Terms & conditions relating to the provision of consultative services and prescription weight loss medication (Terms of Sale)

1. Introduction

1.1 These Terms of Sale, together with our privacy policy and refund policy, tell you information about us and the legal terms and conditions on which we provide online medical consultative services (Consultative Services) and/or prescribe any of the medical weight loss products (Products) listed on our website to you. The Consultative Services and Products shall together be referred to as the Treatment.

1.2 These Terms of Sale will apply to any contract between us for the provision of Treatment to you. Please read these Terms of Sale carefully and make sure that you understand them, before proceeding with any Treatment.

1.3 Please note that before receiving any Treatment you will be asked to agree to these Terms of Sale in accordance with clause 3.3. If you refuse to accept these Terms of Sale, you will not be able to receive any Treatment.

1.4 We reserve the right to update these Terms of Sale from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible on our website. For the avoidance of doubt, the Terms of Sale which were in effect at the time that your contract becomes effective pursuant to clause 3.3 will apply throughout the duration of the contract.

2. Our information and contacting us

2.1 The Chequp website is owned and operated by Chequp Health Limited, a company registered in England and Wales under company number 12570252 and registered at Clifton House, Bunnian Place, Basingstoke, Hampshire RG21 7JE. Our operational address is 125 Kingsway, London, WC2B 6NH.

2.2 Contacting us:

a. If you wish to contact us for any other reason, including because you have any concerns or complaints, please do so by any of the following:

i. E-mail: help@CheqUp.com.
ii. Writing: 125 Kingsway, London, WC2B 6NH.

b. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us. If we have to give you notice in writing, we will do so by e-mail or post to the address you have provided to us.

2.3 As a healthcare service, we comply with a number of regulations, including the Health and Social Care Act 2008, the Medicine and Healthcare Regulation Agency, and the General Pharmaceutical Council. Our partner doctors are all registered with and regulated by the General Medical Council.

2.5 Our partner pharmacy is ABSM Healthcare Limited t/a The Independent Pharmacy with registered company number 08515600 and registered office at Unit 3 Heston House, 2-9 Emery Road, Brislington, Bristol, BS4 5PF. It is registered with the General Pharmaceutical Council (GPhC) with number 9011543 at Unit 19-20, Bonville Business Centre, Bonville Road, Bristol, BS4 5QR. The Superintendent Pharmacist is Mr Ant Boysan BPharm (GPhC No. 2047716).

3. How our service works

3.1 Registration on our website: Before you can access our Consultative Services and Products you will first need to register an account on our website.

3.2 Health questionnaire: You will need to complete and submit an online health questionnaire. We will then, as an initial triage stage, review your responses and promptly confirm to you in writing whether your application for Treatment is suitable to be forwarded to our doctors to formally review. The health questionnaire is necessary as it will, subject to your application for Treatment passing the initial triage stage, provide our doctors with information that will help them to assess whether prescribing weight loss medication is safe and appropriate for you and, if so, which such medication is appropriate to prescribe. You acknowledge that there is no guarantee that submitting the health questionnaire will result in a prescription being given for the Products.

3.3 Entering into the contract: Provided that we have accepted your application at the medical questionnaire stage, you must then:

a. pay the agreed initial price for the Treatment as set out on our website;

b. provide us with a copy of your passport or driver’s licence and a photograph of yourself in order that we can verify your identity]. We will ensure that any such identification documents are stored securely; and

c. agree to these Terms of Sale.

Immediately upon completion of points (a), (b) and (c) above, your contract with us in relation to the Treatment will become effective. We will also send you an email to confirm that: (1) your completed questionnaire has been forwarded to one of our doctors to review and that we will get back to you shortly with a response; and (2) your initial payment in respect of the Treatment and form of identification have been received.

3.4 Initial doctor review:

3.5 What to expect following being issued with a prescription:

3.6 Our Treatment must not be used in an emergency. If you consider that you are in an emergency, please call 999.

4. Your responsibilities

4.1 Our Consultative Services and the provision of prescriptions of the Products are provided through an online service and, subject to clause 2.2(b), our communications with you will be online or by telephone. Any course of Treatment is based on the information you provide to us. In order that we can provide the Treatment most effectively, and safely, it is imperative that you are truthful and honest at all times in your communications with us.

