Introduction
What these terms cover - These are the terms and conditions on which you should consider when using this website (Part 1) and purchasing our product (Part 2).
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the product to you, what to do if there is a problem and other important information.
Who we are - We are Upcann Software FZCO, trading as Dr Green NFT (“Dr Green”) with our registered office address at Silicon Oasis, Dubai, United Arab Emirates. (These Terms & Conditions also encompass UpCann LDA in Portugal and UpCann Limited in the UK).
Contact us – you can email us on [email protected]
Contacting you - If we have to contact you, we will do so by writing to you at the email address provided to us when registering on our portal and you opened an account with us or when you purchased our product.
PART 1 - Website
1. INTERPRETATION
1.1 “Agreement” shall mean the agreement set out in this document namely the terms and conditions of the Dr Green website.
1.2 “Communication" shall mean any communication by means of electronic transmission, including by website notice, telephone, text, SMS, wireless computer access, email, mobile Application, USSD or similar technology or device;
1.3 “Intellectual Property Rights” shall mean copyright, trademark, patent or any other intellectual property right recognised by law.
1.4 “Product” shall mean goods sold or advertised on the website by Dr Green
1.5 “User” shall mean any person who enters the website.
1.6 “Dr Green website” shall mean: https://drgreennft.com
2. DURATION AND COMMENCEMENT OF THIS AGREEMENT
2.1 The terms and conditions of this agreement are applicable to Users from the moment that they access the website,
2.2 The terms and conditions that require registration, shall endure indefinitely until terminated by Dr Green.
3. PRIVACY POLICY
3.1 Dr Green and its representatives are not responsible for and give no warranties or representations in respect of the privacy policies or practices of any inter alia: third party and/or linked websites and/or linked application.
3.2 Dr Green ‘s privacy policy can be found on the website.
4. USE OF INFORMATION
4.1 This website is operated and controlled by Dr Green and / or its nominees. The information from this website is protected by copyright and other proprietary rights laws. No information from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written consent of an authorised representative of Dr Green or the manufacturer and/or wholesaler and/or agent and/or supplier of such product or service, as the case may be.
4.2 Dr Green and / or its affiliates retain all intellectual property rights in the Products, as the case may be.
4.3 All photographs, marketing techniques, designs, advertising pitches are the sole property of Dr Green and may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written consent of an authorised representative of Dr Green.
4.4 Any unauthorised copying, or attempt at copying, assignment or transfer of this Agreement, may result in the immediate termination of this Agreement by Dr Green and Dr Green reserves the right to seek civil damages or press criminal charges, as it sees fit, without limiting any of its rights.
4.5 The User is not granted a licence or any other right including without limitation under any Intellectual Property Rights in or to the content of this website.
4.6 Dr Green expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and / or restrict access to the website or any of its content for whatever reason.
4.7 Any person or entity whose products or services are removed from the website shall have no recourse against Dr Green and/or its affiliates.
4.8 Should any party be of the belief that content on the Dr Green website is in violation of any Intellectual Property Rights (“violation”), such violation must be reported to Dr Green in order that Dr Green is able to assess the situation, contact all relevant parties and take the measures it deems to be appropriate in the circumstances.
In order to assess the situation, Dr Green requires that the following be sent to it:
i. Identification of the alleged violation,
ii. Contact details of the reporter of the violation in the form of telephone number, email address and full name,
iii. Proof of Intellectual Property Rights,
iv. Should the reporter not be the owner of the Intellectual Property Right, we require authorization of the reporter’s right to report the violation to us.
4.9 Should the information requested in terms of clause 4.8 above not be provided, Dr Green is under no obligation to take any action.
4.10 Any prices, at any time, displayed on the Website:
i. Are not necessarily final and may be amended by Dr Green at any time and Dr Green cannot be held liable for any loss/damages resultant upon amending prices displayed on the Website.
ii. Dr Green reserves the right to amend any incorrect prices displayed on the Website at any time.
