Terms and Conditions
What are Echo’s pharmacy details?
Echo operates its own pharmacy, based at Unit 1 Westpoint Trading Estate, Alliance Road, Acton, W3 0RA (“Echo”). Echo’s pharmacy is registered with the General Pharmaceutical Council as Metabolic Healthcare Ltd under registration number 9011008. The superintendent pharmacist is Alistair Murray.
Terms & Conditions
Who and what is covered by these Terms?
These terms apply to:
(i) Your use of Echo sites, apps and services delivered by Metabolic Healthcare Ltd, a company incorporated in England and Wales under company number 09668487 whose registered office is 21 Dartmouth Street, London, SW1H 9BP (“we”/“us”/“our”), as described below (“Service”). Our VAT number is 221467234. By accepting these terms you therefore enter into a contract with us for the provision of the Service.
(ii) Any prescriptions ordered with Echo (contact details set out above). By accepting these terms, when you place any order with Echo, you enter into a contract with Echo’s pharmacy for the provision of that prescription.
The Service may facilitate the provision of services from GPs and Royal Mail. Those entities are not a party to these Terms but are may have separate legal terms and arrangements covering their services as explained in these Terms.
If you do not accept these Terms, then you should not use Echo.
What is Echo?
Echo is a digital service that enables you (the “Account Holder”), to request current repeat prescriptions from your NHS England GP. Approved prescriptions will be transmitted to and dispensed by the Echo’s pharmacy. The Account Holder can also make requests on behalf of someone that they are acting as a carer for if they have been given authority to represent them (proxy access). Our process utilises the NHS Electronic Prescription Service (“EPS”). The Account Holders’ contract with us is only to provide an intermediary/facilitation service. You can read more about EPS by visiting the official NHS website. By using Echo, you confirm that you understand the NHS EPS and that you have been provided with clear information that explains nomination.
By using Echo, you agree to nominate the Echo’s pharmacy at time of sign up as your NHS EPS pharmacy; this extends to any patients that the Account Holder is acting as proxy for. This means that all of your NHS prescriptions issued electronically will automatically be sent to the Echo’s pharmacy at the time of sign up for dispensing.
If at any point you want to remove your nomination, please contact us via firstname.lastname@example.org and we will action within two working days. Please note that if you cannot wait for delivery, we may be able to transfer your prescription to your nearest bricks and mortar pharmacy, provided you give consent for us to do so.
How does Echo work?
Download the app, register your details and make a repeat prescription request. Echo’s pharmacy team will then confirm your details and forward your request to your NHS England GP. By using Echo, you agree that Echo will generate a nomination certificate using your electronic signature and personal details, which may be shared with your GP practice, Echo’s pharmacy or any authorised NHS or regulatory body. You give consent for Echo to share information with your GP, if necessary, with regards to the electronic Repeat Dispensing Service (“RDS”).
We will not be able to dispense medication unless we are in possession of a valid prescription which meets the requirements set out in applicable laws and guidance. In particular, for controlled drugs your signature will be required on the prescription and/or upon receipt of the medication.
You agree that the pharmacist or pharmacist technician responsible for your order can access your NHS Summary Care Record if clinical and/or safety information is needed. This permission is valid from 12 months from the date of your last order or until you withdraw consent, whichever is the earlier. All access is automatically logged and recorded by the NHS for audit purposes. You can read more about the Summary Care Record by visiting this link.
You agree that Echo and Echo’s pharmacy may contact you in order to manage your order and any orders you placed on behalf of a patient that you have been authorised to act as a proxy for. This can include contact via the in-app messenger, telephone, email or post. If we are not able to contact you, we may be unable to dispense your prescription.
Echo will send you reminders as to when to take your medication and when you are about to run out. If you are acting as a proxy for someone on your account, you will also receive their medication reminders. You understand that medication reminders provided by Echo are based on your GP’s directions and are not a substitute for reading the dispensing label and patient information leaflet provided with your medication. Echo is not liable for reminder accuracy. If in doubt, please contact us via the in-app messenger or email email@example.com. Always follow the advice printed on the medication container and patient information leaflet in the first instance.
Can I use Echo?
Yes, provided you are at least eighteen (18) years of age and you are currently registered with an NHS England GP practice. Please note that Echo is not available to patients registered with GPs elsewhere in the UK.
If you are registered at a non-EPS surgery you will not be able to sign up to Echo using the Echo app. However, you will be able to post your prescriptions to Echo’s pharmacy for dispensing at your own risk – please see here for further information.
If you have a controlled drug prescription that is issued on paper you are responsible for posting this prescription to Echo’s pharmacy at your own risk – please see here for further information.
