These Terms apply to pH7's mobile applications and/or websites in Portugal.
The App(s)/Website(s) Services enable you to request services from Medical Practitioners and Pharmacies, which act as Third Party Providers. These services are facilitated through pH7’s mobile applications and/or websites in Portugal.
For Third-Party Services, you are contracting directly with Third-Party Providers and pH7 acts merely as an online platform
pH7 acts as a Service Provider for the medical appointment booking service.
For pH7 Provided Services, you may be required to accept the separate agreement(s) which govern your use of those services.
Please read these Terms and Conditions carefully. They include information about our services, your rights, and other important information.
We are TETRODAXOL UNIPESSOAL LDA, a private limited liability company established in Portugal, registered at the Portuguese Chamber of Commerce under the number 516762184 and having its offices at Office R. Padre Américo N 7 B 1 Dto 1600-548 LISBOA. You can contact us at help.pH7.com
“Third Party Providers” are independent third parties and include, but are not limited to, Practitioners and Pharmacies under an agreement with pH7.
“Third Party Services” include, but are not limited to, services and goods in the field of prescription, dispensation, transportation, delivery, logistics, mobility, and the cannabis-based products and medicines, provided to you by independent Third Party Providers. These are provided to you through the use of the Services, as defined below.
“pH7” means TETRODAXOL UNIPESSOAL LDA., or any of its subsidiaries or affiliates (“we” or “us”).
“pH7 Provided Services” means the online booking of the clinical services provided directly to you by pH7’s affiliated Practitioners.
By accessing, visiting, or using pH7’s mobile applications, you declare to be fully and clearly aware of the rules and warnings included in these Terms and Conditions, and accept to be governed by them.
If you do not agree with the Terms and Conditions, you should not access or use pH7’s mobile applications or any of its contents.
1.1. These terms cover your access and use of pH7’s mobile applications and/or websites (the “Terms”).
1.2. These Terms apply to the extent they do not conflict with any terms that specifically apply to pH7's mobile applications and/or websites. You will be asked to agree to those terms separately.
1.3. pH7 provides an online platform for the Third Party Providers for Third Party Services and as the service provider for pH7 Provided Services (see clause 4 below).
2.1. The services provided to you by pH7 consist of:
2.1.1. Access to and use of pH7's mobile applications and/or websites which enable you to display your medicines and medicinal products or substances online and for the Users to purchase them directly from you; and
2.1.2. Execution of payment operations, under a payment services agreement, allowing us to charge Users directly (TETRODAXOL UNIPESSOAL LDA, may engage an affiliate or a third party to provide these services).
2.2. These Terms apply to your use of the App(s)/Website(s) Services in Portugal. By accessing and using the App(s)/Website(s) Services in another country, you may be subject to country-specific terms.
2.3. Unless otherwise agreed separately in writing, the App(s)/Website(s) Services are made available to you for your personal non-commercial use only.
2.4. You can request Third Party Services or pH7 Provided Services via pH7’s mobile applications and/or websites.
3.1. For Third-Party Services, pH7 acts as an online platform enabling the Third Party Services to provide its services directly to you. pH7 does not provide the Third Party Services. All Third Party Providers are independent third party contractors, registered businesses or other legal entities who are not employed by pH7
3.2. When you are logged in, you will be given information in pH7’s mobile applications and/or websites about the Third Party Services before you decide to make a request.
3.3. Third-Party Providers (for Third Party Services) and pH7 (for pH7 Provided Services) are free to decide to accept or reject a request. Acceptance of the request is communicated to you on behalf of the Third Party Providers through pH7’s mobile applications and/or websites and will give rise to a direct contract between you and the Third Party Provider (for Third Party Services) or between you and pH7 (for pH7 Provided Services).
3.4. For some Third-Party Services, you may be required to agree to separate terms prior to using such Third-Party Service(s).
3.5. You may be asked to rate the Third Party Provider whose services you requested.
3.6. The Third Party Provider is responsible for any obligations that may arise from the provision of the Third Party Services, and ensures that it is aware of and complies with the legal requirements for dispensing cannabis-based medicines and medicinal products remotely.
