Terms & Conditions

FRESHMAN TERMS OF USE AND CONDITIONS OF SALE

Last Updated: 19/09/2019

1. Welcome to Freshman

Honest Health Limited (“Freshman”, “we”, “our”, or “us”) operates an e-commerce platform (available at www.getfreshman.com (our “Site”) which allows individuals (“you”) to view and purchase prescription and non-prescription hair loss medicines (“Treatments”) (our “Service”).

2. Information about us

Honest Health Limited (t/a “Freshman”) is incorporated and registered in England and Wales under company number 11602781. Our registered office is at 9th Floor 107 Cheapside, London EC2V 6DN, United Kingdom. Our VAT number is 324552712.

3. Your relationship with us

3.1 This document and any documents referred to within it (collectively, the “Terms and Conditions”) set out the terms of your relationship with us. It is important that you read and understand these Terms and Conditions before using the Site or purchasing any Treatments from the Site. If there is anything within these Terms and Conditions that you do not understand, then please contact us at support@getfreshman.com to discuss what this means for you.

3.2 By using the Site and/or purchasing any prescription or non-prescription Treatments, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not browse or otherwise access or use the Site or purchase any Treatments.

3.3 Any non-prescription Treatments that you purchase through the Site will be sold to you by us. You acknowledge that any prescription Treatments that you purchase through the Site will not be prescribed by us and will not be sold to you by us, and will be prescribed and sold to you by third parties (see paragraphs 3.4 to 3.6 for further details).

3.4 We work with independent, licensed partner clinicians who are individuals registered in the United Kingdom with the General Pharmaceutical Council (each, a “Partner Clinician”). The Partner Clinicians are responsible for reviewing your treatments and issuing prescriptions for you, and are responsible for any diagnoses that they make and for prescriptions that they issue.

3.5 We partner withThe London Specialist Pharmacy (incorporated and registered in England and Wales under company number 06816158, with its registered office address at Unit 3 Cedar Court, 1 Royal Oak Yard, London SE1 3GA, England) (the “Pharmacy”) to dispense and deliver Treatments to you.

3.6 When you make an offer to purchase any prescription Treatments, and this is accepted by us on behalf of the Pharmacy, you enter into an agreement with the Pharmacy to purchase the relevant Treatments. We are not a party to any agreement for the sale of prescription Treatments.

4. Your right to use the Service

4.1 You must be 18 years or older, a resident of England or the UK, and capable in your country of residence of entering into a legally binding agreement to use our Service and to purchase medications.

4.2 You acknowledge and agree that any Treatments that you purchase through our Site are for your own personal use only.

4.3 The materials and content comprising the Site belong to us and we give you permission to use these materials and content for the sole purpose of using the Site in accordance with these Terms of Use and Conditions of Sale. You agree not to copy any portion of the Site.

4.4 Your right to use the Site is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Site does not stop us from giving other people the right to use the Site.

4.5 You agree that you have no rights in or to our Site and our Service other than the right to use them in accordance with these Terms of Use and Conditions of Sale.

5. Creating an Account

5.1 In order to access our Service and use certain features and areas of the Service, you must register with us and set up an account with an ID and password (your “Account”). We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.

5.2 You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at support@getfreshman.com.

5.3 You are responsible for ensuring that any information that you provide to us during the registration process and thereafter is accurate and up to date.

5.4 We may contact you at any time after you have registered with us to verify your identity and request any additional documentation that we may require for that purpose, as permitted by applicable laws.

6. Our Service

Placing orders

6.1 You can place orders for Treatments with us by following the process outlined on our Site.

6.2 Once you have selected your Treatment you will be required to set up an Account (see paragraph 4 above) before you can place your order.

6.3 If you select a prescription Treatment, you will also be required to take some additional steps before you can place your order (see paragraphs 6.8 to 6.10 below for further details).

6.4 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

6.5 All orders are subject to acceptance by us (and, in the case of prescription Treatments, acceptance by us on behalf of the Pharmacy). We will send you an e-mail to confirm acceptance. The contract for purchase between you and us for non-prescription Treatments, or between you and the Pharmacy for prescription Treatments, will only be made when we send you this e-mail to confirm acceptance.