Echo is not responsible for paper prescriptions sent to us that become lost in the mail.
Can I manage other people’s medication using Echo?
Yes, if you are at least eighteen (18) years old and have been authorised to act on behalf of another or have the authority to represent someone else (as their proxy).
If you wish to sign up as a proxy for someone else, you must first obtain consent from the patient. By signing up for someone as a proxy, you confirm that you have obtained consent from that person to act as their proxy to manage their medication, and for the pharmacist or pharmacist technician responsible for your order to access their NHS Summary Care Record. As part of our safeguarding responsibilities, we may need to verify your identity when handling prescriptions for safe custody controlled drugs. Please note this may result in an increase in the time taken to dispatching your medication.
Who is liable if something goes wrong?
There are different parties which make up the overall service provision to you and have different responsibilities and liabilities under these Terms or otherwise. We have separated these out below:
You: are responsible for complying with these Terms. Please see the section below “What are my obligations?” for further details.
Echo: Echo’s pharmacy is liable for ensuring that these prescriptions are dispensed correctly and in accordance with General Pharmaceutical Council standards and guidelines and these Terms.
Echo: is responsible for providing the Service in accordance with these Terms.
Both Echo and Echo’s pharmacy separately accept liability for death or personal injury caused by its negligence and do not seek to exclude liability for fraudulent misrepresentation. You have certain legal rights. These include that Echo will provide the Service with reasonable skill and care and within a reasonable time and in accordance with the descriptions provided and that Echo’s pharmacy will dispense the agreed Prescription. You have certain legal remedies if Echo or Echo’s pharmacy breach any of these rights. Nothing in these Terms is intended to affect these legal rights or other rights to which you may also be entitled. For more information on your legal rights contact your local Citizens Advice Service.
Echo and Echo’s pharmacy are not responsible for any failures or delays caused by you, the GP or Royal Mail or for the failures or delays of each other. Neither Echo nor Echo’s pharmacy are responsible for losses not caused by its breach, indirect losses or a failure to provide the Service due to any cause beyond its reasonable control which prevents it from fulfilling our obligations including but not limited to fire, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
If Echo, or Echo’s pharmacy, do breach these terms it shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and Echo or Echo’s pharmacy as relevant at the time of entering these Terms.
The following parties are not subject to these Terms but carry certain responsibilities and obligations to you as set out below. In the event of an issue you should contact Echo in the first instance and we may direct you to contact your GP or Royal Mail as appropriate.
Your GP: Your GP is not a party to these Terms but they are responsible for issuing prescriptions in a timely manner and providing medical advice. Please note that all prescribing decisions are made by the GP, not Echo or Echo’s pharmacy.
Royal Mail: is responsible for delivering medication orders that you place via Echo. They are also responsible for delivering any paper prescriptions posted to Echo’s pharmacy. Royal Mail is not a party to these Terms and have separate terms that cover the provision of their delivery service which you can review here: http://www.royalmail.com/terms-and-conditions.
What are my obligations?
- You, the Account Holder, are responsible for the information you provide to us about yourself, your GP and your medication; this extends to when you are using Echo on behalf of someone else as their proxy. You confirm that all information provided to us is and remains accurate. If you do not provide accurate information you could be putting yourself or the person you are managing medication for at serious risk.
- You are responsible for checking and taking any medication correctly. You must check the spelling and dosage information and follow the clinical directions provided with all medication. You should review the patient information leaflet provided with the medication. If at any point the information that appears on Echo contradicts the information provided by your GP please contact us immediately. You agree that the information provided by your GP and in the patient information leaflet take precedence over any information provided by Echo.
- You confirm that you are requesting medications for your own personal use only or the use of someone you are acting as a proxy for. Medications should never be shared with any other person.
- You agree to keep your Echo login details confidential and not to share them with any other person.
- If you are exempt from paying the prescription charge, you agree that you are legally responsible for ensuring that your exemption reason is correct, up-to-date, and maintained; this responsibility extends to any other people that are listed on your account.
- You agree not to use any Service provided by us for any unlawful purpose, including requesting medications which have not been prescribed to you or the person you are managing medication for by a registered healthcare professional.
- You agree not to use our websites or applications in any way that will damage, impair or render them less efficient.
- You acknowledge that the use of the Service does not grant you any rights in relation to our intellectual property rights.
- You opt to have medication delivered, you agree to ensure that it is safe for items to be put through the letterbox of your chosen delivery address, particularly with regards to safeguarding children or pets.
- If you receive any medication scheduling notifications from Echo, you acknowledge and agree that these are recommendations only and that the clinical directions given by the GP and/or pharmacist must always take precedence over these recommendations. In the event these recommendations contradict the directions given by your GP and/or pharmacist or on the medication label (including the patient information leaflet), you agree that these directions take precedence over any recommendations provided by Echo.
