Terms and Conditions
These Service Terms are important so please read them carefully before you use the services on our website. They create a contract between you and us when you click 'Confirm Order'.
These Service terms apply when you create an account on this website at www.ourberry.com ("Website") and use the Website for any of the following (“Services”):
Requesting and/or obtaining an online physician consultation (“Consultation”);
Requesting and/or obtaining a prescription to purchase any medication available through the Website (“Prescription”);
Requesting and/or obtaining any prescription medication available through the Website (“Prescription Product”); and
Purchase any other product, other than a Prescription Product, available through the Website (“Non-Prescription Product” and, with the Prescription Products, “Products”).
These Service Terms tell you:
1. How we will provide Services to you,
2. How you and we may change or end the contract created between you and us,
3. What to do if there is a problem and
4. Other important information.
Please read these Service Terms carefully before you agree to them.
If you think that there is a mistake in these terms please contact us to discuss.
These Service Terms do not cover your purchase of any Consultation or Prescription Product.
The Consultations and Prescription Products are sold by our our partner clinic Berry Care Clinic (“Clinic”). The Clinic’s terms and conditions of sale are set out in the Clinic Terms (below) which create a separate contract between you and the Clinic, regarding your purchase of the Consultations and any Prescription Products.
1. Who we are, what we do and contacting us
a. We are Berry Health Limited, company number CS082850321 and address at "we", "us".
b. We offer a platform where you can create an user account ("Account") which allows you to:
Obtain a Consultation;
Purchase, on a monthly subscription basis ("Subscription"), Prescription Products, if any, that have been prescribed to you based on your Consultation; and
Purchase other Non-Prescription Products made available on the Website from time to time
c. We are a platform provider to help facilitate transactions that are carried out on the Website.
We are neither the buyer nor the seller of the Consultations or the Prescription Products. The Consultations and Prescription Products are sold by the Clinic on the Clinic Terms.
2. Our Services
a. Through the Website, you can contract with us for the Services made available by us on the Website. However, as discussed in these Service Terms, your contract for the Consultations and the Prescription Products you subscribe to through the Services will be with the Clinic rather than with us.
b. We are under a legal duty to provide Services that conform to their description on the Website and these Service Terms.
c. We rely on you providing accurate information in order to provide the Services, so please ensure you answer our questions accurately. The Services are designed to help you access Consultations and, if prescribed by the physician, to buy the Prescription Products through a Subscription. To do this, we will ask questions about your health and current medication. Your answers are reviewed by a Ghanaian Medical and Dental Council Licensed Physician to determine whether it is safe to prescribe the Prescription Product to you. It is important you provide accurate responses to these questions, as you would to your doctor. In some cases, you may also need to answer additional questions to allow them to make this assessment, and we will contact you accordingly.
d. To be able to access the Services you must first create an Account with us. You can register for and use the Services through our Website provided that you are at least eighteen (18) years old and a resident of the Ghana, but for safety reasons, you will only be able to purchase Prescription Products if you are between the ages of 18 and 65. You must provide all details that we request during the sign up process, including valid contact details and a valid payment method as permitted on the Website.
e. Our website is solely for the promotion of our Services and the Products in Ghana. Unfortunately, we do not accept orders from or deliver to addresses outside Ghana.
3. Ordering
a. When you submit an order request for a Consultation and/or any Product (by clicking on the "Confirm Order" button), Company will send you an email with a reference number to confirm receipt of your order. The reference number will also be visible when you log in to your Account. It will help us if you can tell us this reference number whenever you contact us about your order.
b. When you receive a reference number, you have entered a contract with us for the Services and any Non-Prescription Products on these Service Terms, and you have also entered a contract with the Clinic for the Consultation on the Clinic Terms. You have not entered into a contract for any Subscription for Prescription Products at this stage. You only have a contract with the Clinic for a Subscription if and when your physician approves a Prescription and we send you a further email stating that your physician has issued a Prescription for a Prescription Product. Note that when you click “Confirm Order”, payment is taken for your full order, including any requested Subscription, but if you are not approved for a Prescription Product, your payment, less any charged Consultation fee, will be refunded to you.
