whom it is intended or who has ordered it or may be illegal or contrary to any regulation or guideline
  12. To the extent permitted by law, we disclaim responsibility for any acts and omissions on the part of the pharmacists.
  13. Most of the Practitioners do not provide prescriptions for controlled drugs (as defined by the misuse of drugs act 1971). It is up to the specialist practitioners to issue controlled drugs, who has a licence to issue from local authority with a controlled drug prescriber number.
  14. Any prescription that you receive via the UK Platform is only valid for use at legal UK pharmacies. You understand and agree that any prescriptions you acquire via the Platform are solely for your personal use. You agree to carefully read all information provided to you and to follow the instructions provided by the Practitioner(s), on the prescription(s) itself/themselves and the instructions on the label applied by the pharmacy prior to taking any of the prescribed medicines. You also agree to contact a Practitioner, another doctor or a pharmacist if you have any questions about prescribed medicines or do not fully understand the reasons you have been prescribed any prescribed medicine or the instructions related to the prescribed medicine.
  15. Ouris and the Practitioners are not responsible for any legal prescriptions provided to you that legal UK Pharmacies refuse to dispense. You accept that it remains an individual Pharmacist's right to refuse to fulfil any prescription and/or dispense medications when presented with a legal prescription.
  16. Prescriptions provided will be private prescriptions unless otherwise stated during consultation by the Practitioner. A private prescription will incur the cost of the medicine(s) prescribed. This price is set by the pharmacy and is independent of any charges set by Ouris. The patient is under no obligation to purchase their medicine from any pharmacy.

4.2 Lab and Testing Services

  1. The Platform has a mobile application which is the equivalent (“App”).
  2. The App can be used to order certain medical tests (“Tests”). These services are provided in collaboration with a test kit fulfilment provider and a partner laboratory
  3. These Tests are provided by lab services using Ouris Platform by an independent provider.
  4. We make every effect to verify the registration of the provider but we cannot guarantee this and we shall not be liable for any such facts to the contrary.
  5. By ordering any Tests, you agree to comply with any instructions provided in relation to the Tests including in relation to the booking and administration of Tests, receipt and provision of Test materials and samples (including delivery by post or attendance in person at Test facilities) and payment.
  6. Subject to a range of factors including (without limitation) the nature of the relevant Test, your location and the availability of laboratories, the App may enable you to:
    1. request the despatch, by post, of a Test to be administered (self-collected) by you and provided to the laboratory by post, with the results then analysed, sent to us and delivered to you through the App.
  7. arrange an appointment to attend a Test centre for the Test to be undertaken, the results to be sent to us and delivered to you through the App
  8. contact a Test centre, to enable you to arrange to undertake a Test independently and have the results sent to us to be delivered through the App.
  9. You understand and acknowledge that prior to Test results being made available to you within the App, you may be requested to undertake and pay for an additional consultation with a Practitioner.
  10. The prices will be displayed within the App and you agree to those at the time of ordering. Certain pathology services – for example, if you elect to contact a Test centre to undertake a Test independently - may incur charges in addition to those listed in the App and you acknowledge and agree that such additional fees as required may be payable.
  11. If, within the App, you choose to order your Test for delivery to you and administration (self-collection) by you, it will be despatched by our test kit fulfilment provider. The terms of delivery shall be as follows:
    1. we will use reasonable endeavours to procure the processing and despatch of your Test in the next business day where the Test is in stock.
  12. Prices and delivery fees are displayed within the App at the time of the order are set by the provider and Ouris does not control it.
  13. delivery will be either by express delivery or refrigerated express delivery, depending on the Test.
  14. Tests are personal to the person for whom they are intended and therefore may not be returned, and no refunds will be given for Tests ordered once the order is placed.
  15. orders may be subject to a minimum price as displayed in the App.
  16. we or our partner laboratories may refuse to fulfil an order where we consider the order not to be in the best interests of the person for whom it is intended or who has ordered it or may be illegal or contrary to any regulation or guideline
  17. if no one is available to take delivery of the order when delivery is first attempted, there may be a delay in delivery, and/or the recipient may have to follow the procedures of the relevant despatch company in order to collect the order, including picking it up from a depot.
  18. Processing time for a returned Test will vary depending on the Test but we will use reasonable endeavours to procure that the laboratory analyses the Test and returns results within 3-5business days. Results will be delivered to you through the App and you explicitly consent to that by ordering through the App.
  19. Tests to be administered at a drop-in Test centre will be subject to the terms and conditions of that centre and the opening hours of that centre.
  20. If you elect to arrange an appointment to attend a Test centre for the Test to be undertaken, or to contact a Test centre to enable you to arrange to undertake a Test independently, then we shall use reasonable efforts to assist you but cannot guarantee the availability of the services from the Test centre and is not liable for the acts or omissions of the Test centre.
  21. The Company will use reasonable efforts to process any orders for Test services within 2 business days and the time limits set out above start running from the end of that processing period.
  22. It may not be appropriate for some Tests to be self-administered, in which case they may not be available for delivery and must be conducted by a registered medical practitioner or nurse.
  23. You cannot order Tests anywhere outside the United Kingdom.

