Terms of Use

Terms of Use

1.Introduction

1.1. Our website charac.co.uk (“Website”) is operated by Charac Limited registered in England and Wales under company number 12504326 with registered office at March Studios, Peills Yard, Bromley, Kent, United Kingdom, BR2 9NS (“we”, “us” or “our”).
1.2. We own and operate the Site and the Charac smartphone app for iOS and Android devices (our “App”). We refer to the Site and the App collectively as our “Platform”.
1.3. Charac provides a platform that connects you with selected pharmacies around the United Kingdom ( the “Pharmacies”), to enable you to book certain services through the Platform as made available by the Pharmacy or Pharmacies for which you are registered through the Platform, including: Booking an appointment with a pharmacist (in-person); Booking an appointment with a pharmacist (through video/ telephone); Booking an appointment for blood tests/ other medical tests; and, if available, purchasing products from the Pharmacy through our Platform (the “Pharmacy Services”).
1.4. The following Terms of Use together with the other applicable terms listed below govern your use of our Platform and our Pharmacy Services. By using our Platform and/or Pharmacy Services, you accept these Terms of Use in full. If you do not agree to these Terms of Use, you must not use our Platform.
1.5. You should visit these Terms of Use and the Privacy Policy each time you visit our Platform to review the current Terms of Use to which you must abide.
1.6. We are serious about reading and considering all feedback we receive. If you have any questions, concerns, or comments regarding these Terms of Use, please contact us at dataprotectiondesk@charac.co.uk

2. Other applicable terms

2.1. These Terms of Use refer to the following additional terms, which also apply to your use of our Platform:
  • 2.1.1. our Privacy Policy which sets out the terms on which we may process any personal data we collect from you or that you provide to us;
  • 2.1.2. our End User Licence Terms, which set out the terms for how to use the Platform and Pharmacy Services; and
  • 2.1.3. If you receive Pharmacy Services through our Platform, the pharmacy from which you have received the Pharmacy Services will have their own terms and conditions and privacy policy, which will apply to your booking appointments and, if available, purchasing products. Please ensure you read these terms and conditions and privacy policy in full before booking an appointment and, if available, purchasing products.

3. Changes to these Terms of Use

3.1. We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you. When changes are made, we will update the “last updated” date at the end of these Terms of Use.

4. Changes to our Platform

4.1. We may update our Platform from time to time, and may change the material we publish on our Platform (“Content”) at any time. However, please note that any of the Content on our Platform may be out of date at any given time, and we are under no obligation to update it.
4.2. We do not guarantee that our Platform, or any Content on it, will be free from errors or omissions.

5. Accessing our Platform

5.1. We do not guarantee that our Platform, or any information on it, will always be available or be uninterrupted. Access to our Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Platform without notice. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.
5.2. You are responsible for making all arrangements necessary for you to have access to our Platform.
5.3. You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

6. Your account

6.1. Some parts of our Platform are only made available to members who have completed a registration process.

6.2. You must treat all registration information as confidential, and you must not disclose it to any third party.
6.3. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, in our sole discretion without notice or explanation to you, including (but not limited to) if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
6.4. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by contacting us at customerservicedesk@charac.co.uk

7. Reliance on information posted on our Platform

7.1. Although we use our reasonable efforts to update the Content, we make no representations, warranties or guarantees, whether express or implied that the Content is accurate, complete or up-to-date.

8. Our Platform is only for users in the UK

8.1. Our Platform is directed to people residing in the United Kingdom. We do not represent that content available on or through our Platform is appropriate for use or available in other locations.

9. Intellectual property rights

9.1. We are the owner or licensee of all intellectual property rights in our Platform, and in the Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and unless otherwise specified, the authors of such works asserts their moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the author of the relevant works.
9.2. You may print off one copy, and may use small quotations extracted from any page(s) of our Platform for your personal use provided you acknowledge the Platform (and author) and, where applicable, provide a link back to the original source. You must not use any part of the Content on our Platform for commercial purposes without notifying us of your intentions and obtaining a licence to do so from us or our licensors.
9.3. You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4. If you print off, copy or download any part of our Platform in breach of these Terms of Use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9.5. Nothing on this Platform should be construed as granting, by implication or otherwise, any licence or right in or to our intellectual property rights without our express written permission.

