KNOWMALARIA® TERMS AND CONDITIONS

1.Introductions

1.1 These terms and conditions apply to your use of the knowmalaria website (the “website”). The website is designed to allow you to receive advice about which anti-malarial medicines are suitable for your circumstances and to purchase appropriate anti-malaria medicines. Where necessary we will seek to procure a private prescription on your behalf in order that you can purchase a prescription only medicine.

1.2 All use of the website is subject to these terms and conditions.

1.3 Use of the website is only intended for individuals aged 18 or over who are resident in the United Kingdom. Any medicines ordered will only be delivered within the United Kingdom.

1.4 knowmalaria is a trading name of Health Team Limited (a company registered in England with number 5740569) whose registered office is at 14 Park Row, Nottingham, NG1 6GR.

1.5 knowmalaria is not a medical practitioner, nor is it qualified to give medical or pharmacy advice. knowmalaria works in partnership with FMC Marketing Limited which is registered with the CQC as an independent medical advisor and private prescriptions are issued by their qualified doctor(collectively the “Qualified Medical Advisors”). FMC Marketing is clinically responsible for the provision of healthcare. knowmalaria is independent of all other companies operated by FMC Marketing Limited.

2.Anti-Malarial Advisory Service

2.1 knowmalaria provides an on-line web application that will, in most cases, be able to advise you of appropriate anti-malarial medicines for your circumstances (the “Anti-Malarial Advisor”). In some cases, the Anti-Malaria Advisor may not be conclusive and you will be offered the opportunity for an online or telephone consultation with a nurse, pharmacist or doctor (as appropriate) provided by our Qualified Medical Advisors.

2.2 You are responsible for entering honest and accurate information into the Anti-Malarial Advisor. knowmalaria has no responsibility to you if you fail to enter honest and accurate information and this results in you ordering medicine from us, or another party, that is inappropriate for your circumstances.

2.3 If the information you input into the Anti-Malarial Advisor results in one or more anti-malarial medicines being suitable for your circumstances, you will be offered the opportunity to purchase the relevant medicines as described in these terms and conditions.

2.4 If the information you input into the Anti-Malarial Advisor results in no antimalarial medicines being suitable for your circumstances, we regret we will be unable to help you unless a Qualified Medical Advisor can assist you pursuant to clause 2.5 below. No charge is made for use of the Anti-Malarial Advisor.

2.5 If the information you input into the Anti-Malarial Advisor results in one or more anti-malarial medicines potentially being suitable for your circumstances but more information is required to determine this, we will offer you the opportunity of a consultation with a nurse, pharmacist or doctor (as appropriate) provided by our Qualified Medical Advisors. Such consultation will be subject to a consulting fee, payable in accordance with clause 3.3.2 below, whether or not the Qualified Medical Advisor is able to definitively recommend a suitable anti-malarial medicine for your circumstances. If the Qualified Medical Advisor cannot assist you, we suggest in this case that you contact your own GP or NHS Direct.

2.6 Private prescription

2.6.1 Some anti-malarial medicines are available only with a private prescription.

2.6.2 If you select a prescription only medicine as your preferred choice, you may request knowmalaria to procure on your behalf a private prescription from a qualified and registered medical doctor.

2.6.3 knowmalaria will, using the details you have provided to it, request a private prescription from its Qualified Medical Advisors. Dispensing of a private prescription is at the discretion of the Qualified Medical Advisors and knowmalaria cannot guarantee a private prescription will be issued.

2.6.4 If a private prescription is issued confirmation of such will be supplied bythe Qualified Medical Advisor to the knowmalaria pharmacy, or if you prefer another knowmalaria pharmacy. Such electronic confirmation will be sufficient for the relevant pharmacy to dispense the medication and no physical prescription document will be issued to you.

2.6.5 If issued, a private prescription must be paid for in accordance with clause 3.3.2,.

2.6.6 Individuals may only apply for a private prescription for their personal use or on behalf of a child for whom they are the parent or registered guardian.