4.11 Any Products advertised on the Website:
i. Are subject to Dr Green’s discretion.
ii. May vary from the photographs displayed on the Website.
5. SECURITY
5.1 Dr Green shall not be liable for any security breaches occurring on the website whatsoever, including by virtue of the negligence of Dr Green.
5.2 Dr Green shall not be liable for any security breaches resulting in a lack of virus protection or spyware that any User may have inadvertently installed on their device, or which may automatically install on the User’s device.
5.3 It is the duty of all Users to ensure that their hardware and software is secure from threats which are found on the internet and that they back up their data regularly. Dr Green shall not be liable for any failure to attend to the aforementioned.
5.4 Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted and Dr Green reserves its rights to both institute criminal proceedings against such persona and its employer and/or claim damages for any losses or damages it incurs from such person and/or its employer.
5.5 Dr Green shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of website content by the User or any third party who obtained any content from the User.
6. DISCLAIMER
6.1 The use of any information contained on this site is at the User’s own risk, and Dr Green and its affiliates accepts no liability for the use of and / or reliance upon and / or inability to use any information of this site, nor shall they be liable in any manner for any losses or damages of any nature resulting from the direct or indirect use of and/or reliance upon the information contained on the website or websites linked to the website.
6.2 It is the User’s responsibility to ensure that their software or hardware, as the case may be, is compatible with the website.
6.3 Communications expressed on this site should not be regarded as the opinion or view of Dr Green and Dr Green will accept no liability resulting there from.
6.4 Dr Green will accept no responsibility for losses or damages resulting from the reliance on information on the Website, and Users should always seek professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
6.5 The Website is supplied in the form preferred by Dr Green and is not catered per the requirements of an individual.
6.6 Regarding any hyperlinks provided on the website, Dr Green does not necessarily agree with the content thereof and accepts no liability incurred from the use of such hyperlinks.
6.7 Users agree to indemnify and hold harmless Dr Green, its officers, directors, employees, partners, suppliers and affiliates, from and against any losses, damages, fines and expenses (including solicitor's fees and costs) arising out of or relating to any claims that the User has used the website in violation of another party's rights, in violation of any law, in violation of any provisions of the terms, or any other claim related to the User’s use of the Website.
6.8 Website Cookies: when entering the website, information such as user preference and activity may be stored and used by Dr Green to improve the Website’s functionality. Cookies may be disabled by Users.
Please see Cookie Policy on this website
7. HEALTH AND SAFETY
7.1 Dr Green shall not be liable, and the User hereby waives any claim, against Dr Green for the use or misuse of Dr Green’s Products, as well as the availability (or lack) thereof.
7.2 It is each User’s responsibility to ensure that they have consulted an approved medical practitioner prior to using Dr Green’s Products.
7.3 Dr Green does not warrant that its Products are suitable for the User and are purchased at the User’s discretion.
8. JURISDICTION AND GOVERNING LAW
8.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales, notwithstanding the location that the User accesses or uses the website from.
8.2 Dr Green shall nevertheless have the right to institute proceedings in any other competent court which may otherwise have jurisdiction should it choose.
9. WHOLE AGREEMENT
9.1 This Agreement (together with Dr Green’s terms of sale and applicable policies) constitutes the entire Agreement between Dr Green and the User with regard to the use of the content and this Website.
10. SEVERABILITY
10.1 If any provision of this Agreement is held to be invalid or unenforceable or contrary to any law for any reason, that provision is fully severable from the remaining provisions of this Agreement.
11. GENERAL
11.1 Dr Green reserves the right to amend its Website and/or this Agreement or any part(s) thereof. This includes addition and removal of any of the terms and conditions of this Agreement and the features of the Website.
11.2 Dr Green may modify its terms and conditions at any time. Modifications will be published on the Website. It is the User’s duty to acquaint themself with the contents of the Website’s terms and conditions and be aware that the same may change from time to time at the discretion of Dr Green.
