1. These Terms and Conditions
1.1 These terms and conditions (together with the documents referred to in them) ("terms") set out the basis on which you may use the website www.totiva.co.uk (our "site"), whether as a guest or a registered user. Please read these terms carefully before you start to use our site.
1.2 By using our site, you confirm that you accept these terms and agree to comply with them. If you do not agree, you must not use our site or services.
1.3 We recommend that you print a copy of these terms for future reference.
2. Information about us
2.1 The site is operated by ZapMeds Limited T/A Totiva Health ("we", "us", "our" or "Totiva Health"), a company incorporated in England and Wales with company number 16665533. Registered office: 17 Beresford Way, Chesterfield, S41 9FG VAT number: 499874692
2.2 We are regulated by the General Pharmaceutical Council (GPhC) and, where applicable, our medicines activities are subject to oversight by the Medicines and Healthcare products Regulatory Agency (MHRA).
2.3 Contact us at: hello@totiva.co.uk or 02035358993
3. Other terms that apply
3.1 Our Privacy Policy applies to your use of our site and explains how we process your personal data. By using our site, you consent to that processing and you warrant that all data provided by you is accurate and complete.
3.2 If you purchase goods or services from our site, our Terms and Conditions of Sale and Service and our Delivery and Returns Policy apply to those purchases. When you place an order you are accepting our Terms and Conditions of Sale and Service and our Delivery and Returns Policy so you are advised to read these carefully before proceeding with our services.
4. Changes to these terms
We may amend these terms from time to time. Please check them whenever you use our site to understand the terms that apply at that time. If you do not wish to accept the current version of the terms, please do not continue to use our website and services.
5. Changes to our site
We may update and change our site from time to time to reflect changes to our products, patients' and users' needs, regulatory changes and/or business priorities.
6. Suspension or withdrawal
6.1 We do not guarantee that our site, or any content on it, will always be available or will be uninterrupted or error free.
6.2 We may suspend, withdraw or restrict availability of all or any part of our site for business or operational reasons or otherwise at our discretion. We will try to give reasonable notice of any suspension, withdrawal or restriction where appropriate but we are under no obligation to do so where this is not reasonably practicable.
7. Accessing our site
7.1 Our site and any services provided via the site are available in English and are intended for use within the United Kingdom only. It is your responsibility to ensure you fully understand the information and advice provided. If you require additional assistance in understanding and/or using our site or services, please contact our customer support team and we will try to assist you.
7.2 We may restrict access to some parts of our site, or our entire site, to registered users at our discretion. You are responsible for ensuring that you, and all persons who access our site through your internet connection, are aware of these terms and other applicable terms, and that you/they comply with such terms when using our site or engaging with our services.
7.3 If you choose, or 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 not disclose it to any third party. We cannot be responsible for any consequences of your failure to keep your code, password or other security information confidential. We may disable any user ID or password at any time if, in our opinion, you have failed to comply with these terms.
7.4 We will determine, at our discretion, whether there has been a breach of these terms. When a breach occurs, we may take such action as we deem appropriate, including but not limited to:
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7.4.1 immediate, temporary or permanent withdrawal of your right to use our site and services;
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7.4.2 issuing a warning and/or pre-action correspondence to you;
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7.4.3 commencing or continuing legal proceedings; and/or
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7.4.4 disclosing information to law enforcement authorities/regulators.
7.5 No emergencies: You must not use our site or services for emergencies. In a medical emergency call 999. If the situation is urgent but not life-threatening, call 111.
8. Acceptable Use Policy
You agree not to use our site or services:
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for unlawful, fraudulent or malicious purposes;
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to transmit or upload viruses, worms, trojans, logic bombs or other harmful code;
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to attempt to gain unauthorised access to accounts, systems or networks;
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to harass, abuse, defame or threaten others;
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to submit false or misleading information, including impersonating another person;
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to interfere with or disrupt the operation of the site or our services.
We reserve the right to suspend or terminate accounts and take legal action where this policy is breached.
9. Intellectual property and permitted use
9.1 We are the owner or licensee of all intellectual property rights in our site and in the material published on it or in connection with it. Those works are protected by copyright laws and treaties around the world. All rights are reserved.
9.2 You may print one copy and download extracts of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to material posted on our site for purposes which do not breach these terms.
9.3 You must not modify the paper or digital copies of any materials you have printed or downloaded, and you must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text.
9.4 Our status (and that of any identified contributors) as authors of content on our site must always be acknowledged.
9.5 You must not use any part of the materials on or in connection with our site for any commercial or profit-making purposes without first obtaining a licence from us or our licensors (if applicable) granting you express permission to use the materials in the manner envisaged.
