January 29, 2016

Terms

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) by which the DIMEC App should be used. Please take time to read and understand this page. Click here to review our Privacy Policy.

These Terms will apply to any contract between us for use and ordering of prescriptions (Contract). Please read these Terms carefully and make sure that you understand them before using the App. Please note that by using the App, you agree to be bound by these Terms and the other documents expressly referred to in it.

You should print a copy of these Terms for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 28/04/17.

These Terms, and any Contract between us, are only in the English language.

1 Information about us

1.1 We operate the website www.dimec.me. We are DIMEC® Limited, a company registered in England and Wales under company number 08357848 and with our registered office Med IC 4, Keele University Science and Business Park, Staffordshire ST5 5NL and main trading address at Innovation Centre 1, Keele University Science and Business Park, Staffordshire ST5 5NB. Our VAT number is GB165808876.

1.2 To contact us, please see our Contact Us page https://www.dimec.me/contact-us.

2 Our service

2.1 The DIMEC App is to be used for pairing with your GP records, placing prescription requests with your GP and using other reminder features.

2.2 Only use the linkage key information you were provided by your GP

2.3 We are not able to see your medical records; this is only available on the device you registered, thereby ensuring complete confidentiality. We are not able to help with specific medical requests. This should be taken up with your GP/Pharmacy.

3 Use of our App

Your use of our App is governed by our Terms of website use and Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

4 How we use your personal information

We only use your personal information in accordance with our Privacy Policy.  For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

5 If you are a consumer

This clause 5 only applies if you are a consumer.

5.1. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6 If you are a business customer

This clause 6 only applies if you are a business.

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our App to purchase a license agreement.

6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

7 How the contract is formed between you and us

7.1 For the steps you need to take to place on order on our site, please see our website www.dimec.me

7.2 Our order process allows you to check and amend any errors before submitting your order to your GP. Please take the time to read and check your order at each page of the order process.

7.3 After you place an order, you will receive an e-mail from us acknowledging that your order has been sent to the surgery. However, please note that this does not mean that your prescription has been authorised by your GP.

7.4 If your GP does not authorise your order with a prescription, your nominated pharmacy will set the order as ‘request not issued’. At this point, you should take this up with your surgery to find out the reason why your request was not issued.

8 Our right to vary these terms

8.1 We may revise these Terms from time to time in the following circumstances:

8.1.1 changes in how your GP surgery accepts prescription requests; and/or

8.1.2 changes in relevant laws and regulatory requirements.

8.2 Every time you place a prescription request through the App, the Terms in force at that time will apply to the Contract between you and us.

8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

9 How to pay

9.1 If you are exempt from prescription charges or pre-pay for your prescriptions, select this option within the App. Adding card numbers and expiry dates are recommended, but optional.

9.2 For those that pay for their prescriptions, you will only be charged when you collect your medicines by your local pharmacy. The DIMEC App does not take payments within the App.

10 Our liability if you are a business

This clause 10 only applies if you are a business customer.

10.1 We only supply a license for the App for internal use by your business, and you agree not to use the Product for any re-sale purposes.

10.2 Nothing in these Terms limit or exclude our liability for:

10.2.1 death or personal injury caused by our negligence;

10.2.2 fraud or fraudulent misrepresentation;

10.2.3 defective products under the Consumer Protection Act 1987.

10.3 Subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business, or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings, loss of goodwill or any indirect or consequential loss.

10.4 Subject to clause 10.2 and clause 10.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the license.

10.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the license. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

11 Our liability if you are a consumer

11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

11.2 We only supply the App for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3 We do not in any way exclude or limit our liability for:

11.3.1 death or personal injury caused by our negligence;

11.3.2 fraud or fraudulent misrepresentation;

11.3.3 defective products under the Consumer Protection Act 1987.

12 Events outside our control

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.

12.2 An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport].

12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

12.3.1 we will contact you as soon as reasonably possible to notify you; and

12.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

13 Communications between us

13.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

13.2 If you are a consumer:

13.2.1 To cancel a Contract in accordance with your legal right to do so, you must contact us in the manner specified and;

13.2.2 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to DIMEC® Limited at Innovation Centre 1, Keele University Science and Business Park, Staffordshire ST5 5NB or at info@dimec.co.uk. You can always contact us using our Customer Services telephone line.

13.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

13.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

14 Other important terms

14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

14.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

14.8 We will not file a copy of the Contract between us.