2.7 You acknowledge and agree that:

2.7.1 you have consented to the consultation services provided by the website(including with our Qualified Medical Advisors if applicable);

2.7.2 the consultation is provided purely to determine the most appropriate anti-malarial medicine for your circumstances. Your circumstances shall include age, general health, relevant parts of your medical history,whether you are pregnant or a nursing mother, the location and duration of your visit to a malaria-risk area and other relevant factors determined by knowmalaria and its Qualified Medical Advisor;

2.7.3 no medicine is guaranteed to be 100% effective and notwithstanding your taking anti-malarial medicines recommended by knowmalaria, you may nevertheless contract malaria. Full details of the efficacy of the medicine you select are available in the patient information leaflet that accompanies your medication (the “Patient Information Leaflet”);

2.7.4 if you experience any side-effect from an anti-malarial medicine recommended by knowmalaria, you will contact a health professional for consultation, monitoring and, if necessary, treatment. Please note that some medicines have minor side-effects and these are highlighted in the Patient Information Leaflet and may be entirely normal, however if you have any concerns you must contact a health professional;

2.7.5 you have provided complete, timely and truthful information with no omissions that could reasonably be judged to be required in determining the appropriate medicine for your circumstances; and

2.7.6 you will check all items dispensed to you to make sure it is the item you ordered, it is unopened and does not appear to have been tampered with.

3.Sale of Medicines

3.1 Orders

3.1.1 If you place an order for medicine on the website, you will receive an email from knowmalaria acknowledging that your order has been received. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to knowmalaria to buy the medicine. All orders are subject to acceptance by knowmalaria and will only be confirmed when you are sent an email that confirms when the medicines will be dispatched (the “Dispatch Confirmation”). The contract between us will only be formed when knowmalaria sends you the Dispatch Confirmation.

3.1.2 knowmalaria’s obligation to you will relate only to those medicines whose dispatch is confirmed in the Dispatch Confirmation. knowmalaria will not be obliged to supply any other medicines which may have been part of your order until the dispatch of such medicines has been confirmed in a separate Dispatch Confirmation.

3.1.3 knowmalaria reserves the right to cancel orders at its discretion. If an order is cancelled by knowmalaria it will be without charge to you.

3.1.4 You may cancel an order at any time prior to dispatch of the medicines to you. If you cancel an order, you agree to pay to knowmalaria on request any amounts in respect of fees for use of the Anti-Malarial Advisor, consultation with the Qualified Medical Advisor or for a private prescription.

3.1.5 knowmalaria only sells medicines to individuals resident in the United Kingdom. Any order for medicines where delivery is to be made outside the United Kingdom will be rejected.

3.1.6 knowmalaria will only sell you a prescription-only medicine if you have a current private prescription procured for you by knowmalaria as set out in clause 2.6 above. knowmalaria require the electronic prescription before knowmalaria can sell you the prescription-only medicine. knowmalaria will not sell you a prescription-only medicine based on a prescription issued to you other than through knowmalaria by a Qualified Medical Advisor as described in these terms and conditions.

3.2 Consumer Rights

3.2.1 Medicines are exempt from the requirement for a seller of goods to accept returns under the Consumer Protection (Distance Selling) Regulations 2000 as there is no guarantee of medicine integrity following a return.

3.2.2 These terms and conditions do not affect your statutory rights.

3.3 Pricing and availability

3.3.1 knowmalaria will use its best efforts to fulfil all orders; however, there is no guarantee of the availability of any medicines displayed on the website. Medicines listed on the website may be discontinued from sale at any time without notice or liability.

3.3.2 The prices payable by you for medication shall include the cost of:

3.3.2.1 use of the Anti-Malarial Advisor;

3.3.2.2 any consultation with our Qualified Medical Advisors; and

3.3.2.3 any fee relating to a private prescription.

3.3.3 The prices displayed on the website from time to time are quoted in UK pounds sterling. The prices are valid in the UK only and include the cost of delivery to you to a location within in the UK.

3.3.4 While knowmalaria’s goal is a 100% error-free website, there is no guarantee that any content is accurate or complete, including price information and medicine specifications. If price errors are discovered,they will be corrected on the website and the corrected price will apply to your order. knowmalaria reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). If a medicine’s correct price is higher than the price stated on the website, knowmalaria will normally,at its discretion either contact you for instructions before dispatching the medicines, or reject your order and notify you of such rejection.

3.3.5 Full payment for all medicines must be made by credit or debit card before any medicines will be dispatched to you.

3.4 Delivery

3.4.1 The standard delivery time for medicines is within 2-5 working days(UK). Delivery times are for guidance only and are not guaranteed.