3.7. There shall be no contractual bond between Users and pH7 nor between pH7 and the Third Party Providers regarding the Third Party Services
4.1 For pH7 Provided Services, pH7 acts as an online booking service of online medical appointments, which will be carried out by medical Practitioners under agreement with pH7, as Third Party Providers.
4.2. Our Practitioners are based in the EU. They are members of the appropriate regulatory body, and they are committed to clinical best practices and any related standards.
4.3 Our Practitioners are technically and deontologically independent and responsible for their acts, without being subject to any guidance from pH7.
4.4 Our Practitioners might have different opinions on some medical conditions or symptoms. This doesn't mean that the clinical services are at fault, it's normal for experts to have different views from time to time.
4.5 Your medical appointment will be arranged as soon as possible. We can't commit to offer consultations in a specific timeframe, or that a specific Practitioner will be available at a particular time.
4.6 To make sure we're giving you the best service we can, we’ll request your consent to allow us to record your appointment. To find out more about how we use this information and how we protect your privacy, see our privacy policy.
4.7 If you don't think you've been able to clearly share your medical needs during an appointment, you should speak to a Practitioner in person. If you're worried about any advice you've received, then you should book another consultation to discuss this.
FAQs: prescription delivery services
4.8 The decision to prescribe any medicine or medical product or substance is the sole responsibility of the Practitioners, as well as compliance with the legal requirements relating to its prescription
4.9 If you are prescribed any cannabis-based medicine, product or substance, you can apply for its dispensation through the pH7 application. However, you are completely free to choose the pharmacy of your preference, outside the App.
4.10. You are responsible for your own acts and omissions, which may mislead the clinical assessment during the medical consultation. You are also responsible for false statements that may result in a wrong clinical evaluation, including concealing or falsely indicating symptoms, using false personal data or identification, among others.
4.11 Search: You can search for Practitioners using criteria such as the type of Practitioner and clinical specialty. You can also use filters to refine your search results. Search results are based on relevance to your search and other criteria. Relevance considers factors such as price, availability, reviews, cancellation history, popularity and past appointments, among others.
4.12 Booking: By scheduling an appointment with a Practitioner, you agree to pay all costs of your consultation, including the consultation price, applicable fees, taxes and any other items identified during the payment process (collectively "Total Price"). When you receive confirmation of the consultation, a contract (sometimes called a consultation in these Terms) is formed directly between you and the Provider. The cancellation policy and any other rules, standards, policies or requirements identified in the Service to be performed by the Practitioner or during the payment process are part of your contract with the Practitioner.
5.1. pH7 partners with Pharmacies that can fill your medical prescription and act as “Third Party Providers”. These Pharmacies aren't part of pH7 and we can't take responsibility for their acts or mistakes.
5.2. The price of the cannabis-based medicine or substance is set by the pharmacy, according to the applicable regulation and pH7 doesn’t have any influence on it.
5.3. You can choose to have your medicine delivered to your home, or you can pick it up from a selected Pharmacy near you.
5.4. Users purchase the medicine directly from the Pharmacy, which will be solely responsible for issuing the respective invoice to the User. pH7 will not engage in any contractual bond with Users regarding this purchase and cannot accept any responsibly for returns or refunds regarding dispensation of cannabis-based medicine or substance
5.5. By choosing home delivery, you agree to the terms and conditions of our partner pharmacy.
5.6. Compliance with the legal requirements for home delivery of cannabis-based medicines, products or substances is the sole responsibility of the selected pharmacy.
6.1. To use the App(s)/Website(s) Services, you must register in pH7's mobile applications and/or websites and set up an account. At the time of registration, you must either be eighteen (18) or the age of legal majority in the country where you register if different from eighteen (18), unless the terms governing the specific Third Party Services or pH7 Provided Services impose different age requirements.
6.2. You must provide us with certain personal information to register, including your phone number and email address. To use the App(s)/Website(s) Services, pH7 Provided Services or certain Third Party Services, you need to provide at least one valid payment method (credit card, debit card or any other accepted payment method). You may need to provide additional information, such as your address, and documents before using certain pH7 Provided Services or Third Party Services.
6.3. We may temporarily restrict your access to and use of the App(s)/Website(s) Services if there is a suspected breach of your obligations (see clause 6 below) or of these Terms, including where we receive a complaint in relation to fraud. There may be circumstances in which we are unable to provide you with information about the complaint whilst an investigation is ongoing (by us and/or a third party such as the police).