4.2 You must ensure that:

a) You are at least 18 years old.
b) You are resident in the United Kingdom and require delivery of the Products to an address in the United Kingdom. We will only supply the Treatment and send Products to individuals who are resident in the United Kingdom
c) You only apply to receive the Treatment on behalf of yourself and not for anyone else.
d) All information and responses you provide to us are honest, complete and accurate in all respects and to the best of your knowledge.
e) If you are at all unsure about anything during the course of the Treatment, including any elements of the initial health questionnaire or any advice provided by us, please do contact us so that we can clarify this with you; alternatively, please contact your GP.
f) You co-operate with us in all matters relating to the Treatment.
g) You tell your GP about any Treatment we are to supply to you. Please let us know if you would like us to inform them on your behalf.
h) You always read all Product packaging, instructions, directions and labels carefully before use. You are responsible for taking Products correctly.
i) You store all Products securely and in accordance with any instructions or directions provided with or relating to the Products.
j) You ensure no-one else receives Products upon delivery or has access to the Products.
k) You always check the date on the box of the medication to ensure that it has not expired, and not take or use any Products which are beyond their expiry date.
l) You will notify us as soon as possible if there are any changes in your medical condition. This is important as any such changes may affect your suitability for treatment. Such changes would include any new diagnosis, new medication and a substantial decrease in your body mass index (BMI) to a level below any threshold which would deem you unsuitable for continuing to receive the Treatment.
m) You are authorised to use the payment card for which you pay for the Treatment.
n) You will: (1) check that the Products are the correct Products prescribed for you and that such Products are not damaged in any way; and (2) not consume any Products which are not the Products prescribed or which are damaged on arrival. Instead, you must contact us pursuant to clause 9.7.

5. Prescription of Products

5.1 All of our Products are prescribed and dispensed by ABSM Healthcare Limited t/a The Independent Pharmacy with registered company number 08515600 and registered office at Unit 3 Heston House, 2-9 Emery Road, Brislington, Bristol, BS4 5PF. It is registered with the General Pharmaceutical Council (GPhC) with number 9011543 at Unit 19-20, Bonville Business Centre, Bonville Road, Bristol, BS4 5QR. The Superintendent Pharmacist is Mr Ant Boysan BPharm (GPhC No. 2047716).

5.2 The Products will be provided to you pursuant to a prescription. It may be the case that prescriptions will be issued on a repeat basis (Repeat Prescriptions). The extent, and/ or number, of Repeat Prescriptions issued by our doctors will be entirely at his or her discretion.

5.3 We cannot dispense more Products than is permitted on any prescription. In that light, you will not be supplied with more than one Repeat Prescription every 30 days. Further to this, Repeat Prescriptions will only be supplied following receipt of payment pursuant to clause 7.3(b).

5.4 A Repeat Prescription will end if one of our doctors considers that you no longer require the Treatment and/ or Products (for example, if your BMI decreases to a suitable level whereby the Treatment and/ or the Products are no longer required). In such circumstances, you confirm that you will:

a. not consume any further Products; and
b. dispose of such Products pursuant to clause 10.3(b).

5.5 Without prejudice to our rights under clause 10.2, where a Product is out of stock or we are unable to fulfil a prescription, we will use reasonable endeavours to source alternative suitable medication, where applicable.

5.6 All Products will only be dispensed to you once our pharmacy is in possession of the relevant prescription in accordance with the rules of the General Pharmaceutical of Great Britain.

6. Consultative Services

6.1 We will use reasonable care and skill in providing the Treatment to you.

6.2 Our Consultative Services, including appointments with any of our doctors, health coaches and/ or dieticians, will be booked at dates and times that suit you. [We will send you an email to confirm the date and time of any appointment].

6.3 If:

a. you are unable to attend any appointment, you must let us know by either email to the details set out at clauses 2.2(a)(i) and 2.2(a)(ii) above at least 24 hours in advance of the start of the appointment; or
b. any of our clinicians need to cancel or postpone your consultation then they will let you know by either email or telephone, and we will then seek to agree with you a revised date and time for the appointment.

6.4 For the avoidance of doubt, we will not be liable to you if you are unable to access an appointment in respect of our Consultative Services for any reason within your reasonable control, including your failure to use appropriate equipment.

7. Prices and payment

7.1 The price of the Treatment will be the price indicated on our website at the date of submission of your health questionnaire pursuant to clause 3.2 and all prices stated are inclusive of VAT (to the extent applicable) and inclusive of the Consultative Services, Products and delivery of the Products. We take all reasonable care to ensure that the price of the Treatment advised to you is correct. However, please see clause 7.2 for what happens if we discover an error in the price of the Treatment.

7.2 It is always possible that, despite our best efforts, some of the Treatments we sell may be incorrectly priced on our website. Where the Treatment’s correct price is less than our stated price at the relevant time, we will charge the lower amount. If the Treatment's correct price is higher than the price stated to you, we will contact you for your instructions as in such cases we can only charge you the higher price. For the avoidance of doubt, in such circumstances you are able to terminate the contract in accordance with clause 10.1 or cancel the contract pursuant to clause 9.4 if you are within the Cancellation Period (as defined below). Where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract pursuant to clause 10.2 and will refund you any sums you have paid.

