BROADWAY PHARMACY LATERAL FLOW TEST TERMS AND CONDITIONS
1. ABOUT BROADWAY PHARMACY
1.1. Broadway Pharmacy ("we"/”us”/”our”) is the trading name of H. & A.K. Fletcher Limited. We are a private limited company incorporated in England and Wales under company number 01292679. Our registered office at 331 Garstang Rd, Fulwood, Preston, Lancashire, PR2 9UP, England, which is also the location of our pharmacy.
1.2. We and our pharmacists are registered with, and regulated by, the General Pharmaceutical Council (“GPhC”). Our GPhC registration number is 1035138.
1.3. You can contact us in relation to these Terms via email at contact@broadway-pharmacy.co.uk, by telephone on 01772 717 574 or otherwise by writing to us at our registered office address.
2. THESE TERMS AND CONDITIONS
2.1. These Terms and Conditions (“Terms”) apply to our Covid-19 Lateral Flow Device (“LFD”) online delivery service (“Service”), which we have put in place to support individuals who are at risk of becoming seriously ill should they contract Covid-19.
2.2. The objective of our Service is to offer eligible (see clause 4, below), at risk patients, to access LFD tests from their home, without the need to visit their local pharmacy. We have launched the Service in the context of the UK Government’s scaling back of the accessibility of LFDs via the www.gov.uk website, placing responsibility for the same with local pharmacies.
2.3. Our Service is available via our website: https://broadway-pharmacy.co.uk/ (“Website”). We also have a walk-in / collection facility during our pharmacy opening hours (as set out on our Website) and eligible patients can instead visit their local pharmacy to receive the Service.
2.4. These Terms contain important information regarding our Service including, in particular, information regarding who is eligible to receive the Services (clause 4), how delivery of the LFDs takes place (clause 6) and testing and positive results (clause 7).
2.5. There is no LFD or delivery charge associated with the Service, which is provided free of charge.
3. YOUR PRIVACY
3.2. We may also share any personal data that you provide to us in connection with the Service with:
(a) NHS England, to allow them to monitor our Service and to help evaluate the Service; and
(b) the NHS Business Services Authority and NHS England, to allow them to manage the contract we have with the NHS, to make sure we are paid correctly for the Service (by the NHS) and that we have provided the Service correctly.
4. ELIGIBILITY REQUIREMENTS AND REGISTRATION PROCEDURE
4.1. Our Website has a platform, on which you will be able to register for the Service.
4.2. In order to register for the Service, you must be:
(a) Registered with a General Practitioner practice in England or live in England and have a General Practitioner practice in one of the other home countries (Wales, Scotland or Northern Ireland); and
4.3. We are required to satisfy ourselves as to your eligibility to receive the Service. In order to do this, the Website contains a registration form (the “Registration Form”) which requires you to provide us with information including but not limited to:
(a) your date of birth;
(b) email address and/or telephone number;
(c) the delivery address for the LFD’s (“Delivery Address”);
(d) your General Practitioner’s details (including their name, the surgery name and postal address);
(e) any NHS letter from before 27 June 2023 confirming your eligibility;
(f) in the absence of any such NHS letter, confirmation that you have at least one risk factor for progression to severe Covid-19 according to the Nice Guidelines; and
(g) such other information that we may request that you provide when completing the Registration Form.
4.4. By completing the Registration Form and registering for the Service, you also confirm that we are authorised to review the National Care Records Service to satisfy ourselves as to your eligibility to receive the Service.
4.5. Once you have completed the Registration Form, we may contact you using the email address and/or telephone number you provide to us in order to obtain further information regarding your eligibility to receive the Service. At that time, we may request that you provide us with further documentation relating to your eligibility to receive the Service.
4.6. You confirm to us that the information that you provide to us relating to your eligibility to receive the Service (whether in the Registration Form or otherwise) will be true, complete and accurate. You acknowledge that we can have no liability to you whatsoever as a result of any incomplete, inaccurate and/or untrue information that you supply to us. For example, if you provide us with an incorrect Delivery Address, we cannot be responsible for any delivery of LFDs to that Delivery Address.
