The Lowdown: Pharmacy Service Terms & Conditions
1. What These Terms Cover
1.1.1 Registration as a patient on The Lowdown for purposes of obtaining certain contraceptive medicines as indicated on this website, or category thereof (i.e. daily contraceptive medicines or emergency contraceptive medicines);
1.1.2 Completing an online health-related questionnaire for purposes of ordering the contraceptives you wish to obtain;
1.1.3 if necessary, consulting with one of Phlo’s clinicians; and
1.1.4 if clinically appropriate in the circumstances, the prescription and dispensing by the relevant clinician of the relevant medicine to you, and the delivery of such medicine to you,
(collectively, the “Services”). See further at clauses 4 to 6 for more details regarding the Services.
Please note that the Services are not to be used in an emergency situation (other than for the purchasing of “emergency” contraceptives). If you believe that you, or the person you are assisting, is in an urgent or emergency situation, you should immediately dial 999 or seek alternative emergency medical services.
1.2 Why you should read them. It is important that all users of The Lowdown have a safe and pleasant experience. As such we have put in place these terms and conditions, so that as a user of this website you know what to expect. Therefore, please read these terms carefully before you continue to use this website and engage our Services. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not understand any aspect of these terms and conditions, please let us know and we will clarify any queries you may have. If you do not accept and agree to these terms and conditions, please refrain from using this website or any of the Services we provide. By registering and signing-up to the Services, you agree to be bound by these terms and conditions. We may change or modify these terms and conditions from time to time and it is your responsibility to make sure you are up to date with these changes.
2. Information About Us and How to Contact Us
2.1 Who we are. This website and app is owned by Get The Lowdown Ltd., a company registered in England and Wales, and the company’s The Lowdown team provides the Services. Our company registration number is 11739412 and our registered office is at 1 Lancaster Place, Twickenham, London, TW1 1HR.
2.2 How to contact us. For general queries, you can contact us at 07787686281 or by emailing us at hello@thelowdown.com
2.3 How we may contact you. 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 provide to us during the registration process (see clause 4 below).
2.4 Professional standards. The relevant aspects of the Services are provided by Phlo Technologies Ltd and its qualified independent prescribing pharmacists who are registered with the General Pharmaceutical Council in the UK. All of their pharmacists comply with the requirements of their respective professional bodies, the standards set by the healthcare regulators we are registered with.
2.4.1. Phlo Technologies Ltd registered address is:
C/O Gillespie & Anderson
147 Bath Street
Glasgow
Lanarkshire
United Kingdom
G2 4SN
Company number: SC496769
Email pharmacy@wearephlo.com
Phone: 02081919444
Website: https://wearephlo.com
2.4.2 The Lowdown is assisted by qualified pharmacists and operates from registered pharmacy premises under General Pharmaceutical Council registered premises number 9011171. at:
Unit 1 Fifth Street
Trafford Park
Manchester
England
M17 1JX
The owner of the registered pharmacy is Phlo Technologies Ltd. The details of the current registered Superintendent Pharmacist is: Dennis Ouko, MPharm, Registration Number: 2205052.
2.4.3 The details of Phlo’s clinical team can be found below:
- Dennis Ouko – Registration number: 2205052
- Tosin Edeki – Registration number: 2077334
- Bernard Doro – Registration number: 2062265
- Javed – Registration number: 2087439
- Aisha Malik – Registration number: 6128319
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Registration
3.1 Requirement to register. You warrant that the information you provide during the registration process is accurate and complete. You agree to update your registration details promptly if they change.
3.2 Your warranties. For purposes of the registration process, you warrant that:
3.2.1 the personal data that you are required to provide when you register as a patient is true, accurate, current and complete in all respects;
3.2.2 you will notify us immediately of any changes to the personal data by updating these details on your online account; and
3.2.3 that you are 18 years or older.
3.3 Username and password. During the registration process you will be allocated, or invited to choose, your own username and password which will be unique to you, so as to ensure a secure personal online patient record. You are responsible for keeping your username and password confidential and for ensuring that they are not used by any other person.