7.3 The Treatment will be provided to you on a subscription basis whereby you agree to the following payment arrangements:

a. an initial payment to be made pursuant to clause 3.3(a); and
b. thereafter, a recurring direct debit payment to be paid to us monthly in advance throughout the duration of the Treatment. For the avoidance of doubt, you:

i. agree to authorise such a direct debit payment arrangement; and
ii. accept responsibility for all recurring such charges.

8. Delivery

8.1 All Products will be delivered to you by registered parcel delivery service at the address provided by you at the time of ordering. Please follow any instructions provided by the relevant delivery personnel. Please be careful to ensure that others (including children and animals) do not access the delivered Products.

8.2 The Products will be your responsibility and, you will own such Products, subject always to compliance with clause 7.3, from the time we deliver the Products to your address.

8.3 If the Products are unable to be delivered to you for any reason, we will keep the Products for you for a reasonable and appropriate period given the nature and expiry date of the Products and contact you to rearrange delivery to you.

9. Cancellation, pausing Treatment and defective, damaged or wrong Products

9.1 Pursuant to regulation 27, part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs), the fourteen (14) day statutory right to cancel the contract (which would commence on the date that the contract becomes effective pursuant to clause 3.3) (Cancellation Period) does not apply to the provision of the supply of the Products. However, given that the Treatment includes the provision of Consultative Services, the Cancellation Period will apply to this contract. In that light, we ask you to confirm at the point of purchase that you agree to these Terms & Conditions which instruct us to commence performance of the Treatment during the Cancellation Period.

9.2 If you instruct us to begin the performance of the Treatment during the Cancellation Period, but then change your mind during the Cancellation Period, you agree that we may charge you an amount which is in proportion to the Treatment performed until you communicated the cancellation to us (for example, if one of our doctors starts to assess your condition by reviewing your completed questionnaire). This amount will be measured against the full amount of work that was envisaged in respect of the Treatment and taking into account the price of the Treatment.

9.3 If you do not expressly request us to start providing the Treatment prior to the end of the Cancellation Period, then you acknowledge that we will not begin commencing the Treatment until the Cancellation Period has expired.

9.4 To cancel the contract during the Cancellation Period please email us at the details set out in clauses 2.2(a)(i) and 2.2(a)(ii) respectively.

9.5 You may at any time pause the Treatment by emailing us in accordance with clause 2.2(a)(ii). Once you have paused the Treatment, you will no longer receive, nor be charged for, any further Treatment.

9.6 Please note that for safety reasons, we do not accept returns of the Products. If you have any unwanted Products then please dispose of them safely or take them to a local pharmacy for safe disposal.

9.7 If the Products you receive are defective, damaged or wrong, then you must contact us immediately upon receipt of such Products by email at the contact details set out in clauses 2.2(a)(i) and 2.2(a)(ii) respectively. We honour our legal duty to provide you with Products that are as described to you on our website and that meet all the requirements imposed by law. Pursuant to clause 9.6, we do not accept returns of the Products. In that light, we may require evidence from you in the form of, for example, photographs of the defect, damage or wrong Product. If we are reasonably satisfied that the Products are defective, damaged or wrong, we will arrange to resend you, at no further cost, replacement Products. If we are unable to replace the Product, then we will refund you (to the payment card from which the payment was made) the amount paid by you for the relevant month’s subscription and may terminate the contract in accordance with clause 10.2.

9.8 Clause 9.7 does not apply to Products you believe to be ineffective. If you think the Products are not working, then it may be the case that you need to make certain lifestyle changes in order to get the best possible results. Alternatively, a different treatment may be more suited to you. For further information on this, please either email us at the contact details set out in clauses 2.2(a)(i) and 2.2(a)(ii) respectively.

10. Termination

10.1 You can terminate this contract at any time by immediate notice to us using any of the methods of communication set out in clause 2.2. Please see clause 10.4 for further details of your rights when terminating the contract.

10.2 We can terminate this contract at any time by immediate notice to you in writing. Reasons for such termination may include:

a) We withdraw the Products.
b) You fail to pay us in accordance with these Terms of Sale.
c) We decide at any time that you are not, or no longer, suitable for the Treatment.
d) You have breached any terms of these Terms of Sale.
e) Following any changes in relevant laws and/ or regulatory requirements.
f) There is insufficient stock to deliver the Products pursuant to a prescription and we are unable to source suitable alternatives pursuant to clause 5.5.
g) There has been a mistake with pricing of the Treatment.

10.3 Should this contract terminate during the term of a prescription or Repeat Prescription of Products, you confirm that you will:

a) not consume any further Products; and
b) dispose of such Products safely or take them to a pharmacy for safe disposal. We do not accept returns of Products pursuant to clause 9.6.