7.1. When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for the purposes for which they were intended as otherwise referenced in these Terms. You must not misuse pH7’s mobile applications and/or websites or attempt to defraud either us or Third-Party Providers.
7.2. You must provide accurate and complete information when you register an account and when using the App(s)/Website(s) Services.
7.3. Your account is personal to you. It cannot be licensed or shared. Once you have set up an account, you:
- may not register more than one account unless we agree otherwise in writing.
- may not allow third parties to use your account or transfer your account to a third party.
- must keep your account information accurate, complete and up to date.
- must keep your login details confidential at all times, and
- must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
7.4. You will be responsible for paying any fees or charges that may be incurred as a result of the provision of Third Party Services or pH7 Provided Services requested through your account as further detailed below.
7.5. You must not, in your use of the App(s)/Website(s) Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider, pH7 or any other party.
8.1. Charges for the App(s)/Website(s) Services
8.1.1. You will not be charged for using the App(s)/Website(s) Services. However, we reserve the right to introduce a usage charge, in which case you will be informed in writing and given the opportunity to terminate these Terms before any such charge is introduced. If you chose to terminate these Terms, you will no longer be able to access or use the App(s)/Website(s) Services.
8.1.2. We reserve the right to introduce a fee for specific features on pH7's mobile applications and/or websites. These may be subject to separate terms.
8.2. Charges for Third Party Services and pH7 Provider Services
8.2.1. If you make a request through pH7’s mobile applications and/or websites, you agree to pay the relevant charges as described in pH7’s mobile applications and/or websites prior to making the request and will be responsible for any charges or fees linked to your account in accordance with clause 7.4 above.
8.2.2. Depending on the pH7 Provided Service or Third Party Service used, including, but not limited to, its location, the charges may be displayed on pH7’s mobile applications and/or websites before a request is placed. In other cases, the charges will depend on your use of the Third Party Services or pH7 Provided Services.
8.2.3. In some cases, if the Third Party Services or the pH7 Provided Services cannot be performed due to your action or inaction (for example, if you are not present at the delivery location to receive a delivery), all charges may apply.
8.2.4. Once the Third Party Service has been provided, you will receive an invoice issued by the Third Party Provider. The invoice will include VAT, if applicable
8.2.5. It is of the sole responsibility of the Third Party Provider to issue invoices to Users.
8.3. General
8.3.1. For more information about charges and supplementary charges, fees, costs and/or fines specific to the relevant Third Party Service or pH7 Provided Service please consult the support section in pH7’s mobile applications and/or websites.
8.3.2. The charges may be modified in pH7’s mobile applications and/or websites from time to time.
8.3.3. Unless otherwise agreed, all charges are due immediately upon a request being placed and payment will be facilitated by pH7 using the preferred payment method associated with your account, after which pH7 will send you a receipt by email. If your primary payment method is not able to be charged, pH7 may use a secondary payment method if available.
8.3.4. Charges are inclusive of applicable taxes including VAT.
9.1. In some cases, you do not have the right to cancel the request for the Third Party Services and pH7 Provided Services once it has been accepted. However, for certain Third Party Services, pH7 or the Third Party Service Provider may allow you to cancel the request, but you may be charged a cancellation fee.
9.2. pH7 may refuse requests and cancel the Third Party Services or pH7 Provided Services if there is reasonable doubt about the correctness or authenticity of the request or about the contact information. In this case too, a cancellation fee may be charged.
Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or use of pH7’s mobile applications and/or websites on your device solely for your use and for you to access and use the information made available through pH7’s mobile applications and/or websites. Any rights not expressly granted herein are reserved by pH7 and pH7’s licensors.
We reserve all rights not expressly granted in these Terms. Our App(s)/Website(s) Services, our devices and all data gathered through pH7’s mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain our property or the property of our licensors. You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the pH7’s mobile applications and/or websites); (b) reverse engineer or attempt to extract the source code of pH7’s mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of pH7’s mobile applications and/or websites or data; (d) use, display, or manipulate any of pH7 Names, Marks, or Works for any purpose other than to use the pH7’s mobile applications and/or services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include pH7 Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use pH7 Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any pH7 Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in pH7’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license granted above.