3.4 Verifying your identity. We may use third party service providers to verify your identity so as to ensure that you are a genuine patient. By registering with us and signing up for the Services, you agree as follows:
3.4.1 the appointed third-party service provider and/or any of their appointed agents can carry out all necessary searches, including searches of consumer credit records, in order to verify your information;
3.4.2 that you have read the third-party service provider privacy policy and you agree to all your personal data being processed in accordance with the service provider’s privacy policy; and
3.4.3 you confirm to the best of your knowledge having exercised all due skill and care that the information you provide is complete, true and correct.
4. Our Contract with you
4.1 Brief Overview of the Services. We, with the assistance of registered pharmacists, provide thorough medical consultations via our online questionnaires completed by you. Through your completed questionnaire we are able to determine if you are suitable for the treatment you desire. It is at the discretion of our prescribers to accept or decline an order based on their medical assessment of your completed questionnaire. If it is determined by the prescriber that you are eligible for treatment, a confirmation notification will be sent informing you about the progress of your order. The pharmacy team will thereafter dispense and post the medicines directly to you.
4.2 Completion of questionnaire. Once you have been successfully registered with The Lowdown in terms of clause 4 above, you will be requested to complete a health-related questionnaire for the purposes of ordering the contraceptive medicine or contraceptive medicine category you wish to obtain. Please note that the information and advice provided by The Lowdown when you use the Service is based on the information you supply to us. It is your responsibility to ensure this information is correct and complete, and you accept that failure to do so (whether intentionally or not) will affect the information and advice we give to you and the medicines we supply to you and, as such, may have consequences for which we are not responsible.
4.3 Payment. Prior to submitting your questionnaire and order for your desired contraception, you will be required to make payment for your order, as directed. We will issue you with an invoice. See further clause 7 below regarding general payment terms, including, where relevant, subscription plans.
4.4 Assessment by prescribers and prescription of medicine. Upon receipt of your completed questionnaire and payment, Phlo’s prescribers aim to respond within 24 hours on weekdays, and 48 hours on weekends. Please note that these timelines are only a guideline and, although we will endeavour to meet these timelines, we cannot guarantee such timelines. Phlo’s prescribers can only make a decision as to whether it is in the best interests of the patient to receive a medicine when he/she has all relevant information. On occasion, this may require the prescriber to ask you for additional information further to the information that was provided in response to an online questionnaire. If it is determined by our prescriber that it is not clinically appropriate to prescribe the requested medicine or category of medicine, a refund will be issued to you within seven working days and a notification will be sent out to you, informing you of the reason why the treatment was declined.
4.5 Concluding a binding contract. When we receive your completed questionnaire, payment and order for the Services, we will confirm that we have received your order by sending a confirmation email to the contact email address that you supplied. Your order is an offer to purchase the Services and will not be binding on us until we prescribe your medicine. Professional codes of conduct and legal restrictions may limit the number and frequency of any item we are permitted to supply to you and, as such, we have no obligation to supply quantities exceeding the relevant permitted maximum and will charge only for those we do supply. We reserve the right to reject any order.
4.6 NO RIGHT TO CANCEL THE ORDER/AGREEMENT. Please note that when you take up a service that involves the prescribing of medicines (such as the Services), this will require us to perform an assessment of your clinical suitability for the medicines before the medicines can be prescribed or otherwise approved for supply – in other words, the supply of the Services (including the prescriber’s assessment of your questionnaire and prescription of medicines) is personalised to you. You agree to us commencing this service and an assessment of your clinical suitability for medicines when you place the order and, as such, you will have no legal right to cancel your order under applicable consumer protection legislation, including to the extent applicable, The Consumer Protection (Distance Selling) Regulations 2000 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Under certain limited circumstances, we may, using our sole discretion and considering the circumstances, consider a cancellation request from you if we receive such request prior to us confirming your order via e-mail.
