Daye Health Platform (DHP)

MEDICATION TERMS OF SALE

Version 1.5 

Effective Date: January 12, 2023

As part of the Daye Health Platform (“DHP”)available through Daye’s website located at www.yourdaye.com (“Daye’s Website”), Anne’s Daye Ltd (“Daye”) provides virtual pharmacy services allowing Daye customers to search and buy prescription medications and over-the-counter medical products, receive a prescription and virtual consultations with a clinician (if necessary) and access a personal user account with information about previous orders, prescriptions, payments and shipping (“Daye’s Virtual Pharmacy”).

To avail of the multiple services part of Daye’s Virtual Pharmacy, Daye customers are required to read these Medication Terms of Sale (“Terms”) carefully and agree to them in advance. By accessing or using Daye’s Virtual Pharmacy, you agree to be bound by these Terms and all other terms, conditions, policies, guidelines and disclosures incorporated herein by reference as a contract between you and Daye. If you do not agree to these Terms, please do not use Daye’s Virtual Pharmacy.

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1. What These Terms Cover

These Terms apply to and govern:

1.1 Your registration on the DHP for the purposes of obtaining certain treatment or medications as made available through Daye’s Virtual Pharmacy (incl. category thereof  such as antifungals and antibiotics);

1.2 Your completion of online health-related questionnaires on the DHP and the provision of any other information to Daye for the purposes of receiving a prescription, purchasing medication or treatment through Daye’s Virtual Pharmacy;

1.3 If necessary, consultations with a clinician on the DHP; and

1.4 If clinically appropriate in the circumstances, the prescription and dispensing by a relevant clinician of the relevant medication to you, and the delivery of such medication to you through Daye’s Virtual Pharmacy

(collectively called the "Services"). 

See further at clauses 4 to 6 for more details regarding terms and conditions for use of the Services.

Please note that Daye is not a registered pharmacy and we provide the Services part of  Daye’s Virtual Pharmacy in partnership with nominated registered pharmacies. The Services are not to be used in an emergency situation. 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.

2. Why you should read this document. These Terms detail who we are, how we will provide the Services to you, how you and we may change or end the contract, how you can complain, what to do if there is a problem and other important information. If you do not understand any aspect of these Terms, please let us know and we will clarify any queries you may have. We may change or modify these Terms from time to time and it is your responsibility to make sure you are up to date with these changes.

These Terms should be read in conjunction with and apply alongside the Daye Health Platform Terms and Conditions and the Daye Health Platform Privacy Notice which are incorporate herein by reference. In the event of any conflict or inconsistency between these Terms and any other terms, these Terms shall prevail as specific.

3. Information About Us and How to Contact Us

3.1 Who we are. 

3.1.1. The Website, DHP and the Services are owned and operated by Anne’s Day Ltd., a company registered in England and Wales, with company number 11044785 and with registered address at J113 Jam Studios The Biscuit Factory, Drummond Road, London, England, SE16 4DG (“Daye”, “we” or “us”). 

3.1.2. To provide the Services, we work with nominated pharmacies whose medication and services we make available as part of Daye’s Virtual Pharmacy. For example, we work with the following pharmacies:

Under these Terms we will call all pharmacies we work with collectively “The Pharmacies”. You can use the GPhC's register at any time to check if The Pharmacies we work with are registered pharmacies that meet UK standards and are legally allowed to sell medicines to the public.

3.1.3. As part of the Services, the Pharmacies fill and dispense medications through qualified independent prescribing pharmacists who are registered with the General Pharmaceutical Council in the UK. All of the Pharmacy’s pharmacists comply with the requirements of their respective professional bodies and the standards set by the healthcare regulators they are registered with.

3.1.4. By using Daye’s Virtual Pharmacy you understand that your personal data will be made available to the Pharmacies as data processors of Daye to the extent this is necessary for the Pharmacies to provide the Services to you. 

3.2 How to contact us. For general queries, you can contact us by contacting the Daye customer service team at hello@yourdaye.com or via post at J113 Jam Studios The Biscuit Factory, Drummond Road, London, England, SE16 4DG. 

3.3 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’ve provided to us as part of your registration (see clause 4 below).