6.6 We will charge your chosen payment method after we accept your order (see paragraphs 7.9 to 7.11). We will send a further e-mail when your order has been dispatched by the Pharmacy. Deliveries will be made to UK addresses only.

6.7 If you change your mind about any Treatment you have ordered, you may be able to return the Treatments to us in accordance with our Cancellation, Refunds and Returns Policy (see paragraph 10 below).

Prescription Treatments

6.8 If you choose to purchase a prescription Treatment, you will be required to complete a short questionnaire after setting up your Account.

6.9 The completed questionnaire will be sent to the Partner Clinician for their review and assessment of the suitability of your selected Treatment. The Partner Clinician may ask you some follow up questions, which you will be required to answer in order to proceed with your order. The Partner Clinician may approve or reject your Treatment at their sole discretion.

6.10 If the Partner Clinician approves your Treatment, they will issue a prescription for the Treatment to the Pharmacy, and the Pharmacy will dispense and deliver the Treatment to you.

Availability of Treatments

6.11 All orders for Treatments are subject to the availability of those Treatments and the materials for making the Treatments. We will inform you as soon as possible after placing an order if, for any reason, the Treatments you have ordered are not available or are subject to any delay.

6.12 If we are unable to supply you with a Treatment, for example, because the manufacturer is out of stock or because of an error in the price, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Treatment we will refund you the full amount as soon as possible.

Images and sizing of Treatments

6.13 The images of Treatments on our Site are for illustrative purposes, and although we have made every effort to be as accurate as possible, the colours and measurements indicated on our Site are approximate only.

7. Pricing and Payment

7.1 The price of any Treatment will be as quoted on our Site, except in cases of obvious error.

7.2 The price of any Treatment may change from time to time, but changes will not affect any order we have accepted.

7.3 It is always possible that some of the Treatments listed on our Site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure, or, before accepting your order, we may either contact you for instructions before dispatching the Treatment, or reject your order and notify you of the rejection.

Non-prescription Treatments

7.4 Non-prescription Treatments are available to purchase on a non-subscription basis. We accept payment with the payment methods listed on the Site. You must pay for the Treatment and any applicable delivery charges in advance of delivery.

Subscriptions for prescription Treatments

7.5 Prescription Treatments are only available on a subscription basis. We collect subscription fees on behalf of the Pharmacy.

7.6 All subscriptions are for 12-month periods (each, a “Subscription Term”), and your payment method will be charged in advance for the fees for your chosen prescription Treatment for the full period of the Subscription Term.

7.7 Your subscription will automatically expire at the end of the Subscription Term unless you renew your subscription. We will notify you of the start and end dates of the current Subscription Term by email.

7.8 We will send you an email before the expiry of each Subscription Term so that you have the option to renew your subscription before it expires. If you renew your subscription, your selected payment method will be charged for the fees for the Treatment for the next Subscription Term.

All Treatments

7.9 When you purchase a non-prescription Treatment, or subscribe for a prescription Treatment, we will ask you to provide us with valid, up-to-date credit or debit card details. By submitting an order to us through the Site, you are confirming that the payment details provided on your order are valid and correct.

7.10 If we are unsuccessful in charging your debit or credit card and have still not received payment within 7 days of informing you, we may (without responsibility to you) suspend or temporarily disable all or part of your access to the Service and we shall be under no obligation to provide the Service (or any part of it) while the relevant payment(s) remains unpaid. This does not affect any other rights and remedies available to us.

7.11 All amounts referred to in these Terms of Use and Conditions of Sale are payable in pounds sterling and are inclusive of value added tax (if applicable) and any other taxes unless otherwise expressly stated, which shall be paid at the same time as payment of the purchase price.

8. Delivery

8.1 Delivery Costs. The costs of delivery will be as displayed to you on our Site.

8.2 When the Treatments will be provided. During the order process we will provide you with an estimated date of when the Pharmacy will provide the Treatments to you. The Pharmacy will deliver the Treatments to you as soon as reasonably possible. We will supply the Treatments to you until your subscription expires (see paragraph 7 for further details).

8.3 We and the Pharmacy are not responsible for delays outside our control. If our supply of the Treatment is delayed by an event outside our or the Pharmacy’s 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, neither we nor the Pharmacy will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Treatments you have paid for but not received.

