Terms and Conditions

1. Introduction and Acceptance of Terms

1.1 About Bua Health

Welcome to Bua Health. These Terms and Conditions ("Terms") govern your access to and use of the website, any associated mobile applications, and the services provided through them (collectively, the "Platform"). The Platform is operated by Bua Digital Health Limited ("Bua Health", "We", "Us", "Our"), a company registered in the Republic of Ireland under CRO number 823859, with its registered office at Venture Hub, 136 Capel Street, Dublin 1, D01 T2C9.

Bua Health is a digital weight management service. We combine our own technology platform with an independent clinical partnership and CORU-registered dietetic support via our Clinical Partner. Clinical assessment and prescribing are carried out by IMC-registered prescribers engaged by our Clinical Partner, which acts and makes clinical decisions independently from Bua. Dietetic guidance, where offered, is provided by CORU-registered dietitians engaged by our Clinical Partner.

1.2 Acceptance of these Terms

These Terms constitute a legally binding agreement between you and Bua Health. By accessing the Platform, creating an account, or using any of the services we provide or facilitate, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you are not permitted to access or use the Platform and must cease doing so immediately. We recommend that you print or save a copy of these Terms for your future reference. Your continued use of the Platform will be deemed conclusive acceptance of the up-to-date Terms.

1.3 Definitions

To ensure clarity and avoid ambiguity throughout this document, the following terms have the meanings ascribed to them below:

• "Bua Health", "We", "Us", "Our": Bua Digital Health Limited, CRO number 823859, operator of the Platform.
• "Platform": the Bua Health website at buahealth.ie and any associated mobile applications through which the Services are provided or facilitated.
• "User", "You", "Your": any individual who registers for an account on the Platform and/or uses the Services.
• "Clinical Partner": MedicOnline (CRO no. 780156), an independent clinical partner, which is a separate legal entity registered and operating in the Republic of Ireland, responsible for conducting clinical consultations, medical assessments, and prescribing activities through healthcare professionals engaged by it.
• "Dietitian": a CORU-registered dietitian engaged by our partners to provide dietetic support to Users as part of the weight management service.
• "Dispensing Pharmacy": an independent, third-party registered pharmacy chosen by you or appointed to dispense and fulfil your prescription.
• "Services": the weight management services provided or facilitated by Bua Health via the Platform. These include, without limitation, providing the technology interface and account, coordinating clinical consultations with the Clinical Partner, providing or coordinating dietetic support from Dietitians, securely transmitting information between the User, the Clinical Partner, the Dietitian, and the Dispensing Pharmacy, and administering payment for the service.
• "Terms": this entire Terms and Conditions document, including any documents incorporated by reference, such as our Privacy Policy.

2. Our Services: The Bua Health Platform

2.1 What We Do

Bua Health provides a weight management service delivered through our Platform. We own and operate the Platform. We coordinate your journey end-to-end: account and questionnaire management, secure information handling, coordination with our independent Clinical Partner for clinical assessment and prescribing, coordination with Dietitians for nutrition and behavioural support, coordination with your chosen Dispensing Pharmacy, and administration of payment for the service.

The clinical layer of the service (assessment, diagnosis where relevant, and prescribing) is delivered by IMC-registered prescribers engaged by our Clinical Partner. The dietetic layer is delivered by CORU-registered Dietitians. The dispensing layer is delivered by a registered Dispensing Pharmacy. The individual clinical and dispensing decisions within that service remain the professional responsibility of the regulated professionals and entities who make them.

2.2 What We Do Not Do

Bua Health is not itself a medical practice, a pharmacy, or a healthcare provider in its own right. We do not:

• provide clinical judgement, diagnosis, or treatment ourselves (this is the responsibility of the IMC-registered prescribers engaged by our Clinical Partner);
• issue prescriptions (this is done by the IMC-registered prescribers engaged by our Clinical Partner);
• provide dietetic clinical assessment ourselves (this is the responsibility of the CORU-registered Dietitians who provide dietetic support through or alongside the Service);
• sell, dispense, supply, or handle any medicinal products (this is done exclusively by the Dispensing Pharmacy); or
• employ or professionally direct the IMC-registered prescribers, CORU-registered Dietitians, or pharmacists who deliver the clinical, dietetic, and dispensing layers of the service.