4. Registration

4.1 For the purposes of using the Services, you warrant that:

4.1.1 the personal data you are required to provide to Daye when you register on DHP, when you fill a questionnaire or when you are asked any other question by clinicians or pharmacists as part of Daye’s Virtual Pharmacy is true, accurate, current and complete in all respects;

4.1.2 you will notify us immediately of any changes to your personal data or health condition by updating these details on your DHP Account; and

4.1.3 you are 18 years or older at the time of availing of the Services, of sound mind and you consent to these Terms without undue influence or duress.

5. Our Contract With You

5.1 Brief Overview of the Services. We, in partnership with the Pharmacies, provide the Services to you based on the online questionnaires you complete on the DHP and on other information you may provide to the Pharmacies. Through this information we and the Pharmacies are able to determine if you are suitable for the treatment you’ve requested on Daye’s Virtual Pharmacy. It is at the discretion of the Pharmacies to accept or decline an order for medication you may have placed based on their medical assessment of the information you’ve provided. If it is determined by the Pharmacies that you are eligible for treatment, a confirmation notification will be sent informing you about the progress of your order. The Pharmacies will thereafter dispense and post the medications directly to you. If it is determined by the Pharmacies that you are not eligible for treatment, a notification will be sent, informing you about the rejection and status of the refund, which will be issued to compensate for the medication cost. You agree that neither Daye nor the Pharmacies are obliged to provide you with a reason for refusing a treatment you’ve requested.

5.2 Completion of questionnaires and answering any further requests for information. Before you avail of the Services available on Daye’s Virtual Pharmacy, you have to complete a treatment questionnaire. Please note that the quality of the information and advice provided by Daye and the Pharmacies as part of the Services depends on the information you supply to us when completing that questionnaire and when answering any further requests raised by clinicians or pharmacists. If you have already purchased a Daye Sample Collection Kit, Daye will use the information you’ve provided for the purposes of activating your Kit (“Kit-activation questionnaire”). In case you have not purchased a Kit and hence have not completed a Kit-activation questionnaire before or if your Kit-activation questionnaire was completed more than 2 months ago, you will be prompted to complete a new questionnaire before you are able to order any medication or treatment on Daye’s Virtual Pharmacy. You acknowledge that the Pharmacies may not accept some orders unless a licensed physician is able to produce a valid prescription based on the information you’ve provided. It is your responsibility to ensure all information provided as part of the Kit-activation or any other questionnaires filled on the DHP is correct and complete, and you accept that failure to do so (whether intentionally or not) will affect the quality of the Services we and the Pharmacies provide to you and, as such, may have consequences for which we are not responsible.

5.3 Order Number. You can place an order for treatment or medication on Daye’s Virtual Pharmacy by adding the desired treatment or medication in your cart and clicking checkout. Once you do that and complete your payment, we will reach out to you to let you know if we accept your order (based on the process described in 5.5. below) and if so - we will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your purchase.

5.4 Payment. Prior to submitting your questionnaire and placing an order for your desired treatment or medication you will be required to make a payment for your order, as directed by Daye’s Website. We will issue you with an invoice for that payment once we receive it. See further clause 8 below regarding general payment terms, including, where relevant, subscription plans.

5.5 Assessment by the Pharmacies and prescription of medication. Upon receipt of your completed questionnaire and payment, prescribers of the Pharmacies will aim to get back to you within 24 hours on weekdays, and 48 hours on weekends to inform you of your eligibility for the requested medication or treatment. Please note that these timelines are only a guideline and, although we will endeavour to meet these timelines, the Pharmacies cannot guarantee any timelines. The prescribers of the Pharmacies can only make a decision as to whether it is in your best interests to receive medication when they have all relevant information. On occasion, this may require the prescriber to ask you for additional information further to the information that you’ve already provided on the DHP when completing any questionnaires. If it is determined by the individual prescriber that it is not clinically appropriate to prescribe the requested treatment or medication to you, a refund will be issued to you at the same payment instrument you’ve used to place your order within seven working days and a notification will be sent out to you, through DHP, informing you of the decline. Please note that neither Daye nor the Pharmacies are obliged to disclose to you a reason why your order was declined.