4.7. We reserve the right to refuse access to the Service to individuals that we reasonably consider are:
(a) not eligible to receive the Service;
(b) attempting to register for the Service on behalf of an individual that is not eligible to receive the Service;
(c) excessively using the Service over a short period of time; or
(d) using the Service for fraudulent or other criminal activities,
and in each case we reserve the right to report such to the appropriate authorities.
4.8. If you experience any issues or have any questions during the initial registration process, please contact us under clause 1.3.
5. ONCE THE REGISTRATION PROCESS IS COMPLETED
5.1. Once you have completed our Registration Form and provided any additional information that we require in relation to your eligibility to receive the Service, we will review the details that you have provided and inform you as to whether you have been accepted as being eligible to receive the Service in writing or by telephone.
5.2. If we do not consider that you are eligible to receive the Service, we will notify you of this in writing or by telephone, explaining the reasons why.
6. DELIVERY OF THE LFDS
6.1. Any delivery of the LFDs to you in connection with the Service will be made via Royal Mail or any other courier of our choice.
6.2. Any delivery dates that we notify to you are approximate only and are subject to when the Royal Mail or our other couriers are able to deliver the LFDs. To the greatest extent permitted by law, we will not be responsible for any delays experienced with the delivery of the LFDs.
6.3. If you require urgent access to LFDs, please contact us and we will discuss the available options. An alternative course of action may also be to visit our pharmacy (see above our pharmacy address) or an alternative pharmacist.
6.4. If you fail to accept the delivery of your LFDs, or if you wish to change your Delivery Addressonce your LFDs have been processed for delivery, you must contact us and provide anyinformation required for us to process any further delivery or request. We reserve the right to reject any such request in the circumstances described in clause 4.7.
7. TESTING AND POSITIVE RESULTS
7.3. If you test negative, but still have symptoms of Covid-19, you should take a total of three LFDs over three consecutive days. If any of those tests are positive, you should carry out the actions set out in clause 7.2.
8. INFORMATION CONTAINED ON THE WEBSITE AND ADDITIONAL RESOURCES
8.1. We take care to ensure that the information on the Website relating to the Service and Covid-19 is accurate. However, this is an area that is continually developing and, occasionally, the information provided may be out of date. General medical information provided on the Website or in these Terms is for general purposes only and is not a substitute for specific medical advice which is tailored to any particular medical need.
8.2. Additional and lengthy resources relating to Covid-19 can be found via the NHS website at www.NHS.com, however this link and other links to websites which are controlled by third parties are for your convenience only and we have no control over any information contained on them or your use of them.
8.3. If you have a medical emergency, Covid-19 related or otherwise, please contact your General Practitioner or contact 111 or 999.
9. OUR LIABILITY TOWARDS YOU
9.1. We do not exclude or limit in any way its 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in respect of the Services.
9.2. To the greatest extent permissible by law, we will not be responsible for any:
(a) loss of profit;
(b) loss of goodwill;
(c) loss of business;
(d) loss of business opportunity;
(e) loss of anticipated saving;
(f) loss or corruption of data or information; or
(g) any indirect, special or consequential loss,
that arises under or in connection with these Terms or your use of the Service, whether arising in contract, tort (including negligence) breach of statutory duty or otherwise.
9.3. We will also not be responsible for any loss or damage suffered by you as a consequence of any false, misleading or inaccurate information you provide to us in connection with the Service.
10. THIRD PARTY RIGHTS
These Terms do not give rise to any rights for any third party to enforce any term of these Terms.
11. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be in breach of any of our obligations under these Terms (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of our obligations shall be extended accordingly, however if the delay continues, we will keep you informed.
12. VARIATION
We may change these Terms at any time. Please read these Terms every time you wish to use the Service, so that you’re aware of any changes we have made.
13. JURISDICTION AND APPLICABLE LAW
These Terms are governed by English law and any dispute arising under or in connection with them shall be determined exclusively by the English courts.
14. HOW TO MAKE A COMPLAINT
To make an official complaint about either the Website or the Service, you should contact the Customer Support management team. You can do this in any of the following ways:
(a) phone: 01772 717 574 (Monday to Friday 8:30am to 6pm, Saturday 8:30am to 17:00, Sunday – 10:00am to 13:00pm);
(c) post: 331 Garstang Road, Fulwood, Preston, PR2 9UP.