5. Intellectual Property

  1. All intellectual property rights in the Services, and in all Ouris know how, software, materials and methodologies used in providing or incorporated into the Services, the Appointment Plugin or the Platform (collectively the "IPR") remain vested in Ouris, and the Customer has no rights in relation to that IPR.
  2. The Customer must use the Services solely for the purposes set out in this Agreement and not make any commercial use of the Services, including by reselling the Services to any party.
  3. The Customer must not to copy, alter, modify, reproduce, reverse-engineer, derive or develop the Services, any software used by Ouris to provide the Services or any IPR or any part of them or attempt to do any of those things.
  4. The Customer must not use any Ouris logo or trade mark (other than as specifically authorised under this Agreement and in materials specifically approved by Ouris) without the prior written consent of Ouris.
  5. The Customer grants Ouris a licence to use, reproduce, publish, modify, translate, adapt and otherwise exploit the Content for the purpose of providing the Services. The Customer agrees that Ouris may place any Content on any third party Platforms or infrastructure or supply to third parties any Content in order to offer the Services through a different Platform or through a partner organisation.

6. Warranties

  1. The Customer acknowledges and agrees that Ouris is not a healthcare provider and is not liable in any respect for the care of a Customer.
  2. The Customer indemnifies Ouris against any and all Claims arising from or related to any treatment received (or which was failed to be received) by the Customer, or arising from or related to the Customer's wrongful use of the Services, or arising from or related to a breach of applicable privacy laws.
  3. We make no warranty that the Platform or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. We are not responsible for transmission errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.
  4. We will take all reasonable precautions to protect against failure of our equipment and software and will perform regular back-ups of all data stored. You acknowledge and accept that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Platform and/or the Services, in which circumstances any booked Appointments shall be deemed a Disrupted Appointment.
  5. We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your Devices in order to access the Platform. You should use your own virus protection software.
  6. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED VIA THE PLATFORM OR SERVICES.
  7. We do not endorse the promotions, products or services of any third parties, nor do we warrant or validate the accuracy of any third-party advertisements, promotions, communications or other materials. We do not assume any responsibility or liability for the accuracy of information contained on any third-party web sites

7. Privacy Policy and Platform use

  1. The Customer agrees that Ouris has made them aware of Ouris's practices and policies related to the collection, use and storage of personal and health data which is electronic, further detail of which can be found in Ouris's Privacy Policy. The Customer consents to the use, in accordance with Ouris's Privacy Policy, of any personal information provided to Ouris.
  2. The use of the Platform by the Customer is subject to the terms and conditions that apply to the use of and access to the Platform, and the Customer agrees to comply with and be bound by those terms and conditions.
  3. Ouris is merely a platform for the storage of the electronic health records and does not have any control over when to store, delete or transfer this data which will be decided by the professional.

8. Force Majeure

  1. A party to this Agreement is not liable for any delay or failure to perform its obligations pursuant to the Agreement if such delay is due to Force Majeure. In this Agreement, "Force Majeure" means a circumstance beyond the reasonable control of the non-performing party.
  2. If any delay or failure of a party to perform its obligations is caused by Force Majeure, the performance of that party's obligations will be suspended for the period of the delay.

9. General

  1. Nothing in these terms and conditions is to be construed as creating a partnership between Ouris and the Customer nor to constitute either party as the agent of the other.
  2. This Agreement will be governed by and construed in accordance with the laws England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
  3. Ouris may, at any time, amend the Customer Agreement, including, but not limited to, adding or amending any fees and charges for the Services (Variation of Terms). Ouris will provide the Customer with at least 30 days’ notice of any Variation of Terms. A Variation of Terms takes effect on the date set out in the notice given by Ouris. If the Customer does not wish to continue to receive the Services after the Variation of Terms, then it may terminate this Agreement. The Customer’s continued use of the Services or the Platform after the effective date of the Variation of Terms shall be deemed to constitute acceptance by the member of such amendments. Any rights or liabilities arises prior to the effective date of any amendment to this Agreement will be unaffected by the Variation of Terms.