5.6 Concluding an order. When we receive your completed questionnaire, your payment and your order for certain treatment or medication, we will confirm that we have received your order by sending a confirmation email to the contact email address registered as part of your DHP Account. Your order is considered an offer to Daye and the Pharmacies to sell the requested medication and will not be binding on Daye or the Pharmacies until the Pharmacies actually prescribe your medication which is deemed an acceptance of your offer. Professional codes of conduct and legal restrictions may limit the number and frequency of any item the Pharmacies 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 for treatment or medication subject to our own discretion and we shall not owe an explanation for our reasons.

5.7 NO RIGHT TO CANCEL THE ORDER/AGREEMENT. Please note that use of the Services that involves the prescription of medication will require a clinician to perform an assessment of your clinical suitability for the medication before the medication can be prescribed or otherwise approved for supply to you. In other words, the Services are personalised to you and to your health condition hence why you will have no legal right to request refunds or cancelation of 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, in our sole discretion and considering the circumstances, consider a cancellation request from you if we receive such a request prior to us confirming your order via email.

5.8 Delivery. We offer free standard delivery for medication that is sent through post. Depending on your location, we may have to use other courier services such as DPD or DX Delivery. During the order process, we will let you know when we will dispatch the dispensed medication and deliver it to you and how much this will cost. For general delivery terms, see clause 6 below.

5.9 Non-availability/substitutes. In the event that the Pharmacies 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.

5.10 Returns. Notwithstanding the limitation on your right to cancel your order in clause 5.7 above, in terms of applicable regulations, we cannot accept any medication returned to us (and resell it) from the moment such medication leaves our premises or the premises of the Pharmacies. However, should you, at your own cost, wish to return unwanted medication, we will facilitate the destruction thereof in accordance with applicable regulations. Please contact us should you intend to return any unwanted medications.

5.11 Follow-up. We may contact you to check how you are doing after using the Services. We may also contact you for feedback about your experience with the Services, 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 Services, to report on and improve the Services we provide, and to help the Pharmacies inform good clinical practice.

5.12 Your commitments when using the Services. As the user of the Services, you agree and warrant that:

5.12.1 you will answer all questions we or the Pharmacies may ask truthfully and fully;

5.12.2 you will not register on DHP more than once;

5.12.3 you will not register on DHP or complete questionnaires on behalf of anyone other than yourself;

5.12.4 you will read carefully each message uploaded into your DHP Account before taking any medications that the Pharmacies’ clinicians have prescribed, and comply with any instructions given for each medication. If you are uncertain as to how to take any medication the Pharmacies have provided to you, you should contact us and not use the medication until you have sufficient information and understand the correct instructions;

5.12.5 you will accept the prescriber's decision if he/she determines that it is not in your best interests to receive the requested treatment or medication without the benefit of a face to face consultation;

5.12.6 for certain matters, it is mandatory that we notify your GP of treatment or medication you have ordered on Daye’s Virtual Pharmacy. However, we will always offer to notify your GP of any medications 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 medications that you may have been 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;

5.12.7 you will ensure that no-one other than yourself has access to or consumes the medications that we make available to you;

5.12.8 where applicable, you will ensure that any medications prescribed in advance of need are not used beyond their expiry date; and

5.12.9 you will inform us via your DHP Account if you experience any side-effects from any medications that the Pharmacies have made available to you, or if you think that any such medication has not been effective.

6. Delivery of the dispensed medication

6.1 We are not responsible for delays outside our control. If the supply of the dispensed medication is delayed by the Pharmacies or any other event outside our control then the Pharmacies will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided you have received this information, we will not be liable for delays caused by the event.

6.2 If you are not at home when the dispensed medication is delivered. If no one is available at your address to take delivery and the dispensed medication cannot be posted through your letterbox, we or the Pharmacies, through the relevant third-party delivery service provider, will leave you a note informing you of how to rearrange delivery or collect the dispensed medication from a local depot.

6.3 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 or the Pharmacies will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we or the Pharmacies are unable to contact you or re-arrange delivery or collection, we may cancel your order and clause 7.2 may apply.

6.4 When you become responsible for the dispensed medication. The dispensed medication will be your responsibility from the time it is delivered to the shipping address you have provided.

6.5 When you own the dispensed medication. You own the medication once we have received payment in full.

6.6 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.