3.4.2 If knowmalaria is unable to deliver all the medicines within your order at the same time, or where there are multiple boxes within your consignment, you will only be charged once for delivery.

3.4.3 knowmalaria does not dispatch or deliver at weekends or public holidays and please note that no deliveries will be made to PO boxes.

3.5 Completion of Delivery

3.5.1 Depending on the circumstances of your order, knowmalaria may utilise “letterbox friendly” packaging for your order of medication. This packaging is designed to fit through a standard letterbox and will require you to be at home for delivery to be completed. knowmalaria cannot guarantee such packaging will be used or that delivery will be completed in the event that no-one is present at the delivery location.

3.5.2 If delivery of the medicines cannot be completed, the medicines will be returned to the delivery courier’s warehouse and you will need to collect the medicines from that location. To collect the medicines you will require two forms of identification (one a photo-ID, such as a passport or photo driving licence, and the second a utility bill or similar with your name and the address on it).

3.5.3 It is your responsibility to inspect medicines thoroughly before signing for delivery. When signing for a delivery you accept that the medicines have been received in good condition. If items are damaged on delivery you should not accept them.

3.6 Risk and Title

3.6.1 The medicines will be at your risk from the time of delivery.

3.6.2 Ownership of the medicines will only pass to you at the later of dispatch of the medicines from knowmalaria’s premises and when full payment of all sums due in respect of the medicines including any delivery charges is received by knowmalaria.

3.7 Returns Policy for Items purchased online

3.7.1 If there is a problem with your order, please contact knowmalaria as soon as possible using the form in the “Contact Us” section of the website.

3.7.2 If medicines are damaged or faulty upon receipt or if the medicines you have received are not the medicines you originally ordered you may exchange your medicines or obtain a full refund. If when buying your medicine you received a credit in respect of sums otherwise payable for use of the Anti-Malarial Advisor, Qualified Medical Advisor or procurement of a private prescription, such sums will be deducted from the refunded sum. Such sum will be available to you to use as a credit against medicines purchased from us for 5 (five) days following the date of the refund.

3.7.3 When returning damaged, faulty or incorrect orders knowmalaria will refund:

3.7.3.1 the full purchase price paid by you;

3.7.3.2 any delivery charges incurred in the initial delivery to you; and

3.7.3.3 any delivery charges incurred by you in returning medicines upon the production of a receipt. Alternatively, knowmalaria may arrange to collect the medicines from you at its cost.

3.7.4 When exchanging damaged, faulty or incorrect orders knowmalaria will:

3.7.4.1 dispatch replacement medicines to you without a Delivery Charge; and

3.7.4.2 refund delivery charges incurred by you for returning medicines to us upon the production of a receipt. Alternatively,knowmalaria may arrange to collect the medicines from you at our cost.

3.7.5 To start the returns process, call use the form on the “Contact Us” page on the website. knowmalaria will provide you with detailed instructions on how to return your Medicines for a refund or exchange. You will also be provided with a returns reference number for each return. The returns reference number must be included with your return.

3.7.6 All returns should be wrapped securely in the same packaging in which the items were originally received, with the returns reference number clearly displayed on the exterior.The return address is: knowmalaria (returns), Simple Pharmacy, Ashlands, Stoneleigh Road, Coventry England UK, CV4 7AD

3.7.7 knowmalaria recommends that returns are made via recorded delivery and/or that a proof of postage is obtained.

3.7.8 Where a refund is due, this will be processed onto the credit/ debit card on which the purchase was made, within 2 working days from the date the returned medicines are received by knowmalaria. Refunds may take 5-7 working days.

4.knowmalaria’s Responsibility to you

4.1 Subject to clause 4.3 below, if knowmalaria fails to comply with these terms and conditions, or is otherwise negligent, it shall only be liable to you for the total ofany fees you have paid for the Anti-Malarial Advisor, any consultation with the Qualified Medical Advisor, and the purchase price of any medicines you have purchased from the website.

4.2 Subject to clause 4.3 below, knowmalaria will not be liable for loss of income or revenue, loss of business, loss of profits, loss of anticipated savings or loss of data that results from its failure to comply with these terms and conditions even if such losses result from knowmalaria’s deliberate breach.