10. Viruses, hacking and other offences

10.1.We do not guarantee that our Platform will be secure or free from bugs or viruses.
10.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Platform. You should use your own virus protection software.
10.3. You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our sites via a denial-of-service attack or a distributed denial-of-service attack.
10.4. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

11. Linking to our Platform

11.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2. You must not establish a link from any websites that are not owned by you.
11.3.Our Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the home page. We reserve the right to withdraw linking permission without notice.
11.4.If you wish to make any use of material on our Platform other than that set out above, please address your request to marketingdesk@charac.co.uk.

12. Links from our Platform

12.1. Where our Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13.Acceptable Use

  • 13.1.You may use the Platform only for lawful purposes. You may not:
13.1.1. use the Platform in any way that breaches any applicable local, national or international law or regulation;
13.1.2. use the Platform in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
13.1.3. use the Platform for the purpose of harming or attempting to harm minors in any way;
13.1.4. use the Platform to bully, insult, intimidate or humiliate any person;
13.1.5. use the Platform to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (see below);
13.1.6. use the Platform to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
13.1.7. use the Platform to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
13.1.8. use the Platform to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of these Terms of Use;
13.1.9. access without authority, interfere with, damage or disrupt:
                 13.1.9.1. any part of the Platform;
                 13.1.9.2. any equipment or network on which the Platform is stored;
                 13.1.9.3. any software used in the provision of the Platform;
                 13.1.9.4. any third party software used in the provision of the Platform;

14. Content Standards

  • 14.1. The content standards set out in this clause (“Content Standards”) apply to any and all material which you send to us via our Platform (“Contribution”).
  • 14.2. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
  • 14.3. We will determine, at our discretion, whether a Contribution breaches the Content Standards.
  • 14.4. A Contribution must: (i) be accurate (where it states facts); (ii) be genuinely held (where it states opinions); and comply with the law applicable in England and Wales and in any country from which it is posted.
  • 14.5. A Contribution must not:
    • 14.5.1. be defamatory, offensive, hateful, deceptive, threatening, abusive or in contempt of court;
    • 14.5.2. promote sexually explicit material, violence, discrimination or any illegal activity;
    • 14.5.3. infringe any copyright, database right or trade mark of any other person;
    • 14.5.4. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
    • 14.5.5. contain any advertising or promote any services or web links to other sites.

15. Breach of these Terms of Use

  • 15.1. When we consider that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate.
  • 15.2. Failure to comply with these Terms of Use constitutes a material breach of these Terms of Use upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
    • 15.2.1. immediate, temporary or permanent withdrawal of your right to use our Platform
    • 15.2.2. immediate, temporary or permanent removal of any Contribution uploaded by you to our Platform;
    • 15.2.3. issue of a warning to you;
    • 15.2.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    • 15.2.5. further legal action against you; and
    • 15.2.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
  • 15.3. We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

16. Our responsibility for loss or damage suffered by you

16.1. 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 and for fraud or fraudulent misrepresentation.
16.2. Different limitations and exclusions of liability will apply to liability arising as a result of your interaction with any pharmacy on the Platform – your relationship with the pharmacy will be governed by their terms and conditions and their privacy policy. Please request details of your pharmacy’s terms and conditions and privacy policy directly from your local pharmacy.
16.3. Please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.4. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

17. Jurisdiction and applicable law

17.1. These Terms of Use are governed and construed in accordance with the laws of England. We both agree to the exclusive jurisdiction of the courts of England. If you are deemed a consumer and live in Scotland or Northern Ireland, you can bring legal proceedings in the Scottish, Northern Irish or the English courts.

18. Miscellaneous

18.1. If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18.2. These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.

19. Contact Us

19.1. To contact us, please email customerservicedesk@charac.co.uk.
19.2. In-browser chat support. You can also contact us by using the in-browser chat support function on our Website. We will be available to chat between 9am-5pm (UK time), Monday – Friday.

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