Any information on the Platform that is of a general medical or nutritional nature is for informational purposes only and is not a substitute for professional advice from a qualified healthcare professional.

2.3 Our Independent Regulated Partners

To deliver a full doctor-led weight management service, we work with the following independent, regulated partners:

• Clinical Partner: All clinical consultations, medical assessments, and prescribing activities are conducted by healthcare professionals engaged by MedicOnline (CRO no. 780156). MedicOnline is a separate legal entity, registered and operating in the Republic of Ireland, and is responsible for ensuring its prescribers are appropriately qualified, IMC-registered, insured, and regulated in accordance with Irish and EU law.
• Dietitians: Dietetic support offered as part of the Service is provided by CORU-registered dietitians engaged by MedicOnline. CORU is the statutory regulator for health and social care professionals in Ireland; dietitian is a protected title under the Health and Social Care Professionals Act 2005. Each Dietitian is responsible for ensuring they maintain their CORU registration, continuing professional development, and professional indemnity cover.
• Dispensing Pharmacy: Prescriptions are dispensed by registered pharmacies that are regulated by the Pharmaceutical Society of Ireland (PSI) or, where dispensing takes place outside the Republic of Ireland, by the equivalent competent authority.

2.4 Your Legal Relationships

Bua Health is a party to the agreement governing your use of the Platform and the Services (these Terms). Certain elements of the overall service are additionally governed by separate contracts to which Bua Health is not a party:

• A Remote Treatment Contract: when you complete a medical questionnaire and request a consultation, you are making an offer to enter into a contract for clinical services directly and exclusively with our Clinical Partner. That contract is formed if and when a prescriber engaged by the Clinical Partner accepts you for treatment.
• A Medication Purchase Contract: when you place an order for a prescribed medicine, you are making an offer to purchase that medicine directly and exclusively from the Dispensing Pharmacy. That contract is formed if and when the Dispensing Pharmacy accepts your order and begins the dispensing process.

The following table summarises the roles and your corresponding legal relationships.

3. Your Account and User Obligations

3.1 Eligibility and Registration

To register for an account and use the Services, you must meet the following criteria:

• you must be at least 18 years of age;
• you must be resident in a country or region to which we provide the Services, which may be subject to change; and
• you must have the legal capacity to enter into a binding contract.

By creating an account, you represent and warrant that you meet these eligibility requirements. We reserve the right to request proof of age or identity and to suspend or terminate accounts that do not meet these criteria.

3.2 Account Security

You are responsible for creating a secure password and for maintaining the confidentiality of your account login credentials. You are fully responsible for all activities that occur under your account, whether or not authorised by you. You agree to notify Bua Health immediately of any suspected or actual unauthorised use of your account or any other breach of security. Bua Health cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3.3 Your Duty to Provide Truthful Information

The safety and appropriateness of any remote clinical or dietetic input depends entirely on the accuracy and completeness of the information you provide. You warrant and represent that all information you submit through the Platform, including in your online medical questionnaire and in any subsequent communications with Bua Health, our Clinical Partner, or any Dietitian providing support to you, is true, accurate, current, and complete to the best of your knowledge and belief. You agree not to omit any information that could reasonably be considered relevant to a healthcare professional's assessment of your health.

The truthful and complete completion of the questionnaire is a mandatory prerequisite for receiving remote treatment. Providing false, misleading, or incomplete information constitutes a material breach of these Terms, may lead to the immediate termination of your account, and could pose a significant risk to your health and well-being. You agree to indemnify Bua Health, our Clinical Partner, any Dietitian, and the Dispensing Pharmacy against any loss, damage, or liability arising from your breach of this duty.

