HIMS & HERS UK LIMITED
Last Updated: 12 June, 2022
By continuing to use the Website and/or obtain any Services from the Website, you are confirming that you accept these Terms and Conditions and agree to comply with them. If you do not accept these Terms and Conditions, you must not use our Website or obtain any Services from our Website.
We may change these Terms and Conditions from time to time so you should check back regularly to see if anything has changed. The changes will become effective from the next time that you access the Website.
Who we are, what we do, and how to contact us
We are Hims & Hers UK Limited, incorporated and registered in England and Wales under company number 11602781 (“Hims”, “we”, “our”, or “us”). Our registered office is at 107 Kirkgate, Leeds, LS1 6DP, United Kingdom. Our VAT number is 324552712.
Through our Website, we provide a platform to enable users to create an user account (“Account”) and seek the following (“Services”):
Access to online clinician consultations for certain medical conditions (“Consultations”);
If prescribed by the online clinician after the Consultation, facilitation of the purchase of certain prescription medications on a subscription basis from third-party service providers (“Prescription Products”); and
Purchase of certain other non-prescription products made available by us on the Website from time to time (“Non-Prescription Products”, and with the Prescription Products, “Products”).
A description of how you can order Services, how we provide the Services, what to do if there is a problem, and other important information relating to the Services is set out further below under Service Terms. The Service Terms apply whenever you create an Account with us and/or use the Website to seek Services.
If you have any questions about anything in these Terms and Conditions or if you have technical issues or wish to make a complaint, then please contact us at email@example.com.
Website User Terms
Your rights and restrictions
1. This Website is for your own personal and non-commercial use only.
2. The materials on our Website are directed solely at consumers over the age of 18 who reside in the United Kingdom.
3. When using the Website and your Account, you agree not to:
attempt to undermine the security or integrity of the Website, Hims’ computing systems or networks or, where the Services or Website are hosted by a third party, that third party's computing systems and networks. Company will report any security breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them;
use, or misuse, the Services or Website in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or Website or impair the ability of any other user to use the Services or Website;
attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services or Website are hosted;
transmit, or input into the Services or Website, any files or data that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
create links to the Website unless we give you prior written consent;
copy any portion of the Website;
attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
impersonate any other person while using the Website;
conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website; or
use the Website for any unlawful purpose.
4. If you use any communication tools available through the Website (such as any forum, questionnaire or message centre), you agree only to use such communication tools for your domestic purposes and in accordance with the law. You must not use any such communication tool for posting or disseminating any material unrelated to the Website or for advertising or marketing purposes.
5. When you make any communication on the Website, you represent that you are permitted to make such communication. Any communications shall be conducted in a courteous manner. We are under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services.
6. You may have other rights granted by law, and these Terms and Conditions do not affect these except if the two are inconsistent. If this is the case then these Terms and Conditions will override any other rights which you may have, unless this is not permitted by law.
Your personal information
Hims’ rights and obligations
We may change, modify, amend or remove some or all of the functionality or content on the Website at any time.
You agree that we are free to use any comments, information or ideas contained in any communication you may send to us without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website, Services, Products or other products or services.
We and/or our licensors are the owners of the Website and all intellectual property rights in the Website, which includes (but without limitation) any software, applications and domains made available through the Website, and the content (except the personal information of you and other users contained in your and their accounts), video, audio, graphics, logos, icons, and service names which appear on the Website. You do not have any rights to such intellectual property except as expressly set out in these Terms and Conditions.
These Service Terms, which form part of these Terms and Conditions, apply when you create an Account and/or obtain Services from us. When you create an Account with us and click “Sign Up” or “Continue”, these Service Terms become a contract between you and us. However, as discussed below, your contract for the purchase of Prescription Products will be with the Pharmacy (defined below) rather than with us.
We are under a legal duty to provide Services that conform to their description on the Website and these Service Terms.
You can terminate these Service Terms at any time by contacting our customer services team at firstname.lastname@example.org. 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 Services.
To be able to access the Services made available by us on the Website and use certain features and areas of the Website, you must first create an Account with a username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Account.
You can register for and use the Services through our Website only if you are at least eighteen (18) years old, a resident of the UK and capable in your country of residence of entering into a legally binding agreement to use the Services and to purchase Products. For safety reasons, you will only be able to purchase Prescription Products if you are between the ages of 18 and 65.
You must ensure that your username and password are kept secure and confidential. It is your sole responsibility to monitor and control access to and use of your Account. You are responsible for any activity that occurs under your Account. If you have any concerns that your Account may have been misused, you should contact us at email@example.com
To access the Services, 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. We rely on you providing accurate and complete information in order to provide the Services, so please ensure you answer our questions accurately and completely. You are responsible for ensuring that any information that you provide to us during the registration process and thereafter is accurate, complete, and up to date.