8.4 If you are not at home when the Treatment is delivered. If no one is available at your address to take delivery and the Treatment cannot be posted through your letterbox, the delivery company that the Pharmacy uses to make deliveries may leave you a note informing you of how to rearrange delivery.

8.5 When you become responsible for the Treatments. Any Treatment delivered to you will be your responsibility from the time the Pharmacy delivers the Treatment to the address you gave us.

8.6 When you own the Treatments. You will own any Treatment delivered to you once we have received payment in full.

9. Suspension of supply of Treatments

9.1 Reasons we or the Pharmacy may suspend the supply of the Treatment to you.

We or the Pharmacy may have to suspend the supply of Treatments to you to:
(a) deal with technical problems or make minor technical changes;
(b) update the Treatment to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Treatment as requested by you or notified by us to you.

9.2 Your rights if we suspend the supply of the Treatment. We will contact you in advance to tell you we or the Pharmacy will be suspending supply of the Treatment, unless the problem is urgent or an emergency. If we have to suspend the supply of the Treatment for longer than one month, we will adjust the price so that you do not pay for Treatments that are not delivered to you. You may contact us to end the contract for a Treatment if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the Treatment in respect of the period after you end the contract.

9.3 We may also suspend supply of the Treatment if you do not pay. If you do not pay us for the Treatment when you are supposed to and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply of the Treatment until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the supply of the Treatment. We will not suspend the supply of the Treatment where you dispute the unpaid invoice. We will not charge you for the Treatment during the period for which supply is suspended. As well as suspending the supply of the Treatment, we can also charge you interest on your overdue payments.

10. Cancellation, Returns, and Refund Policy

10.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Treatment, you may be able to return them to us in accordance with the returns policy described in this paragraph.

Right to cancel your order

10.2 For non-prescription Treatments, you have a legal right to cancel the contract between you and us within 14 days of delivery without giving a reason. For hygiene and/or health and safety reasons, this right to cancel does not apply to a contract for prescription Treatments where the Treatment was in sealed packaging and the packaging is unopened.

10.3 To cancel the contract, please email us before the end of the cancellation period at support@getfreshman.com, providing your name, address and details of the order you wish to cancel.

10.4 If you cancel your contract, you must send the non-prescription Treatment back to the Pharmacy within 14 days of notifying us that you wish to cancel the contract. You are responsible for the costs of returning the Treatment back to the Pharmacy at the address included in the delivery.
Cancelling your subscription

10.5 If you have purchased prescription Treatments on a subscription basis, you may cancel your subscription at any time by sending an email to support@getfreshman.com. Your subscription will terminate at the end of the current Subscription Term.

Faulty, damaged or mis-described items; Ending the contract because of something we have done or are going to do

10.6 If you have any questions or complaints about the Treatment, please contact us at support@getfreshman.com.

10.7 We and the Pharmacy are under a legal duty to supply products that are in conformity with this contract. The Treatments must be as described, fit for purpose and of satisfactory quality.

10.8 These rights are subject to certain exceptions. For detailed information, please visit the Citizens Advice website at www.adviceguide.org.uk or call 03444 111 444.

10.9 Nothing in these terms will affect your legal rights.

10.10 If you are ending a contract for a reason set out in paragraphs (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided any you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the Treatment that you have purchased or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the Treatment you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the Treatment may be significantly delayed (by more than one month) because of events outside our control;

(d) we have suspended the supply of the Treatment you have ordered for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than one month; or

(e) you have a legal right to end the contract because of something we have done wrong.

10.11 If you end the contract after the Treatments have been delivered to you, you must return them to us or arrange for a collection. Please email us at support@getfreshman.com for details of how to return the faulty, damaged, or mis-described products.

10.12 If the item is found to be defective or faulty or not as described, or if you cancel your contract because of something we have done, or the Pharmacy has done, or are going to do, we will pay for your return postage.