- You acknowledge that Echo is not responsible for incidents relating to the storage, handling, manufacture, delivery, use, misuse or abuse of your medication.
- We reserve the right to suspend or terminate your access to Echo at any time without notice if we have reasonable grounds to believe that you have breached any of these terms; this extends to any patients that you, the Account Holder has been authorised to act as a proxy for.
How does payment work?
- If you pay for your medication, then you will be charged the NHS prescription charge, which is currently £8.80 (inclusive of all taxes and delivery charges) per item. This will appear on your bank statement as ‘ECHO’. No medical information will be passed to your bank or credit card company. Payment for medication for other people that are listed on your account will also be processed in the same way.
- If you do not pay for your medication, you will be required to declare your exemption status and appropriate supporting evidence may be needed. You agree that it is your responsibility to ensure that you meet the exemption criteria for the duration of your use of the Service. You agree for Echo to share your this declaration of exemption (and any evidence provided) with appropriate NHS authorities for verification. Supplying false information (including failing to notify us when your exemption expires) constitutes fraud, for which you may be prosecuted and/or fined.
- Your agreement with your mobile network provider will apply when using any Service. You may be charged by them for network connection services while using the Service. If you are not the bill payer for the network connection services being used, you will be assumed to have received permission from the bill payer to use the Service.
- Our payment processing platform, Stripe, may also perform a pre-authorisation on the card you have signed up with to ensure your payment details are correct.
Can I cancel my order?
You can always choose to stop using the Service at any time and can disable the app on your device.
You can cancel an order placed through the Service at any point until the medication is dispensed by Echo’s pharmacy and you will receive a full refund with the same method of payment. You can make such cancellation by contacting us via the app’s in-app messenger function. Alternately, you can email us at firstname.lastname@example.org.
Unfortunately, due to the nature of prescription medications, once your items have been dispensed, you will be unable to cancel the order, return the medication or receive a refund. Any unwanted medicines must be disposed of by returning the medication to a pharmacy or to any authorised location.
If you receive medication that is incorrect, dispatched in error or damaged you should contact us via the app’s in-app messenger function or alternatively at email@example.com to discuss a replacement or refund.
When will I receive my medication?
Your GP may want to speak to you before prescribing so your prescription request may not be processed immediately. If you consult with your GP, you should tell them that you would like your prescription to be sent electronically to your ‘nominated’ pharmacy (Echo). Your GP may be delayed in issuing a repeat prescription. Echo has no control over these delays; however, where possible, we will direct you to contact your GP directly if we are informed of any issues with your request or your repeat prescription. Once approved, your prescription will be sent electronically to Echo’s pharmacy who will dispense the medication. We will then pack the medication and dispatch it via Royal Mail. This is carried out under the strict rules and guidance covering pharmacies in England.
If you use a non-EPS surgery or have a controlled drug prescription, and you post a paper prescription to Echo, we will dispense and pack the medication when the prescription arrives. It typically takes up to four working days for us to process your prescription. Once your prescription has been processed it will be dispatched via Royal Mail.
Orders dispatched before noon on Monday to Friday should arrive within 48 hours from the time the order is dispatched by Echo’s pharmacy. We cannot guarantee the exact time and day of arrival – please allow for up to three working days from dispatch for a medication order to arrive.
Refrigerated items are sent via Royal Mail 24 Signed For delivery – if an order contains refrigerated items, please ensure that someone is available to receive it at the delivery address. Echo uses Woolpack technology to keep items cold for up to 48 hours.
If you have any concerns about an order please contact us immediately via firstname.lastname@example.org and do not use the medication until you have consulted with our pharmacy team.
You understand that once orders are passed to Royal Mail, they become Royal Mail’s responsibility. Royal Mail terms and conditions apply to any orders you place. These can be accessed here: http://www.royalmail.com/terms-and-conditions.
What laws apply and what rights do I have to make a complaint?
These Terms are governed by the laws of England and Wales and any dispute, question or remedy shall be determined exclusively by the courts of England and Wales. These Terms are only available in the English language. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
If you wish to make a complaint, you can contact us as set out below. You also have a right to make a complaint through the European Union dispute resolution platform: ec.europa.eu/consumers/odr
How can I contact you?
The fastest way to contact us is via the app’s in-app messenger function. Alternately, you can email us at email@example.com or write to Metabolic Healthcare Ltd, Unit 1 Westpoint Trading Estate, Alliance Road, Acton, W3 0RA. Should you wish to file a complaint please contact us via the methods listed above. We aim to acknowledge complaints within two working days.
Last updated - 18/10/18