3.4 Your Duty to Review Your Medication

Upon receiving any medication, you have a duty of care to perform the following checks before taking the medication:

• Verify the medication: check that the medicine you have received is the correct medicine that was prescribed for you and that the name on the label matches your own.
• Inspect the packaging: check that the outer packaging and any tamper-evident seals are intact and undamaged.
• Check the expiry date: check the expiry date printed on the packaging and ensure it has not passed.
• Read the Patient Information Leaflet (PIL): carefully read the PIL enclosed with your medication before you begin treatment. The PIL contains important information about how to take the medicine, potential side effects, and contraindications.

If you have any concerns regarding the medication you have received, you must not take it and should contact the Dispensing Pharmacy immediately.

3.5 Acceptable Use of the Platform

You agree to use the Platform only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Platform. Prohibited behaviour includes, but is not limited to:

• using the Platform for any fraudulent or illegal purpose;
• harassing, distressing, or causing inconvenience to any other person;
• transmitting or uploading any material that is defamatory, offensive, or of an obscene or menacing character;
• attempting to gain unauthorised access to our systems or any other user's account;
• knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful; and
• reproducing, duplicating, copying, or re-selling any part of our Platform in contravention of the provisions of these Terms.

4. The Clinical Consultation Process with Our Clinical Partner

4.1 Initiating a Consultation

To seek treatment, you must initiate a consultation process through the Platform. This will typically involve selecting a condition or treatment area and proceeding to the information gathering phase.

4.2 The Online Questionnaire

You will be required to complete a comprehensive and dynamic online questionnaire. This questionnaire is designed by clinical experts to gather the medical information a prescriber engaged by our Clinical Partner needs to conduct a safe and effective remote assessment of your condition. The questions will cover your symptoms, medical history, current medications, allergies, and other relevant health information. Completion of the questionnaire does not itself constitute a clinical consultation and is used to inform the full assessment conducted by the independent prescriber.

4.3 The Remote Treatment Contract with our Clinical Partner

By completing the online questionnaire, providing payment details, and submitting your request for treatment, you are making a formal offer to enter into a Remote Treatment Contract directly with our Clinical Partner. This offer is for a clinical assessment and, if deemed appropriate, the issuance of a prescription. Bua Health is not a party to this Remote Treatment Contract. The contract between you and our Clinical Partner is formed only at the point when a prescriber engaged by our Clinical Partner reviews your submission and formally accepts you for treatment, which will be communicated to you via the Platform.

4.4 Issuance of a Prescription

If, after a thorough review of your questionnaire and any other follow-up by our Clinical Partner, the independent prescriber determines in their sole professional judgement that treatment is appropriate and safe for you, they will issue a legally valid prescription. You will be notified through your Bua Health account that a prescription has been issued and is being forwarded for dispensing.

4.5 Refusal of Treatment

The independent prescribers have an absolute professional and ethical duty to prioritise your safety. They reserve the right to refuse to issue a prescription or provide treatment if they conclude, in their expert medical opinion, that remote treatment is not suitable, safe, or clinically appropriate for you. This may be due to the nature of your symptoms, your medical history, potential drug interactions, or any other factor that suggests an in-person consultation is necessary. If treatment is refused, you will be notified, and any fees paid for the consultation will be refunded to you in accordance with our refund policy.

5. Dispensing and Fulfilment of Your Prescription

5.1 Choice of Pharmacy

Where a prescription is issued following a consultation, you will be provided with the option to select how it is fulfilled. You may nominate a registered pharmacy to which your prescription will be sent. When you choose a pharmacy, you enter into a separate contract directly with them, and Bua Health has no involvement in the dispensing or supply of your medication.

5.2 Forwarding Your Prescription to a Dispensing Pharmacy

By selecting a Dispensing Pharmacy, you consent to Bua Health or our Clinical Partner acting as a secure conduit to electronically transmit the prescription details, in line with regulatory requirements, along with your necessary personal information, directly to the Dispensing Pharmacy for the purpose of dispensing and fulfilment.