7. Our Rights to End the Contract

7.1 We reserve the right to terminate this contract, incl. cease the provision of the Services to you, without providing any notice to you if you breach any of your obligations herein. To the extent that a binding contract has already been entered into, we may end the contract for the Services or terminate a particular order you have placed at any time by writing to you if:

7.1.1 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;

7.1.2 you do not, within a reasonable time of us requesting it, provide us with information that is necessary for us or the Pharmacies to provide the Services, as required during registration, when filling questionnaires or otherwise; 

7.1.3 you do not, within a reasonable time, allow us or the Pharmacies to deliver the dispensed medication to you or collect the item(s) from us;

7.1.4 we reasonably think that you might put us in breach of law or regulation; or

7.1.5. we discover that any of the information you've provided to us is false or misleading.

7.2 You may need to compensate us if you breach the contract. If we terminate 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 have incurred as a result of your breach of contract depending on the date on which we terminate the contract.

8. Price and Payment

8.1 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 part of Daye’s Website when you place your order. We take all reasonable care to ensure that the price of the Services advised to you is correct. However, please see clause 8.3 for what happens if we discover an error in the price of the Services you order.

8.2 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.

8.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services (and medications) 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.

8.4 When you must pay and how you must pay. You must pay prior to submitting your questionnaire and order for your desired treatment or medication. We accept payment with Paypal, Visa, Mastercard and American Express.

8.5 What to do if you think an invoice is wrong. If you think an invoice we’ve sent to you 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.

9. Our Responsibility for Loss and Damage.

9.1 We will not be liable for any loss or damage (in contract negligence or otherwise) where:

9.1.1 there is no breach of a legal duty of care owed to you by us; or

9.1.2 the loss or damage is not a reasonably foreseeable result of any such breach; or

9.1.2 any loss or damage or increased risk of loss or damage results from a breach of these Terms by you.

9.2 In particular, we are not responsible for:

9.2.1 loss or damage caused by you providing inaccurate or incomplete information to us;

9.2.2 damage to your emotional well-being including, but not limited to, any embarrassment caused;

9.2.3 loss of income or anticipated profits;

9.2.4 loss of opportunity;

9.2.5 loss of goodwill or injury to reputation

9.2.6 losses suffered by third parties; or

9.2.7 any indirect, consequential, special or exemplary damages arising from the use of the Services regardless of the form of action.

9.3 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 affects your statutory rights.

9.4. You acknowledge and agree that the manufacturers of medication are solely responsible for any warranty associated with the medication they’ve produced. To the maximum extent permitted by law, Daye and the Pharmacies disclaim all warranties and conditions, express or implied, in respect of the medications provided to you, including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose.

9.5 Subject to clause 9.3 in no event shall the aggregate liability of Daye arising out of or related to these Terms or the use of the Services exceed the total amount paid by you for the Services giving rise to the liability.

10. Other Important Terms

10.1 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.

10.2 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.

10.3 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.

10.4 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 breach of 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.

10.5 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.

10.6. Force majeure. Daye and the Pharmacy shall not be liable for any delay or failure in performance caused by circumstances beyond their reasonable control, including, without limitation, delays due to back orders of requested products, mail delays, or lost shipments. 

11. Complaints

11.1 We welcome any form of feedback. We have put standard operating procedures in place to ensure that we handle and resolve customer complaints in the best way possible. If you’re dissatisfied with the Services, you can raise a complaint at hello@yourdaye.com at any time. If we receive a complaint from you, we will:

11.1.1 treat your complaint with respect and courtesy;

11.1.2 treat your complaint as confidential making it available only to staff that will be dealing with your complaint who have a “need-to-know”;

11.1.3 check if you, as a complainant, have grounds for making a complaint, i.e. you are an individual affected by an action, omission or decision of Daye or the Pharmacies in relation to the Services. In practice, this may be instantly apparent for us without the need for any analysis or further questioning. However, if analysis is required then in order to assess if you have grounds for a complaint, we may request additional information from you; 

11.1.4. assess if the actions necessary for the resolution of your complaint lie within Daye’s or the Pharmacies remit and based on that - proceed with your complaint or refer your complaint to one of the Pharmacies for resolution, in which case we will inform you about such referral; and

11.1.5 if there are no grounds for complaint as per the criteria in 11.1.3 above, we will not proceed with your complaint and will inform you about that.

11.2 Please note that the turnaround time it will take to investigate and successfully resolve a complaint 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.

12. Applicable Regulatory Authorities

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

13. How to contact us

You can contact Daye at any time at hello@yourdaye.com.