We may contact you at any time after you have registered an Account with us to verify your identity and request any additional documentation that we may require for that purpose, as permitted by applicable laws.
You may make copies of your information contained in your Account in any format for your personal use, 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.
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.
Through our Website, you can submit order requests for Consultations, Prescription Products, and Non-Prescription Products. You must first create an Account as described above to be able to submit an order request. To submit an order request for a Prescription Product, you must complete a medical intake form for review by a clinician. Certain Non-Prescription Products are pharmacy medicines and can only be purchased if approved by the pharmacist (“P-meds”). To submit an order request for a P-med, you must fill out a questionnaire for review by a pharmacist.
Our Website is solely for the promotion of our Services and the Products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
We will send you an email with the reference number 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. When you receive an order confirmation for a Non-Prescription Product, you have entered into a contract with us for the purchase of the Non-Prescription Product.
If your order request includes a P-med, your order will not be confirmed unless the Pharmacy approves the order. We will send you an email to confirm when the Pharmacy has approved your order.
If your order request includes a Prescription Product, your order will not be confirmed unless you receive a prescription and the Pharmacy approves the order. We will send you an email to confirm when the Pharmacy has approved your order. We will help facilitate your purchase of the Prescription Product from the Pharmacy, but we are neither the buyer nor the seller of Prescription Products. When you receive the order confirmation email, you will have also entered into a contract with the Pharmacy on the applicable Pharmacy Terms below.
When you click “Confirm Order”, payment is taken for your full order, including payment for any P-med and Prescription Product included in the order request. If you are not approved for the P-med or Prescription Product, your payment, less any charged Consultation fee, will be refunded to you.
You acknowledge that all Products that you purchase through our Website are for your own personal use only.
When we contact you, we will do so by telephone (including SMS) or by writing to your email address or postal address using the contact details provided in your Order. You must keep your contact details up-to-date in your Account so that we can contact you about your order as necessary.
If you change your mind about any Product you have ordered, you may be able to return the Product in accordance with our Cancellation, Refunds and Returns Policy (see below).
Pharmacy Terms for Prescription Products
If you receive a prescription for a Prescription Product, you will purchase the Prescription Product from one of our partner pharmacies (“Pharmacy”). The Pharmacy’s terms and conditions of sale (linked below) apply to your purchase of Prescription Product from the Pharmacy. Your contract for the purchase of Prescription Products is between you and the Pharmacy. We are not a party to that contract and do not have any responsibility arising out of or in connection with it. We are not an agent for the Pharmacy. The Pharmacy is responsible to you for the sale and delivery of Prescription Products and for dealing with any claims or any other issues with the Prescription Products.
If you received a prescription for erectile dysfunction medication through our Website prior to 17 January 2022, you will purchase your Prescription Product from Health Counter Limited, company number 06646711 and registered office at 5 Peterwood Park, Peterwood Way, Croydon, CR0 4UQ. Health Counter Limited Pharmacy Terms apply to your purchase.
If you received a prescription for erectile dysfunction medication through our Website on or after 17 January 2022, or if you are purchasing a Prescription Product to treat hair loss, you will purchase your Prescription Product from The London Specialist Pharmacy (incorporated and registered in England and Wales under company number 06816158, with its registered office address at 27 Mortimer Street, London, England, W1T 3BL). The London Specialist Pharmacy Terms apply to your purchase.
In order to be eligible to purchase a Prescription Product through our Website, you must first complete a Consultation. Consultations are conducted by independent, licensed prescribers who are individuals registered in the United Kingdom with the General Pharmaceutical Council (each, a “Clinician”). The Clinicians are responsible for reviewing your treatments and issuing prescriptions for you, if in their judgment they deem it appropriate, and are responsible for any diagnoses that they make and for prescriptions that they issue.
To facilitate the Consultation, you will be required to complete a medical intake form during the online ordering process. The medical intake form includes information about yourself such as what medications you are taking and your health and medical history. We will send this information to the Clinician for their review and assessment of the suitability of your selected Prescription Product. The Clinician relies on the information you provide, so please ensure you answer the questions truthfully and accurately. The Clinician may ask you some follow up questions, which you will be required to answer in order to proceed with your order. The Clinician may issue a prescription for you at their sole discretion. If they do not issue a prescription, you will not be eligible to purchase the Prescription Product through our Website. As stated above, if you are issued a prescription, you will purchase the Prescription Product directly from the Pharmacy. We will help facilitate your purchase.
Signing up for Subscriptions, Cancelling and Renewing
Certain Products available through our Website are only offered by subscription. When you submit an order request for one of these Products, you will be signed up for a subscription. We will tell you during the online ordering process if you are submitting an order request for a one-time purchase or for a subscription. We offer different types of subscriptions depending on what Product you are seeking to purchase. You can choose your subscription cadence (“Subscription Period”) during the online ordering process.