10.13 We will refund you through the payment method used by you to pay for the Treatments.

10.14 If you are entitled to reimbursement, we may withhold reimbursement until the Pharmacy has received the Treatments back or you have supplied evidence of having sent back the Treatments, whichever is the earliest. We may also make a deduction from any reimbursement you are entitled to from us for any loss in value of the Treatments we supply if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Treatments and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

Our right to cancel

10.15 We may cancel your order and/or subscription if you notify us of any adverse side effects to the Treatment. In such circumstances, we will cease, or will require the Pharmacy to cease, delivery of Treatments to you, and, if you are a subscriber, we will refund to you any payments made in advance for the Treatment in respect of the period after the contract is ended.

10.16 We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or these Terms of Use and

Conditions of Sale.

10.17 We may also withdraw the Service as long as we give you reasonable notice.

11. Changes to the Service

11.1 If you are a non-subscribing user at the time of any change, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Site or Service or within such other time period as we may specify, and your use of the Service after such posting or time period will constitute acceptance by you of the revised Terms of Use and Conditions of Sale.

11.2 If you are a subscriber at the time of any change or modification, then, unless otherwise indicated, these Terms of Use and Conditions of Sale and any pricing and the Treatments ordered will continue (without change or modification) until such time that your subscription expires or renews as contemplated by paragraph 7. If you continue your subscription, the renewal will constitute acceptance by you of the revised Terms of Use and Conditions of Sale and any changes notified to you to the pricing or the Treatment.

12. Intellectual Property Rights

12.1 All confidential information, copyright and other intellectual property rights in our Site belong to us or the persons who have granted us a licence to use those rights.

12.2 Unless allowed by these Terms of Use and Conditions of Sale and as permitted by the functionality of the Service, you agree:

(a) not to copy any portion of our Service;

(b) not to give or sell or otherwise make available any portion of our Service to anybody else;

(c) not to change our Service in any way;

(d) not to look for or access the code of our Service that we have not expressly published publicly for general use.

12.3 You agree that you have no rights in or to any portion of the Service other than the right to use the Service in accordance with these Terms of Use and Conditions of Sale.

13. Rules of Acceptable Use

13.1 In addition to the other requirements within these Terms of Use and Conditions of Sale, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).

13.2 When using the Service you must not:

(a) circumvent, disable or otherwise interfere with any security related features of the Service or features that prevent or restrict use or copying of the content accessible via the Service;

(b) give any false or misleading information or permit another person to use the Service under your name or on your behalf;

(c) impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to us if this is not the case;

(d) use the Service other than for its intended purpose as set out in the Terms of Use and Conditions of Sale;

(e) use the Service if we have suspended your access to it, or have otherwise banned you from using it;

(f) modify, interfere, intercept, disrupt or hack the Service or collect any data from the Service other than in accordance with the Terms of Use and Conditions of Sale;

(g) misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or the equipment of any user of the Service; or

(h) use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the Service in a manner that send more request messages to the Service than a human can reasonably produce in the same period of time.

13.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of the Terms of Use and Conditions of Sale, and may result in our taking all or any of the following actions (with or without notice):

(a) immediate, temporary or permanent withdrawal of your right to use the Service;

(b) issuing of a warning to you;

(c) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

13.4 The responses described in clause 13.3 are not limited, and we may take any other action we reasonably deem appropriate.

14. Our liability to you – the Site

14.1 Unfortunately, due to the nature of the Internet and technology, the Site is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Site will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Site in these Terms of Use and Conditions of Sale and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

14.2 The information and content on the Site is not medical advice, and is not intended to be a substitute for medical advice, diagnosis or treatment. We will not be liable to you for any loss or damage which may arise from the use of any of the information or content on the Site.

14.3 Our Service facilitates a consultation between you and a registered healthcare professional for the purpose of diagnosing and treating hair loss. It does not replace the need to visit your GP on a regular basis.

14.4 To the extent permitted by the law, we do not accept any responsibility whatsoever for any claims arising out of the provision of the Site, and we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site and will accept no liability for any loss or damage as a result of problems with access.

14.5 The Service may contain links to, or call the servers of, third party websites or services that are not under our control, solely at the direction of and/or as a convenience to you. As such, we are not responsible for, and we make no express or implied warranties with regard to, the information, content, or other material, products, or services that are contained on or are accessible through such third party websites or services. Access to and use of such third party websites and/or services, including information, content, material, products and services, is solely at your risk and is subject to the applicable third party’s terms and conditions and policies.