4.7 Delivery. We offer free Standard Delivery or DPD for medicines that are sent in the post. During the order process, we will let you know when we will dispense the dispensed medicine and deliver it to you. For general delivery terms, see clause 5 below.
4.8 Non-availability/substitutes. In the event that we are unable to fulfil a prescription, we will contact you to agree to an alternative pharmacy that we have already identified as having the item available. The original prescription/order will be revoked and a new prescription/order will be sent to the new pharmacy.
4.9 Returns. Notwithstanding the limitation on your right to cancel your order, in terms of applicable regulations, we cannot accept any medicine returned to us (and resell it) from the moment such medicine leaves our premises. However, should you, at your own cost, wish to return unwanted medicine to us, we will facilitate the destruction thereof in accordance with applicable regulations. Please contact us should you intend to return any unwanted medicines.
4.10 Follow-up. The Lowdown team may contact you to check how you are doing after using the Services. We may also contact you for feedback about your experience, to help us improve and to ensure we meet your future needs. From time to time, we may use anonymised or pseudonymised information to carry out an evaluation of our service, to report on and improve the standards of clinical care and service we provide, and to help inform good clinical practice.
4.11 Your commitments when using the Services. As the patient, you agree that:
4.11.1 you will answer all questions truthfully and fully;
4.11.2 you will not register more than once;
4.11.3 you will not register or complete questionnaires on behalf of anyone other than yourself;
4.11.4 you will read carefully each message uploaded into your secure online patient record before taking any medicines that our clinicians have prescribed, and comply with any instructions given for each medicine. If you are uncertain as to how to take any medicine we have provided to you, you will contact us and not use the medicine until you have sufficient information from us and understand the correct instructions;
4.11.5 you will accept the prescriber’s decision if he/she determines that it is not in your best interests to receive the requested medicine or medicine category without the benefit of a face to face consultation;
4.11.6 for certain matters, it is mandatory that we notify your GP of your treatment with us. However, we will always offer to notify your GP of any medicines that we have prescribed, but if you decline to take up our offer to contact your GP, it is your responsibility to notify your GP. If you decide not to notify your GP, it is important that you keep a record of any medicines that we have prescribed. However, please note that in an emergency situation, we may need to contact a healthcare professional, social services or the emergency services without your consent, even where you have declined any of our offers to contact your GP;
4.11.7 you will ensure that no-one other than yourself has access to any medicines that we make available to you.
4.11.8 where applicable, you will ensure that any medicines prescribed in advance of need are not used beyond their expiry date; and
4.11.9 you will inform us via your online patient record if you experience any side-effects from any medicines we make available to you, or if you think that any medicine we made available to you has not been effective.
5. Delivery of the Dispensed Medicine
5.1 We are not responsible for delays outside our control. If our supply of the dispensed medicine 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.
5.2 If you are not at home when the dispensed medicine is delivered. If no one is available at your address to take delivery and the dispensed medicine cannot be posted through your letterbox, we, through the relevant third-party service provider, will leave you a note informing you of how to rearrange delivery or collect the dispensed medicine from a local depot.
5.3 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the item(s) from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 6.2 may apply.
5.4 When you become responsible for the dispensed medicine. The dispensed medicine will be your responsibility from the time we deliver it to the address you gave us.
5.5 When you own the dispensed medicine. You own the medicine once we have received payment in full.
5.6 Notification of errors. You should check the content of each delivery promptly upon receipt. If you believe that the content of the delivery was sent to you in error, you should contact us immediately.
6. Our Rights to End the Contract
6.1 We may end the contract if you break it. To the extent that a binding contract has already been entered into (see clause 4.6), we may end the contract for the Services at any time by writing to you if:
6.1.1 you do not make any payment to us when it is due and you still do not make payment within two days of us reminding you that payment is due;
6.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, as required during the registration and questionnaire processes; or
6.1.3 you do not, within a reasonable time, allow us to deliver the dispensed medicine to you or collect the item(s) from us.
6.2 You may need to compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for the Services we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract depending on the date on which we end the contract.