We will take payment using the payment details in your Account on or about the same date of your Subscription Period, starting from the date of your initial order request.
Your subscription will continue until you cancel it. You may cancel your subscription at any time during your subscription by sending an email to firstname.lastname@example.org. If you cancel or pause your subscription within 48 hours before your next billing date, we will still take payment for your next Product shipment.
In order to keep your subscription active and continue to receive Prescription Products, you must renew your Prescription every twelve months from the date of the prescription. To renew your prescription, you must complete a follow-up Consultation, via your Account dashboard, or by responding to an email request from a Clinician. You will receive an email notifying you when you need to renew your prescription.
You can find specific details of your subscriptions by logging in to your Account.
We may terminate or pause your subscription if:
You have not renewed your prescription in accordance with these Service Terms within twelve months of the date when your prescription was issued;
Your payment details or contact details are out of date/expired;
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;
Your Account has been terminated or suspended;
The Prescription Product is unavailable/out of stock;
We cannot authorise your payment for any reason; or
There has been a mistake on the pricing or the description of the Services.
1. All prices set out on the Website are in pounds sterling and inclusive of value added tax (if applicable) and any other taxes payable in the UK. 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. Prices may change from time to time, but changes will not affect any order we have accepted.
2. You may pay:
using your credit or debit card as indicated on the Website; or
using such e-wallets or e-money as are accepted on the Website from time to time.
3. You have to enter your chosen payment method and details when you create your Account. By completing your payment details, you confirm that the payment method being used belongs to you.
4. 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 an e-wallet, 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.
5. If we are unsuccessful in charging your debit or credit card and have still not received payment within 7 days of informing you, we may (without responsibility to you) suspend or temporarily disable all or part of your access to the Service and we shall be under no obligation to provide the Service (or any part of it) while the relevant payment(s) remains unpaid. This does not affect any other rights and remedies available to us.
6. 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 Pharmacy.
Delivery of the Products will only take place if your order request is approved and the payment for the applicable Product has been processed. The delivery of the Prescription Products is governed by the applicable Pharmacy Terms set forth above.
The cost of delivery will be displayed to you on our Website.
We and the Pharmacy are not responsible for delays outside our control. If our supply of the Product is delayed by an event outside our or the Pharmacy’s control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, neither we nor the Pharmacy will be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
If no one is available at your address to take delivery of the Product when it is delivered, and the Product cannot be posted through your letterbox, the delivery company that is used to make deliveries may leave you a note informing you of how to rearrange delivery.
1. All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after placing an order if, for any reason, the Products you have ordered are not available or are subject to any delay.
2. If we are unable to supply you with a Product, for example, because the manufacturer is out of stock or because of an error in the price, we will inform you of this by e-mail and we will not process your order. If we have already processed your payment, we will refund you the full amount as soon as possible.
3. We or the Pharmacy may have to suspend the supply of Product to you to:
deal with technical problems or make minor technical changes;
update the Product to reflect changes in relevant laws and regulatory requirements;
make changes to the Product as requested by you or notified by us to you.
4. We will contact you in advance to tell you we or the Pharmacy will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the supply of the Product for longer than one month, we will adjust the price so that you do not pay for Products that are not delivered to you. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
5. We may also suspend supply of the Product if you do not pay. If you do not pay us for the Products when you are supposed to and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the supply of the Products. We will not suspend the supply of the Products where you dispute the unpaid invoice. We will not charge you for the Products during the period for which supply is suspended. As well as suspending the supply of the Products, we can also charge you interest on your overdue payments.
Order Cancellation, Refunds and Returns Policy
We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you may be able to return them to us in accordance with the returns policy described in this paragraph.
Non-Prescription Products: you have a legal right to cancel the contract between you and us for Non-Prescription Products within 14 days of delivery without giving a reason. To cancel the contract, please email us before the end of the cancellation period at email@example.com, providing your name, address and details of the order you wish to cancel. If you cancel your contract, you must send the Non-Prescription Product back to the Pharmacy within 14 days of notifying us that you wish to cancel the contract. You are responsible for the costs of returning the Product back to the Pharmacy at the address included in the delivery.
Prescription Products: For health and safety reasons, we are unable to accept returns of Prescription Products.
Your right to cancel
We and the Pharmacy are under a legal duty to supply products that are in conformity with this contract. The Products must be as described, fit for purpose and of satisfactory quality. These rights are subject to certain exceptions. For detailed information, please visit the Citizens Advice website at www.adviceguide.org.uk or call 03444 111 444.