c. The contract formed on entering into a Subscription for Prescription Products is solely between the Clinic and you. When you order a Consultation and/or a Subscription on the Website, you agree to the Clinic Terms are directly between you and Clinic. We are not a party to this contract and do not have any responsibility arising out of or in connection with it. We are not an agent for the Clinic. The Clinic are responsible to you for the sale and delivery of the Consultations and Prescription Products and for dealing with any claims or any other issues with the Consultations or Prescription Products.
d. When we contact you, we will do so by telephone (including SMS) or by writing to your email address or location using the contact details provided in your Order. You must keep your contact details up-to-date in your Account so that Company can contact you about your order as necessary.
4. Your Subscription, cancelling and renewing
a. Once you subscribe, your Subscription will continue on a month-to-month basis until you cancel it. We will take payment using the payment details in your Account on the same date each month, starting from the date that your Prescription is issued.
b. You may cancel or pause your Subscription at any time during your Subscription. If you cancel or pause your membership within 72 hours of your monthly billing date, we will still take payment for your next month's Subscription. Your Subscription shall continue until the end of that month before being cancelled or paused.
c. If you have cancelled your Subscription, you may not place a new order for the same Prescription Product within the same monthly Subscription period and must wait until the next monthly billing date has passed.
d. From time to time we may contact you to verify that the information we have on file about your health and medication is still current and accurate and to ask you to notify us of any changes where it isn't. In order to keep your Subscription active you must respond to any such request within the time period set out in the request.
e. In order to keep your Subscription active and continue to receive Prescription Products, you must renew your Prescription every six months from the date of the Prescription. To renew your Prescription, you must log into your Account and complete a new Consultation. You will receive an email notifying you when you need to renew your Prescription.
f. You can also find specific details of your Subscriptions by logging in to your Account.
g. We may terminate or pause your Subscription if:
i. You have not renewed your Prescription in accordance with these Service Terms within six months of the when your Prescription was issued;
ii. Your payment details or contact details are out of date/expired;
iii. You have not confirmed that the information we have on file about your health and medication is still accurate (or updated your details if there has been a change) within the requested time period;
iv. Your Account has been terminated or suspended (as set out below);
v. The requested Prescription Product is unavailable/out of stock;
vi. We cannot authorise your payment for any reason; or
vii. There has been a mistake on the pricing or the description of the Services.
5. User Accounts
a. You must ensure that your username and password are kept secure and confidential. You are responsible for any activity on your Account. It is your sole responsibility to monitor and control access to and use of your Account. You agree to keep your information accurate, complete and current.
b. You may make copies of your information contained in your account in any format and in doing so, you may make copies of reasonable portions of the Website and the material and content of the Website and your Account.
c. We may suspend access to your account or terminate your Account at any time and for any reason. We will tell you as soon as possible if we suspend or terminate your Account.
d. You can terminate these Service Terms at any time by contacting our customer services team. If you do so, you will no longer be able to access your Account or the information held in your Account and you will not be able to obtain any Consultations or Products.
6. Your Responsibilities
a. You are responsible for the information you provide to us about yourself, your medical conditions and your medication. You are responsible for letting us know if there are any changes in this information and for keeping it up to date. In particular, you need to tell us about any changes in your medical conditions, your medication and your delivery address. You promise that this information is accurate and acknowledge that if you do not provide accurate and up to date information you could be putting your health at serious risk. You can update your information by logging into your Account.
b. You must review the patient information leaflet and follow the clinical directions provided with each Product before using it.
c. You are responsible for notifying your doctors that you are using any Products.
d. You agree that you will only order and use the Website, the Services and the Products for your own personal use. We do not offer the Website or the Services for you to use or order Consultations or Products on behalf of other people, including partners or other family members.
e. You agree not to use our Website, the Services or any Products for any unlawful purpose. We will not be responsible for any misuse or abuse of the Website, Services or Products.