5.3 The Medication Purchase Contract with the Dispensing Pharmacy

You make a formal offer to enter into a contract for the purchase of medication directly with the Dispensing Pharmacy. Bua Health is not a party to this contract and does not facilitate payment for medication. The contract between you and the Dispensing Pharmacy is formed at the point when the Dispensing Pharmacy accepts your order and commences the dispensing process at its registered pharmacy premises.

5.4 Refusal to Dispense

The Dispensing Pharmacy, as a professionally regulated entity, reserves the absolute right to refuse to dispense any prescription. This may be exercised if, in the professional judgement of the responsible pharmacist, there are concerns regarding the prescription's authenticity, clinical appropriateness, potential for misuse, or any other issue that could compromise patient safety. If the Dispensing Pharmacy refuses to dispense your prescription, you will likely be notified by them, or will need to make enquiries to them directly.

6. Orders and Payment

6.1 Placing an Order

The Platform will guide you through the steps required to place an order for a one-time purchase or to set up a subscription plan. The order process allows you to check and amend any errors before submitting your final order. Your order is a binding offer to purchase the selected services and/or products.

6.2 Pricing and Payment Processing

The prices for services and products will be as quoted on the Platform at the time you submit your order. All prices are shown in the applicable currency (EUR €). We take all reasonable care to ensure that the prices are correct. Bua Health uses a secure, third-party payment processor to facilitate transactions for some services and products. We do not store your full credit or debit card details on our servers.

6.3 Collection of Clinical Fees

You acknowledge and agree that our Clinical Partner's clinical service fees payable by you under the Remote Treatment Contract may be invoiced and collected by Bua Health, and that payment to Bua Health will discharge your obligation to our Clinical Partner to that extent. Medication costs, where applicable, are handled separately and paid directly to the Dispensing Pharmacy.

7. Fulfilment and Collection

7.1 Fulfilment Process

Prescriptions are sent to the Dispensing Pharmacy for fulfilment. You are responsible for the collection of medication from the pharmacy premises or, where applicable, for receiving the delivery at the address you have provided.

7.2 Delays Outside Our Control (Force Majeure)

Neither Bua Health, nor our Clinical Partner, will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our reasonable control. Such events may include, but are not limited to, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack, cyber attack, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, interruption to the supply chain for prescription medicines, or failure of public or private telecommunications networks or postal services. If such an event occurs, we will contact you as soon as reasonably possible to notify you, and our obligations will be suspended for the duration of the event.

8. Your Right to Cancel, Returns, and Refunds

8.1 Your Statutory Right to Cancel (Cooling-Off Period)

In accordance with the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. 484/2013) and the Consumer Rights Act 2022, you have a right to change your mind and cancel certain contracts within a 14-day "cooling-off" period. This right applies as follows:

• Services (Clinical Consultation): you have 14 days after the day we email you to confirm we accept your order for a clinical consultation to cancel. However, if you expressly requested that the service begin during the cooling-off period, once the service has been fully performed (that is, once a prescriber has completed their assessment) you lose the right to cancel. If you cancel after the service has started but before it has been fully performed, we may deduct from any refund an amount proportionate to the service supplied up until you told us you had changed your mind.

8.2 How to Cancel

To exercise your right to cancel, you must inform us of your decision by a clear statement. You can do this by contacting our customer support team via the contact details provided in Section 14.6. You may use the model cancellation form below if you wish, but you are not obliged to do so:

8.3 Restrictions on Cancellation and Refunds for Medicinal Products

Important exception: for reasons of health protection, safety, and hygiene, you do not have a right to cancel your order for medicinal products once they have been dispensed by the Dispensing Pharmacy. Medicinal products are exempt from the statutory 14-day cooling-off period under Regulation 13(2)(e) of S.I. 484/2013. Therefore, once a prescription medicine has been dispensed from the pharmacy, it cannot be returned for a refund. This is a legal requirement to ensure the safety and integrity of the pharmaceutical supply chain.