9.6 If you print, copy or download any part of our site or materials in breach of these terms, your right to use our site/services will cease immediately and you must, at our option, return or destroy any copies you have made. We reserve the right to take legal action against you for any breaches of our intellectual property rights in or in connection with the site and the material published on or in connection with it.
10. Our liability
10.1 The material displayed on our site (including any blog or social media content) is provided without any guarantees, conditions or warranties as to its accuracy or completeness.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so, including liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
10.3 Limitations and exclusions apply to liability arising from the supply of any products or services to you which are set out in our Terms and Conditions of Sale and Service.
10.4 To the greatest extent permitted by applicable law, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it or our services.
10.5 To the greatest extent permitted by applicable law, we will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
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10.5.1 use of, or inability to use, our site or services; or
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10.5.2 use of or reliance on any content displayed on or in connection with our site.
10.6 In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
10.7 If you are a consumer user, we provide our site for domestic and private use only and you agree not to use our site for any commercial or business purposes. If you are a business user, you agree not to use our site for any commercial or business purposes not expressly agreed between us and you or which otherwise infringes these terms.
11. Registration
To use some of the services on our site, you must register and create a secure online patient account. By registering you:
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confirm that the information you provide is accurate and complete and you accept that we bear no responsibility for any consequences of your failure to provide accurate and complete information;
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agree to keep your username and password (and any other security information you use in connection with the site) confidential and not share your login details;
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must not create more than one account; and
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confirm that you are aged 18 or over.
We may suspend, terminate or restrict access at any time if we believe your continued use may cause harm or risk causing harm to you, others or our business/personnel.
12. Viruses, hacking and other offences
12.1 We do not guarantee that our site will be secure or free from bugs or viruses.
12.2 You are responsible for configuring your IT, computer programs and platform to access our site and should use your own virus protection software.
12.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other malicious material.
12.4 You must not attempt to gain unauthorised access to our site, the server on which it is stored, or any server, computer or database connected to our site.
12.5 By breaching this clause, you may commit a criminal offence under the Computer Misuse Act 1990 or other offences. We will report any such breach to the relevant authorities and co-operate by disclosing your identity. Your right to use our site will cease immediately.
12.6 We will not be liable for any loss or damage caused by viruses, distributed denial-of-service attacks or other harmful material that may infect your equipment due to your use of our site or downloading content.
13. Linking to our site
13.1 You may link to our home page in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link to suggest any association, approval or endorsement on our part where none exists.
13.2 You must not establish a link from any site not owned by you.
13.3 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.
13.4 For any use of material on our site other than as set out above, please contact hello@totiva.co.uk.
14. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are for information only. We have no control over the contents of those sites or resources and accept no responsibility for them or any loss or damage arising from your use of them.
15. Jurisdiction and applicable law
These terms are governed by the laws of England and Wales. The English courts will have jurisdiction over any claim arising from, or related to, a visit to our site (we retain the right to bring proceedings against you in your country of residence or any other relevant country).
16. Right to Cancel (Online Clinical Services & Prescription Medicines)
16.1 Cancellation, refunds and returns: You are referred to our Delivery and Returns Policy for delivery information and our cancellation, refund and return policy. The latest version of this policy is available via our site.
16.7 Changes to orders: If you need to change delivery details or items, contact us as soon as possible. Changes are subject to availability and current order status. It will not be possible for us to change any details/items after an order has been dispatched.
16.9 Your responsibility: It is your responsibility to monitor your order status and initiate any change requests or cancellations in good time in accordance with our Delivery and Returns Policy.
17. Complaints and escalation
17.1 We take all complaints seriously. If you are dissatisfied with our site, services, or the handling of your personal data, we ask that you contact us first at hello@totiva.co.uk. Please also ensure that you consult our Privacy Policy (including our Cookies Policy) for more information about how we handle your personal data.
17.2 If you remain dissatisfied, you may escalate your complaint to the relevant regulator:
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General Pharmaceutical Council (GPhC) for pharmacy services: www.pharmacyregulation.org
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Information Commissioner's Office (ICO) for data protection: www.ico.org.uk
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MHRA for medicines safety: www.gov.uk/mhra
17.3 We will co-operate fully with regulators in investigating and resolving complaints.
18. Entire agreement
These terms and any documents expressly referred to herein constitute the entire agreement between you and us and supersede all prior discussions, correspondence, negotiations and agreements relating to your use of our site/services.
19. Contact
If you have any concerns about material appearing on our site or our services, please contact hello@totiva.co.uk.