10.4 Notwithstanding clauses 9.1 to 9.4 above (inclusive), if you terminate the contract at any time pursuant to clause 10.1 prior to Products being dispensed to you for the first time under this contract then we may, in our absolute discretion, issue you with a full refund. If such Products have been dispensed then we will be unable to issue you with a refund. Similarly, if you terminate the contract at any time during the course of the Treatment then we will only refund you in respect of that month’s subscription payment if we: (1) receive your termination notice; and (2) are able to instruct our pharmacy to not dispense the Products, prior to that month’s prescription of Products being dispensed to you.

10.5 Subject to clauses 3.4 and 10.6, if we end the contract at any time prior to Products being dispensed to you for the first time under this contract then we may, in our absolute discretion, issue you with a full refund. If such Products have been dispensed then we will be unable to issue you with a refund. Similarly, if we terminate the contract at any time during the course of the Treatment then we will only refund you in respect of that month’s subscription payment if we are able to instruct our pharmacy to not dispense the Products, prior to that month’s prescription of Products being dispensed to you.

10.6 If we end the contract for any of the reasons set out below:

a) you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;
b) you commit a material breach of the contract;
c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Treatment; or
d) you do not, within a reasonable time, allow us to deliver the Products and/ or provide the Consultative Services to you,
then, in addition to the provisions of clause 10.5, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.7 For the avoidance of doubt, if following termination of the contract for any reason, you wish to receive further weight loss treatments similar to or the same as the Treatment, then you will need to submit a new health questionnaire pursuant to clause 3.2 and go through the full review process again.

11. Liability

11.1 We will not accept any liability to you for damages, losses or otherwise which result from you not: (1) adhering to any of the above obligations set out in this clause 4; or (2) following the advice given by any of our [in-house or ]partner doctors, health coaches or dieticians.

11.2 If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.3 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; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Products and for defective Products under the Consumer Protection Act 1987.

12. How we use your personal information

12.1 We care about your privacy and only use your personal information in accordance with our privacy policy (https://chequp.com/pages/privacy-policy).

12.2 We will comply with all applicable requirements under all legislation and regulatory requirements in force from time to time which apply to us relating to the use of your personal data.

13. General

13.1 We are not responsible for delays outside our control. If the provision of the Treatment is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

13.2 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We will tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.

13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to obtain the agreement of any other person in order to end the contract or make any changes to these Terms of Sale.

13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Sale, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms of Sale are governed by English law and you can bring legal proceedings in respect of the Treatment in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Treatment in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Treatment in either the Northern Irish or the English courts.

13.7 Interpretation

a. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
b. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
c. A reference to writing or written includes email.

14. Reliable System Availability

                  a. We endeavour to make our systems available 100% of the time. In the event of planned maintenance or unforeseen downtime, we will notify our customers promptly through our website's status page and other appropriate channels.
                  b. We aim to resolve service disruptions within the first 24 hours, and we will keep you updated on the progress - all updates can be found in                         real time in our status page here: https://chequp.statuspage.io/ 
                  c. In the event that service disruptions occur for longer than 24 hours, all affected customers will be notified via email with a full explanation                           on the issue and when to expect the service to be back on.
                  d. In the event any appointments cannot occur due to service disruptions alternative methods will be found, such as phone calls or                                           rescheduling of the appointments; No partial refunds are issued for service disruptions.
                  e. Third-party disruptions; In our status page we include the status of third party products which we use for our service, in the event any of                               these services are down, our customers are able to verify the status in our status page in real time. The third party products include Shopify, Zoom and Digital Ocean.

15. Refunds on delivery fees 

Delivery fees are non refundable once the parcel has been picked and packed at our warehouse; this process is automated and may take 15 to 30 min to occur after the customer places their order. 

For Yodel delays; The Yodel delivery fee is only refundable if the delay has taken 4 business days or more and if the client has advised Chequp that they haven't received their order before the 5th business day after they place their order. The client will be offered either a refund of the delivery fee and their order or a free re-dispatch of the parcel, if the client chooses the free replacement kit, then the delivery fee is not refundable.

For DPD delays: The DPD delivery fee is only refundable if the delay has taken 2 business days or more and if the client has advised Chequp that they haven't received their order before the 3th business day. The client must purchase the product before 17:30 on a business day to get their parcel the Next Day - if the client does not get it the next day, the client must warn us that they haven't received it and Chequp will seek alternative solutions for the client.

For Weight Loss: Prescription medications are not refundable on their entirety once dispatched - the request to cancel the delivery of the prescription medication must be made at least 36 hours in advance of the scheduled dispatch of the medication. 

16. Price Increases

We reserve the right to adjust the price of our weight loss medication in the event of increases in costs from our suppliers. Any such price increase will not exceed 20% of the current price without prior notification to our customers. If circumstances necessitate a price increase beyond 20%, we will notify all affected customers before the increase takes effect. This notification will include the reason for the increase and customers will have the option to either proceed with the purchase at the new price or cancel the order without any penalty.

17. Service Expiry