11.3 If the User does not understand any of the terms and conditions of this website or agreement, the user is encouraged to seek assistance from whomever the user feels appropriate.
11.4 To access certain features of the Website, you are required to register and create an account. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.
11.5 Acceptable Use - You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website. Prohibited activities include, but are not limited to, transmitting any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
11.6 Termination and Suspension - Dr Green reserves the right to suspend or terminate your access to the Website at any time, for any reason, including if Dr Green reasonably believes that you have violated these Terms.
11.7 Disclaimers and Limitations of Liability – The Dr Green Website is provided "as is" and we make no representations or warranties of any kind, express or implied, about the operation of the Website or the information, content, materials or products included on the Website. Dr Green shall not be liable for any damages arising from your use of the Website.
PART 2 – Purchasing our product.
1. THE ORDERING PROCESS
1.1 How we will accept your order. To comply with Safeguarding regulations and Know Your Customer (KYC) requirements, we must undertake appropriate checks. As a result, we will run a soft database check through our third-party supplier on your first order, on an annual basis and potentially after any designatory changes.
Our acceptance of your order will take place when confirm acceptance albeit that preparation of your order will not commence until we have received your order and you have paid for it pursuant to paragraph 2.1.
1.2 If we cannot accept your order. If we are unable to accept the order, we will inform you via email and will not charge you for the product. This might be because the product is out of stock, because of unexpected delays or problems with third party suppliers which we could not reasonably plan for or because we have identified an error in the order.
1.3 Prescription Validity. In a jurisdiction where a prescription is required to fulfil the order, where the prescription contains certain controlled drugs, a private prescription is only valid for twenty-eight days from the time of writing. This means that an order for medication must be made within this timescale.
Dr Green cannot take orders for a prescription that is no longer valid. Please be aware that the lead time for delivery is 1-5 working days this may lead to your prescription expiring before we are able to dispense your medication.
1.4 Your order. You can view your full order history by logging into your portal.
1.5 Expiry dates. Due to the usual short-dated nature of the product, we recommend that when you pay for orders, consider only doing so for quantities that will cover a one-month treatment-period. Dr Green will not be liable for any additional prescribing or fees that may be incurred as a result.
2. PAYMENT & CHARGES
2.1 Where a prescription is required. Where Dr Green provides medication for patients based on their individual prescriptions, patients must pay for their medication before it is picked. Only once you have paid for your prescription will a contract come into existence between you and Dr Green and until such time as:
(i) your order has been accepted
(ii) your prescription has been received and
(iii) payment for that prescription has been made,
We will not have any liability to you and it will be your responsibility to contact us within 30 days regarding any order you may have placed through our website if there is any delay.
2.2 Charges. In addition to being charged for the products ordered, you may also be charged for the prescription as well as postage and packaging of your medication. The total amount of charges payable by you will be notified to you in accordance with paragraph 2.4 below.
2.3 Payment Methods. Payment is only accepted by debit or credit card, via our online payment portal/gateway.
Receipts will be emailed after the payment is taken. In providing payment card details, you authorise Dr Green to take payment in full for the applicable prescription charges, postage and packing charges and any other charges that become due to us under these terms (see 2.4 below).
Where you may be entitled to a refund, it will only be made using the payment gateway and/or card originally used for payment. We reserve the right to refuse any order you place with us. At our sole discretion, Dr Green may limit or cancel quantities purchased.
2.4 Minimum payment orders. Where the order is less than £100 (or equivalent), you will be required to pay the prescription charge, as well as the product costs (but not any costs associated with activity outlined in 1.1 above).
Should the order be £100 (or equivalent) or above, Dr Green will cover the prescription charges (and other charges associated with 1.1 above).
3. DELIVERY OF THE PRODUCT
3.1 No retail outlet. Dr Green does not have a retail outlet and we are only able to take orders via our website portal (with a valid prescription where required). Once dispensed, product will be delivered to the address provided and verified during our KYC checks at the time of order (see 1.1 above).