7. Price and Payment
7.1 Where to find the price for the Services. The price of the Services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Services advised to you is correct. However, please see clause 7.3 for what happens if we discover an error in the price of the Services you order.
7.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
7.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services (and medicines) we provide may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
7.4 When you must pay and how you must pay. You must pay prior to submitting your questionnaire and order for your desired medicine or medicine category. We accept payment with Paypal, Visa, Mastercard and American Express.
7.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
7.6 Subscription plans. Where applicable (for example, for repeat contraception medicine prescriptions), by signing up to one of our subscription plans, you agree to be charged the repeat payment of the specified amount from the payment card you used when signing up to the Services. This is known as a Continuous Payment Authority. If your payment fails and you do not update your card details when prompted, your plan will automatically be terminated. You can cancel your plan at any time by contacting our customer services team and you will not be charged a cancellation fee. However, if your treatment has already been sent out when you attempt to cancel, you may still be charged for that specified payment. Our prescribers have the right to review your suitability for your treatment plan at any given time and can terminate your plan if they deem you unsuitable for the Services. You are also required to complete a clinical review every six months or one year depending on what plan you have signed up for, however, if you do not complete the review questionnaire before your next treatment is due, your plan will be automatically terminated and you will be notified of this.
8. Our Responsibility for Loss and Damage.
8.1 The Lowdown accepts full clinical responsibility for all of its patients to the full extent that the law requires. We will not be liable for any loss or damage (in contract negligence or otherwise) where:
8.1.1 there is no breach of a legal duty of care owed to you by us; or
8.1.2 the loss or damage is not a reasonably foreseeable result of any such breach; or
8.1.2 any loss or damage or increased risk of loss or damage results from a breach by you of these terms and conditions.
8.2 In particular, we are not responsible for:
8.2.1 loss or damage caused by you providing inaccurate or incomplete information;
8.2.2 loss of your emotional well-being including, but not limited to, any embarrassment caused;
8.2.3 loss of income or anticipated profits;
8.2.4 loss of opportunity;
8.2.5 loss of goodwill or injury to reputation
8.2.6 losses suffered by third parties; or
8.2.7 any indirect, consequential, special or exemplary damages arising from the use of the Services regardless of the form of action.
8.3 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; or for fraud or fraudulent misrepresentation. Nothing in these Terms and Conditions affects your statutory rights.
9. Other Important Terms
9.1 We may transfer this agreement to someone else. 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.
9.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing beforehand. Nobody else has any rights under this contract.
9.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms 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.
9.4 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, 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. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
9.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
10. Complaints
10 We have standard operating procedures in place to ensure that we handle complaints in the best way possible. When we receive a complaint, we ensure that we:
10.1.1 receive complaints with respect and courtesy;
10.1.2 treat complaints as confidential;
10.1.3 accept complaints made orally or in writing or if made electronically;
10.1.4 establish whether the complainant has grounds for making a complaint. NB – in practice, this may be instantly apparent without the need for analysis or further questioning to establish. However, if analysis is required then in order to have grounds for a complaint an affected person must have been affected by an action, omission, or decision of the pharmacy OR must have received services (private or NHS/HSC) from the pharmacy; and
10.1.5 If there are no grounds for complaint, The Lowdown does not need to proceed with the complaint.
10.2 Please note that the time it will take to handle an investigation is solely dependent on the type of complaint. Be assured that we will inform you via email or telephone each step of the way on how we are dealing with your complaint.
11. Applicable Regulatory Authorities
Medicines & Healthcare products Regulatory Agency (MHRA)
Address: 151 Buckingham Palace Road
London
SW1W 9SZ
Email: info@mhra.gov.uk
Telephone: 020 3080 6000
Fax: 020 3118 9803
Website: http://medicine-seller-register.mhra.gov.uk
General Pharmaceutical Council (GPhC)
Address: 25 Canada Square London, E14 5LQ London
SW1W 9SZ
Email: info@pharmacyregulation.org
Telephone: 0203 713 8000
Website: https://www.pharmacyregulation.org