7. Our liability to you
a. These Service Terms do not exclude or limit our liability (if any) for:
i. death or personal injury caused by our negligence;
ii. fraud;
iii. fraudulent misrepresentation; or
iv. any matter which it would be illegal for us to exclude or attempt to exclude our liability.
b. We are only liable to you for losses which you suffer as a direct result of our breach of these Service Terms and which are reasonably foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted the Service Terms was made, both we and you knew it might happen.
8. Our Right to make changes to these Service Terms
We may make changes to these Service Terms, but if we do so we will give you at least 10 working days notice of any changes and you may then contact us to cancel your Subscription before the changes take effect and receive a refund for any Services or Products paid for but not received.
9. Payments
a. All prices set out on the Website are inclusive of all taxes payable in the United Kingdom. The price of the Consultations and Products will be the price indicated on the page displaying your order when you clicked “Confirm Order”. We take all reasonable care to ensure that the prices displayed are correct.
b. You may pay for Consultations and Products:
i. using your credit or debit card as indicated on the Website; or
ii. using such e-wallets or e-money as are accepted on the Website from time to time.
c. You have to enter your chosen payment method and details when you open your Account. By completing your payment details, you confirm that the payment method being used belongs to you.
d. All payments are subject to the approval of the financial institution issuing your credit/debit card and credit verification or the provider of e-money or mobile money, and we will not be responsible if the payment fails credit verification or if such financial institution or provider refuses to accept or honour the payment for any reason. We may also report any suspicious transactions to the relevant authorities. We may decline to accept or take any payment without giving any reason. Please note that it can take 2 to 3 days (excluding weekends and bank holidays) to process your payment. We will tell you if we incur any issues obtaining approval for the payment. This may cause a delay in delivering the Products to you and we will not be able to process your payment and deliver the Consultation or any Products until we have received authorisation.
e. The payments you make include our fee for the Services and the price of the Consultations and Products and we will collect the relevant payment on behalf of the Clinic.
10. Delivery
Delivery of the Prescription Products will only take place if your Prescription is approved and once the Subscription payment for that month has been processed. The delivery of the Prescription Products is governed by the Clinic Terms.
11. Your personal information
We take our responsibility for care of your personal information very seriously. Please see our Privacy Policy for information on how we process your personal information. Processing of your information by the Clinic will be governed by the Clinic Terms.
12. Complaints and Customer Services
a. If you are unhappy with our service to you or any other matter then please contact us as soon as possible at: support@ourberry.com
b. Where your complaint is related to the provision and delivery of the Consultation, Prescription and Prescription Products or is medical in nature, we may redirect our query to the Clinic.
c. We will try to resolve any disputes with you quickly and efficiently. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
let you know that we cannot settle the dispute with you; and give you certain information required by law about our alternative dispute resolution provider.
13. Disclaimers
a. The Services, and any Products provided through the Website, are provided on an"as is" and "as available" basis. WE MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE SERVICES, THE PRODUCTS, OR ANY INFORMATION, CONTENT, OR MATERIALS INCLUDED IN OR REFERENCED ON THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE SERVICE TERMS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE.
b. We do our best to ensure that the information accessed through the Services is accurate and up to date but cannot guarantee that this will always be the case.
c. We aim to make the Services available to you all the time but sometimes they may be unavailable due to maintenance or to factors outside of our control, such as the internet.
14. General
a. These Service Terms and all communications between us will be in English. No other languages will apply to these Service Terms.
b. You may not transfer any of your rights under these Service Terms to any other person.
c. We may transfer any of our rights under these Service Terms to any person or ask any person to fulfil any aspect of it so long as the performance of these Service Terms is not affected.
d. Only you and us have any rights under these Service Terms. No other person shall have any rights under these Service Terms.
e. Each of the paragraphs of these Service Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
f. Even if we delay in enforcing these Service Terms we can still enforce it later. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
g. These Service Terms will be governed by Ghanaian law and you may bring legal proceedings in respect of these Service Terms and/or the supply of services by us in the Ghana Courts.
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