3.2 Delivery times. At the point of confirming acceptance of your order, we aim to dispatch your medication within 1-5 working days, where this is not possible, Dr Green will contact you to advise of your options. This will depend on the product ordered and its availability.
3.3 Courier Delivery. Delivery will be via trackable courier, will require a doorstep photograph and in most areas will require a PIN to be disclosed to the courier before the product will be able to be given to the recipient. Once the package is delivered, our responsibility for the delivery ends. If the packaging is opened after delivery, we will have no liability to you for lost items or damage to items after delivery. Due to the nature of the products being supplied from us, Dr Green does not accept liability for the loss of the product once delivery is complete.
3.4 If you are not home when your order is delivered. If no one is available at the nominated address to take delivery, the products cannot be posted through your letterbox. Our courier will leave you a card informing you of their attempt to deliver, you are responsible for re-arranging delivery.
3.5 If you do not re-arrange delivery. If you miss your delivery, your product may be returned to Dr Green, in this event we will then contact you to re-arrange the delivery however this may incur a minimum redelivery charge of £20 which must be paid for before we will despatch your order. If you no longer want your medication once this is returned to the pharmacy, you will not be entitled to a refund as per 4.1 below.
4. PROBLEMS WITH YOUR ORDER
4.1 In line with General Pharmaceutical Council guidance, Dr Green does not offer refunds on medication or products that have been dispensed (correctly) on prescription. Once medication or prescription products have been dispensed, they cannot be reused and must be disposed of.
4.2 In the first instance, if you do not find your medication, medical device or other prescription product suitable, this must be discussed with your prescribing doctor. If your medical device is defective, you should in the first instance make sure you have registered the warranty and then contact the manufacturer directly.
4.3 Please check the items dispensed to you carefully and promptly upon receipt. If you believe there may have been an error, you should contact us immediately and should not take or use any of the items.
Please contact us to report an error using one of the methods in above. Please provide your order number when contacting us.
4.4 For prescription orders only - Where an error has been made by Dr Green in dispensing medication, a full refund will be given if we are notified. Alternatively, Dr Green will provide you with replacement product where possible and will arrange for collection of the previously dispensed order, so it can be safely disposed of.
5. PERSONAL INFORMATION
5.1 All personal information provided to Dr Green is kept confidential and will only be used to provide you with product services or as otherwise agreed with you.
5.2 Dr Green holds all personal information in accordance with relevant data protection legislation. For more information about how your personal information will be used and how you can exercise your rights in relation to such information, please read our privacy policy that can be accessed at www.drgreennft.com
6. REFUNDS
(Please see our Returns Policy for full details).
6.1 We will refund you the price you paid for the products, if Dr Green has made an error in fulfilling your order, including delivery costs where applicable. The refund will be by the method you used for the payment initially. We will make refunds to you as soon as is possible but will be within 14 days of you informing and evidencing Dr Green of any error.
7.COMPLAINTS
7.1 All customers of Dr Green are entitled to make complaint if they are not satisfied with the services they have received. All complaints will be investigated thoroughly so we can improve the service provided.
7.2 Complaints should be emailed to [email protected] with the Subject: Complaint. If you are unable to provide the details of your complaint in writing, please contact us to discuss alternative ways to raise your complaint.
The individual making the complaint will receive an acknowledgement within five working days of receipt of the complaint and we aim to provide a full response within 30 working days or provide the reasons for any delay.
8. OTHER IMPORTANT TERMS
8.1 Nobody else has any rights under this contract - This contract is between you and us. No other person shall have any right to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
8.2 Governing law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim and each party submits to the exclusive jurisdiction of the courts of England and Wales.
8.3 Changes to the Terms & Conditions – The most current version of the Terms and Conditions are available on this website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by updating the website. Your continued use of or access to our website is deemed an acceptance of those changes by you.