4.3 Nothing in this agreement excludes or limits knowmalaria’s liability for:

4.3.1 death or personal injury caused by knowmalaria’s negligence;

4.3.2 fraud or fraudulent misrepresentation;

4.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; or

4.3.4 defective medicines under the Consumer Protection Act 1987.

5.Use of the Website

5.1 Introduction

5.1.1 By accessing any part of the website, you shall be deemed to have accepted these terms and conditions in full. If you do not accept the terms and conditions in full, you must leave the website immediately.

5.2 Access

5.2.1 knowmalaria shall not be liable if for any reason the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure,maintenance or repair or for any reason beyond knowmalaria’s control.

5.3 Intellectual Property

5.3.1 All intellectual property on the website, including without limit, the text,graphics, trade marks and copyright works is owned by knowmalaria (or knowmalaria’s relevant supplier). knowmalaria is the exclusive owner of all rights in the compilation, design and layout of the website.

5.3.2 All copyright and other intellectual property rights in the material contained on the website are owned by knowmalaria or it licensors. In particular, the material contained on the website may not be reproduced by any means and/or in any format or media whatsoever without the express prior written consent of knowmalaria.

5.4 Visitor Material and Conduct

5.4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the website shall be considered non-confidential and non-proprietary. knowmalaria shall have no obligations with respect of such material. knowmalaria and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

5.4.2 You are prohibited from posting or transmitting to or from the website any material:

5.4.2.1 that is threatening, defamatory, obscene, indecent, seditious,offensive, pornographic, abusive, liable to incite racial hatred,discriminatory, menacing, scandalous, inflammatory,blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

5.4.2.2 for which you have not obtained all necessary licences and/or approvals; or

5.4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

5.4.2.4 which is technically harmful (including, without limitation,computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.4.3 You may not misuse the website (including, without limitation, by hacking).

5.4.4 knowmalaria shall fully co-operate with any law enforcement authorities or court order requesting or directing knowmalaria to disclose the identity or locate anyone posting any material in breach of clause 5.4.2 or clause 5.4.3 above.

5.5 Third Party Websites

5.5.1 The website contains links to third party websites. Third party websites have not been prepared by and are not controlled by knowmalaria. They are provided for your convenience only and do not imply that knowmalaria checks, endorses, approves or agrees with such third party websites. knowmalaria has no responsibility for the content of the linked website(s).

6.General

6.1 knowmalaria reserves the right, where necessary, to make changes to the website and to change these terms and conditions at any time.

6.2 You will be subject to the terms and conditions in force at the time you place an order for medicines or request provision of services, from the website, unless any change to those Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if knowmalaria notifies you of the change to those policies or these Conditions before knowmalaria sends you the Dispatch Confirmation (in which case knowmalaria has the right to assume that you have accepted the change to the Conditions, unless you notify knowmalaria to the contrary within seven working days of receipt by you of the medicines).

6.3 All notices given by you to knowmalaria must be sent to 14 Park Row, Nottingham, NG1 6GR, England, UK or the form on the “Contact Us” page. knowmalaria may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email that such email was sent to the specified email address of the addressee.

6.4 knowmalaria will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations to you pursuant to these terms and conditions that is caused by events outside our reasonable control.

6.5 If knowmalaria fails at any time, to insist upon strict performance of any of your obligations under any of these terms and conditions, or if knowmalaria fails to exercise any of the rights or remedies to which it is entitled pursuant to the terms and conditions, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

6.6 If any or all of the terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term,condition or provision will to that extent be severed from the remaining terms,conditions and provisions which will continue to be valid to the fullest extent permitted by law.

6.7 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the provision of information (including theAnti-Malarial Advisor and Qualified Medical Advisor) and to the purchase of medicines from knowmalaria.

6.8 We each acknowledge that in respect of any contract for goods and services between us, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

6.9 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract.

6.10 Nothing in clauses 6.7 to 6.9 above inclusive limits or excludes any liability for fraud.

6.11 Provision of Information or medicines through the website (including the Anti-Malarial Advisor and Qualified Medical Advisor) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and will be subject to the exclusive jurisdiction of the courts of England.

7.Privacy Policy

7.1 knowmalaria will treat your data with all due care and in compliance with the Data Protection Act 1998. Please see knowmalaria’s privacy policy for full details.

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