By downloading, accessing or using this app, you will have entered into a legal contract with Day Lewis Plc and our supporting partner, MedAdvisor Welam UK Limited. For ease of reference in these terms, Day Lewis Plc and MedAdvisor Welam UK Limited are jointly referred to as “we” or “us” even though it might just be one of us. Please read these terms carefully. If you do not accept these terms and our privacy policies, you are not permitted to use the app or our services. Please click the 'Cancel' button or opt-out (where applicable) and do not download, access or use the app.
By downloading and installing the app and by clicking on the 'Accept' button you expressly consent to us using your personal information in line with our respective privacy policies, found at: www.daylewis.co.uk/privacypolicy and www.mymedadvisor.com/uk/privacy/daylewis.
We both take the privacy of patient and pharmacy data very seriously.
In accordance with our respective policies, we may offer you optional additional services including:
The information you may receive will be matched and targeted to your condition or drug use profile. We will not otherwise disclose or share any identifiable personal information about you to any third party providers unless you have provided express consent for us to do so. You may also withdraw any consent you have given and instructions for doing this are contained in the privacy policies. As we are separate companies, you should ensure that any withdrawal is undertaken in accordance with both policies. If you no longer wish to use the app, please delete the app from your device.
These terms allow you to use the app.
You must not copy the app, modify it, sell it or connect it to any other software.
In this clause, capitalised terms have the following meanings:
Nominated GP means the general medical practitioner nominated by you.
Nominated Pharmacy means the pharmacy nominated by you.
Script means a prescription provided by your Nominated GP.
Script Request means a request submitted via the app to your Nominated GP to make a Script available.
When you submit a Script Request to your Nominated GP via the app, we will transmit that Script Request to your Nominated GP via the GP’s preferred communication method (e.g. fax or email).
Upon receipt of a Script Request, your Nominated GP may decline or agree to fulfil the Script Request.
Providing your Nominated GP agrees to fulfil a Script Request, it will then be sent electronically through the NHS Spine and fulfilled at your Nominated Pharmacy for direct pickup (or delivered if so ordered).
However, Nominated GPs at their discretion may require that the Script is picked-up at their medical practice.
If your Nominated GP elects to decline a Script Request for any reason, or if your Nominated GP fails to fulfil the Script Request within 3 business days of submission, we will notify you via the app and ask you to follow-up that matter with your Nominated GP.
We may modify our services, the app, our privacy policies and these terms at any time. Whilst we will try to notify you of changes to the app and these terms, please check the latest copy of these terms on our website (www.daylewis.co.uk). We may also decide to stop offering the app and our services.
If you are not happy with any modifications, you must stop using the app.
We may end your use of the app if you fail to comply with any of these terms.
If your use of the app stops, we may delete or anonymise any of your data in our possession (in compliance with data protection legislation and our policies).
The app, including all text and other content therein ('Content') is our property or that of our licensors, and is protected by copyright and other intellectual property laws. You do not receive any rights to the app or any of its Content other than as provided under these terms.
For Content obtained from third party licensors, you are solely responsible for compliance with any copyright restrictions.
While we take reasonable care in organising, presenting and updating the Content, we do not perform any independent analysis or investigation of any of the Content, therefore we do not guarantee the Content's correctness, accuracy or timeliness.
We do not endorse or advocate the use of any product or procedure described in the Content, nor are we responsible for any misuse of a product or procedure due to, or other consequence of, any typographical error or other inaccuracy.
The Content is provided for information purposes only.
IMPORTANT NOTE: The app and the Content on the app is never a substitute for the personal medical advice of a qualified health care provider. Always seek and never disregard the advice of your physician or other qualified healthcare providers regarding any medical condition.
We are not and do not hold ourselves out to be a registered medical organisation and cannot give you any medical advice or diagnose conditions.
In the event you experience any pain or exacerbation or have a change in medical condition, you should immediately seek appropriate medical attention.
You should never disregard medical advice or delay in seeking it because of any Content or communication you have seen or received from us.
All characters or names represented throughout the Content are fictitious and do not resemble or depict real persons or characters. Any resemblance to real persons, living or dead, is purely coincidental.
The methods of medical treatment may change from time to time as new information becomes available, therefore the information provided by us does not necessarily represent the most current practices or methods in medication use.
PILs are provided by pharmaceutical manufacturers. You acknowledge that we are only a distribution channel for the PILs to you and cannot guarantee the accuracy of the content within the PILs.
You must take steps to ensure that no unauthorised person has access to the app or your medical information.
You must not access, store, distribute or transmit any harmful or unlawful material during the course of your use of the app.
You must let us know if you become aware of any unauthorised use of, or access to, the app.
In this clause, "UK Consumer Law" means the Consumer Rights Act 2015.
The UK Consumer Law provides Consumers with a number of protections including the Consumer Guarantees that cannot be excluded, restricted or modified. Nothing in these terms should be taken as seeking or attempting to restrict, exclude or modify your rights under the UK Consumer Law, or any other statutory rights which for the sake of completeness cannot in any event be excluded, restricted or modified by agreement or contract.
These terms do not limit or exclude any rights and remedies you have under UK Consumer Law which cannot be lawfully excluded, restricted or modified ('Non-Excludable Rights').
To the extent permitted by law and subject to your Non-Excludable Rights, we will not be liable for any loss or damage incurred by you arising from your use of the app, our service or Content.
We are not responsible for any third party communications, including communications between you and any pharmacy and misconfiguration of the app by a pharmacy and/or by a PIL.
You acknowledge that your use of the app and the Content is at your sole risk.
The app and the Content are provided on an 'as is' basis. This means with all faults and no representations or warranties of any kind, either expressed or implied.
NOTE: We strongly advise you that if you choose to store information using the app, you always keep a copy of the information elsewhere.
The app may be provided with third party software, or the app may be provided as a plug-in for third party software. Use of any third party software by us to provide the app will be governed by these terms. Use of third party software that is affiliated with us will be governed by the applicable licence terms of that third party.
We shall have no liability to you if we are prevented from or delayed in performing our obligations or the app is unavailable due to events outside of our reasonable control.
We may collect personal information about you (such as dispense data) when you deal with any participating pharmacies. You consent to us disclosing such personal information to your Nominated Pharmacy. For example, if you have not initiated certain functionality, such as 'Order', we may notify your Nominated Pharmacy.
If you change your Nominated Pharmacy in the future, you consent to us disclosing your complete dispense history to the new pharmacy.
You also consent to your Nominated or new Pharmacy sending you promotional offers via the app. You may opt out of receiving such promotional offers at any time. Please contact us to opt out.
If you want to opt out of receiving promotional offers that you receive from a pharmacy outside of our service, you will need to contact the pharmacy directly to unsubscribe.
You must comply with any third party terms of agreement applicable to you when using the app.
If you obtained the app from the Apple Inc. (Apple) or Google Inc. (Google) app Store, you acknowledge and agree that (to the full extent permitted by applicable law):
(A) product liability claims;
(B) any claim that the app fails to conform to any applicable legal or regulatory requirement; and
(C) claims arising under consumer protection, privacy or similar legislation, including in connection with the app's use (if applicable) of Apple's HealthKit and HomeKit frameworks;
You also warrant, represent and confirm that you are located in the United Kingdom.