8.4 Refunds

If you are entitled to a refund, we will refund you the price you paid by the method you used for payment. We may make deductions from the price as described below:

• we may reduce your refund to reflect any reduction in the value of goods if this has been caused by your handling them in a way that would not be permitted in a shop.

We will make any refunds due to you as soon as possible, and in any event within 14 days from the day on which we receive the product back from you or you provide evidence that you have sent the product back.

9. Our Liability to You

9.1 Disclaimer of Clinical, Dietetic and Pharmaceutical Liability

As set out in Section 2, Bua Health is not itself a healthcare provider, dietitian, or pharmacy. Accordingly, you acknowledge and agree that:

• Bua Health expressly disclaims any and all liability for the clinical services, medical advice, diagnoses, treatments, and prescriptions provided by our Clinical Partner and the IMC-registered prescribers engaged by it;
• Bua Health expressly disclaims any and all liability for the dietetic services, nutritional advice, and assessments provided by CORU-registered Dietitians engaged by us or by our partners; and
• Bua Health expressly disclaims any and all liability related to the dispensing, labelling, quality, safety, and fulfilment of medicinal products by your chosen Dispensing Pharmacy.

9.2 Limitation of Bua Health's Liability

Our liability to you is strictly limited to any direct loss or damage you suffer as a result of our own breach of these Terms or our negligence in the provision of the Platform Services. In such an event, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms shall be limited to the greater of: (a) one hundred euro (€100); or (b) the total fees paid by you for the Services through the Platform in the 12-month period preceding the event giving rise to the claim.

This limitation of liability does not apply to and nothing in these Terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• any other matter for which it would be illegal for us to exclude or limit our liability.

This approach, which limits liability for slightly negligent breaches of non-material obligations but retains liability for breaches of essential duties and in cases of gross negligence or intent, is a standard and robust method for defining liability in commercial contracts.

9.3 Website Availability and Accuracy

The Platform and the Services are provided on an "as is" and "as available" basis. While we use reasonable skill and care in operating the Platform, we do not guarantee that it will be available, uninterrupted, or error-free at all times. We may need to suspend access to the Platform for maintenance, technical updates, or other operational reasons. We strive to ensure the information on the Platform is accurate and up-to-date, but we do not warrant its completeness or accuracy.

10. Data Protection and Privacy

10.1 Our Commitment to Your Privacy

We are committed to protecting and respecting your privacy and your personal data. We process your personal data, including special category health data, in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) and the Data Protection Act 2018 (Ireland). Our lead supervisory authority is the Data Protection Commission, 21 Fitzwilliam Square South, Dublin 2, D02 RD28.

10.2 Sharing of Your Data with Regulated Partners

The delivery of the Bua Health service requires the sharing of relevant personal data between Bua Health and our regulated partners, each of whom acts as an independent data controller for the personal data they process for their own regulated purposes:

• Clinical Partner, for the purpose of enabling clinical assessment, prescribing, and ongoing clinical support;
• CORU-registered Dietitians, for the purpose of enabling dietetic assessment and support;
• Dispensing Pharmacy, for the purpose of enabling dispensing, labelling, and fulfilment of your prescribed medication and contact with you regarding your order.

10.3 Aggregated and Anonymised Data

We may create aggregated and anonymised datasets from personal data processed through the Platform, and we may share those datasets with research, analytics, or industry partners. Once data is anonymised in a manner that cannot reasonably be reversed to identify you, it is no longer personal data under EU GDPR and its subsequent use falls outside the scope of these Terms and our Privacy Policy. Full detail of how we handle personal, aggregated, and anonymised data is set out in our Privacy Policy.

10.4 Reference to Privacy Policy

For complete and detailed information on how we collect, use, store, share, and protect your personal data, and your rights in relation to your data, please refer to our Privacy Policy. The Privacy Policy is a separate document but is incorporated by reference into these Terms and forms part of our legal agreement with you.