1. If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the Product that you have purchased or these Terms and Conditions which you do not agree to;
we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
there is a risk that supply of the Product may be significantly delayed (by more than one month) because of events outside our control;
we have suspended the supply of the Product you have ordered for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than one month; or
you have a legal right to end the contract because of something we have done wrong.
2. If you end the contract after the Products have been delivered to you, you must return them to us or arrange for a collection. Please email us at firstname.lastname@example.org for details of how to return the faulty, damaged, or mis-described Products.
3. If the Product is found to be defective or faulty or not as described, or if you cancel your contract because of something we have done, or the Pharmacy has done, or are going to do, we will pay for your return postage.
4. We will refund you through the payment method used by you to pay for the Products.
5. If you are entitled to reimbursement, we may withhold reimbursement until the Pharmacy has received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest. We may also make a deduction from any reimbursement you are entitled to from us for any loss in value of the Products we supply if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
Our right to cancel
We may cancel your order and/or subscription if you notify us of any adverse side effects to the Product. In such circumstances, we will cease, or will require the Pharmacy to cease, delivery of Product to you, and, if you are a subscriber, we will refund to you any payments made in advance for the Product in respect of the period after the contract is ended.
You are responsible for the information you provide to us about yourself, your health 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 health, 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.
You must review the patient information leaflet and follow the clinical directions provided with each Product before using it.
You are responsible for notifying your doctors that you are using any Products.
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.
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.
Other Important Terms
Complaints and Customer Services
If you are unhappy with our service to you, the Products, or any other matter then please contact us as soon as possible at: email@example.com.
Where your complaint is related to the provision and delivery of the Prescription Products or is medical in nature, we may redirect your query to the Pharmacy.
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.
Our liability to you
1. We are only liable to you for losses which you suffer as a direct result of our breach of these Terms and Conditions 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 Terms and Conditions, both we and you knew it might happen.
2. The maximum loss or damage we will be responsible for under these Terms and Conditions is limited to the price you have paid us for the Product to which the loss or damage you suffer relates; however, we do not in any way exclude or limit our liability where it would be unlawful for us to do so, including for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
any breach of terms implied by law (such as those relating title and quiet possession, description, satisfactory quality, fitness for purpose and samples and defective products) except to the extent such terms can be excluded under applicable law.
3. The Pharmacy will be responsible for loss or damage you suffer as a result of the Pharmacy’s breach of its contract with you for the sale of Prescription Products.
4. The Clinicians are responsible for reviewing your treatments and issuing prescriptions for you, and are responsible for any diagnoses that they make and for prescriptions that they issue.
Other than as set out in these Terms and Conditions, the Website, the Services, and any products provided through the Website, are provided on an “as is” and “as available” basis.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SERVICES, THE PRODUCTS, OR ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS 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 WEBSITE, PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
We do our best to ensure that the information accessed through the Website and/or the Services is accurate and up to date but cannot guarantee that this will always be the case.
The information and content on the Website is not medical advice, and is not intended to be a substitute for medical advice, diagnosis or treatment.
We will not be liable to you for any loss or damage which may arise from the use of any of the information or content on the Website.
Our Website facilitates a consultation between you and a registered healthcare professional for the purpose of diagnosing and treating erectile dysfunction or hair loss. It does not replace the need to visit your GP on a regular basis.
We aim to make the Website and 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.
We follow industry standards and processes to prevent against the introduction of viruses, malware and malicious attacks that may harm the Website or the device that you use to access the Website, but we cannot guarantee that the application will be totally free from viruses and malware.
We do not guarantee that the Website will be compatible with all hardware and software that you may use.
The Website may contain links to third party web sites or programs that are not controlled by us. We are not responsible for the content, terms and conditions, offers or privacy policies of such sites and programs. Your dealings with third party sites are solely between you and the applicable third party and you should read their terms and conditions and policies before using them.
These Terms and Conditions and all communications between you and us will be in English. No other languages will apply to these Terms and Conditions.
You may not transfer any of your rights under these Terms and Conditions to any other person.
We may transfer any of our rights under these Terms and Conditions to any person or ask any person to fulfil any aspect of these Terms and Conditions so long as the performance of these Terms and Conditions is not affected.
Only you and we have any rights under these Terms and Conditions. No other person shall have any rights under these Terms and Conditions.
Each of the paragraphs of these Terms and Conditions 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.
Even if we delay in enforcing these Terms and Conditions we can still enforce them later. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
These Terms and Conditions will be governed by English law and you may bring legal proceedings in respect of these Terms and Conditions and/or the supply of Services by us in the English Courts. If you live in Scotland you can bring legal proceedings in respect of the supply of services by us in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the supply of services by us in either the Northern Irish or the English courts.
If you have a dispute with us relating to our contract with you, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.