We collect, use and disclose information from or about you as described in our Privacy Notice. Additional privacy notices may apply, including from third-party controllers, for pH7 Provided Services or Third Party Services.
13.1. You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of the App(s)/Website(s) Services, or your violation of any laws or third party rights. You are liable for all activities conducted through your account unless such activities are not authorized by you and you are not otherwise negligent.
13.2. In order to have access to the App(s)/Websites(s) Services, you agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to a breach of these Terms, breach of applicable law or third-party claims directly or indirectly related to your use of the Third Party Services, the pH7 Provided Services or your use of the Services generally.
We provide the App(s)/Website(s) Services “as is” and “as available.” The App(s)/Website(s) Services may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available or error-free at all times.
15.1. Nothing in these Terms limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or altering your rights that cannot be excluded under applicable law.
15.2. We are not liable under or in relation to these Terms (including, but not limited to, liability in contract, tort including negligence, misrepresentation, restitution or otherwise) for any of the following connected to the use of the App(s)/Website(s) Services: loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss.
15.3. Subject to clause 15.1, we are not liable for:
- damages or losses arising from any transaction between you and a Third Party Provider; or
- the availability and accuracy of the content, products or services of the Third Party Provider.
15.4. We are not liable for delay or failure in performance resulting from causes beyond our reasonable control.
15.5. Subject to clause 15.1, our total liability to you for the usage of pH7’s mobile applications and/or websites (and not in relation to any other arrangements between us for which the liability arrangements are governed by way of a separate agreement) shall not exceed 500 euros.
15.6. To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission by you or any third party.
16.1. You are free at all times to use the App(s)/Website(s) Services and may terminate these Terms and the App(s)/Website(s) Services by closing your account.
16.2. We may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and pH7 for the provision of pH7 Provided Services which refer to these Terms.
16.3. pH7 may, in its sole discretion, terminate these Terms or discontinue the App(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.
16.4. If we cannot charge the charges to your preferred payment method we may suspend or remove your access to pH7’s mobile applications and/or websites until payment is made.
16.5. You must immediately pay any outstanding charges due to Third-Party Providers or pH7 by you upon termination. Any such charges will survive termination and we reserve all rights to collect payment after termination.
17.1. pH7 may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you in pH7’s mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with clause 16.1.
17.2. The invalidity of any clauses in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable clause shall be deemed deleted.
17.3. We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Terms or by law. You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as your use of the pH7’s mobile applications and/or websites is personal, unless agreed otherwise.
17.4. These Terms are our entire agreement with you, together with any additional agreement relating to the provision of App(s)/Website(s) Services, and replace all previous agreements relating to your access and use of the App(s)/Website(s) Services.
17.5. You may be required to accept additional terms to access or use the App(s)/Website(s) Services. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.
17.6. There are no third-party beneficiaries to these Terms except as provided for in this agreement.
pH7 may make available to users acting as consumers a mediation scheme for consumer disputes related to the App(s)/Website(s) Services or these Terms with a view to their amicable resolution. In accordance with Law no. 24/96 of 31 July and Law no. 144/2015 of 8 September (in its current version), for any dispute of a contractual nature relating to the App(s)/Website(s) Services which could not have been resolved in the context of a complaint previously submitted to pH7’s customer service, consumers may resort to the following alternative dispute resolution providers at reduced or no costs. Eligible consumers can also submit complaints about our Services or these Terms to the European Commission’s online dispute resolution platform accessible here pursuant to the Regulation (EU) No 524/2013 of 21 May 2013. pH7 does not commit to using an online dispute resolution platform to resolve consumer disputes.
These Terms shall be exclusively governed by and construed in accordance with the laws of Portugal, excluding its rules on conflicts of laws, unless, if you reside in the EU, statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, in which case those provisions may apply. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. You may bring judicial proceedings relating to the Services before a competent Portuguese court. If you reside in the EU you may also bring judicial proceedings relating to the Services before the competent court of your country of residence. If you reside in the EU, we may only bring judicial proceedings against you in your country of residence, unless you are not acting as a consumer in which case you agree to submit to the exclusive jurisdiction of the Dutch courts, within the limits provided by applicable law in your country of residence.