11. Intellectual Property

11.1 Ownership of Content

All intellectual property rights in the Platform and its content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and the arrangement thereof, are owned by Bua Health or our licensors. These works are protected by copyright, trade mark, and other intellectual property laws and treaties. All such rights are reserved.

11.2 Limited Licence for Use

We grant you a limited, personal, non-exclusive, non-transferable, and revocable licence to access and use the Platform for your own personal, non-commercial use, subject to your compliance with these Terms. You may not use the Platform or its content for any commercial purpose, nor may you modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform without our prior written consent.

12. Termination

12.1 Our Right to Suspend or Terminate Your Account

We may, in our sole discretion, suspend or terminate your account and your access to the Platform at any time, without prior notice, if we believe you have committed a material breach of these Terms. A material breach includes, but is not limited to, providing false or misleading information in your medical questionnaire, using the Platform for any illegal or fraudulent purpose, or attempting to misuse the service in any way. We also reserve the right to suspend or terminate your account for any other reason with reasonable notice.

12.2 Your Right to Terminate

You are free to stop using our Services and may terminate your account at any time by following the instructions within the account management section of the Platform or by contacting our customer support team. Termination of your account will not affect any rights or obligations that have already accrued prior to the date of termination, such as your obligation to pay for any products that have already been dispatched.

13. Governing Law and Jurisdiction

13.1 Choice of Governing Law

These Terms, their subject matter, and their formation (and any non-contractual disputes or claims arising out of or in connection with them) are governed by and construed in accordance with the laws of the Republic of Ireland.

13.2 Jurisdiction for Resolving Disputes

Subject to Section 13.3, the parties irrevocably agree that the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection with these Terms or their subject matter or formation.

13.3 Consumers Resident Outside Ireland

Nothing in Sections 13.1 and 13.2 deprives you of any mandatory consumer protections you are entitled to under the laws of your country of residence.

14. General Provisions

14.1 Changes to These Terms

We reserve the right to amend these Terms from time to time to reflect changes in our services, our partners' services, legal or regulatory requirements, or our business practices. We will notify you of any material changes by posting the updated Terms on the Platform and, where appropriate, by email. Your continued use of the Platform after such changes have been made will constitute your acceptance of the new Terms.

14.2 Severability

If any court or relevant authority decides that any of the provisions of these Terms are unlawful, invalid, or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that reflects the original intent as closely as possible.

14.3 Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly referred to in them, constitute the entire agreement between you and Bua Health concerning your use of the Platform. They supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.

14.4 No Waiver

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.5 Notices and Communication

You agree that we may provide you with notices and other communications electronically, either by posting them on the Platform or by sending them to the email address associated with your account. All communications in electronic format will be considered to be "in writing" and to have been received on the day they are sent.

14.6 Contact Information

For any questions, complaints, or notices regarding these Terms or the Platform, please contact us at:

14.7 Complaints and Regulatory Channels

If you have a complaint about the Bua Health service, please contact us first at support@buahealth.ie and we will do our best to resolve it. If we cannot resolve your complaint to your satisfaction, or if you wish to raise a matter with a regulatory body, the following channels are available:

• Consumer protection: Competition and Consumer Protection Commission (CCPC), Bloom House, Railway Street, Dublin 1, D01 C576, ccpc.ie.
• Data protection: Data Protection Commission (DPC), 21 Fitzwilliam Square South, Dublin 2, D02 RD28, dataprotection.ie.
• Concerns about a prescriber: Irish Medical Council (IMC), Kingram House, Kingram Place, Dublin 2, medicalcouncil.ie.
• Concerns about a dietitian: CORU, Infinity Building, George's Court, George's Lane, Dublin 7, D07 E98Y, coru.ie.
• Concerns about a pharmacy or pharmacist: Pharmaceutical Society of Ireland (PSI), PSI House, Fenian Street, Dublin 2, thepsi.ie.

These channels do not replace your legal rights and you may take any complaint or dispute to court in accordance with Section 13.