14.6 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

15. Using the Treatments

You understand and agree that you are responsible for your conduct whilst using the Products and for any consequences arising from such use. You agree to use the Products only for purposes that are proper and in accordance with applicable laws, rules and regulations and all terms, precautions, practices, policies and guidelines we have made and may make available.

16. Our Liability to You – Treatments

16.1 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use and Conditions of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.

16.2 The maximum loss or damage we will be responsible for under this paragraph 16is limited to the price you have paid us for the Treatment to which the loss or damage you suffer relates; however, we do not in any way exclude or limit our liability where it would be unlawful for us to do so, including for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any breach of terms implied by law (such as those relating title and quiet possession, description, satisfactory quality, fitness for purpose and samples and defective products) except to the extent such terms can be excluded under applicable law.

16.3 The Pharmacy will be responsible for loss or damage you suffer as a result of the Pharmacy’s breach of its contract with you for the sale of prescription Treatments.

16.4 The Partner Clinicians are responsible for reviewing your treatments and issuing prescriptions for you, and are responsible for any diagnoses that they make and for prescriptions that they issue.

17. Resolving disputes

17.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at support@getfreshman.com and attempt to resolve the dispute with us informally.

17.2 In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.

18. Each of these terms operates independently

Each of the paragraphs of these Terms of Use and Conditions of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19. Entire agreement

These Terms of Use and Conditions of Sale set out the written terms of our contract with you for the purchase of the Products. If part of these Terms of Use and Conditions of Sale cannot be enforced then the remainder of these Terms of Use and Conditions of Sale will still apply to our relationship.

20. Updating these Terms and Conditions

20.1 We may modify or update these Terms of Use and Conditions of Sale from time to time for reasons including:

(a) changes in how our business operates;

(b) changes in the legal or regulatory requirements that we must comply with;

(c) changes in how we accept payment from you; or

(d) the addition of new features to our Site.

20.2 We will try, where possible and reasonable, to contact you to let you know about any significant changes to these Terms of Use and Conditions of Sale or any documents referred to in these Terms of Use and Conditions of Sale. However, sometimes, changes will need to be made immediately and if this happens we will not give you any notice. We may contact you by e-mail using the e-mail address you submitted to us when creating your Account.

20.3 Unless you have purchased Treatments on a subscription basis, and the Subscription Term has not yet expired, each time you order Treatments from us, the Terms of Use and Conditions of Sale in force and available on our Site at the relevant time will apply to the contract between us.

20.4 If you are a subscriber at the time of any change or modification to the Terms of Use and Conditions of Sale, then, unless otherwise indicated, these Terms of Use and Conditions of Sale and any pricing and the Treatments ordered will continue (without change or modification) until such time that your subscription expires or renews as contemplated by paragraph 7. If you continue your subscription, the renewal will constitute acceptance by you of the revised Terms of Use and Conditions of Sale. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the revised Terms of Use and Conditions of Sale. As a result, you should frequently review these Terms of Use and Conditions of Sale and all applicable terms and policies to understand the terms that apply to your use of the Service.

20.5 The most up to date Terms of Use and Conditions of Sale will always be accessible at https://www.getfreshman.com/legals/terms/

21. Rights of Third Parties

Any contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.

22. Transfer of our Rights

We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.

23. Law and Jurisdiction

23.1 These Terms of Use and Conditions of Sale are governed by English law. This means that a contract for the purchase of Treatments made through our Site or any other use of our Site and any dispute or claim arising out of or in connection with it will be governed by English law.

23.2 You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

24. Contacting You

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

25. Contact Us

If you have any queries about these terms, please contact us by sending an e-mail to: support@getfreshman.com. We’ll be here to help.

26. Severability

If any provision of the Terms of Use and Conditions of Sale is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of the provisions.

27. Third Party Rights

27.1 A person who is not a party to the Terms of Use and Conditions of Sale may not enforce any of its terms.

28. Law

English law will apply to all disputes and the interpretation of these Terms of Use and Conditions of Sale. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.

29. Contact, feedback and complaints

29.1 We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.