Terms & Conditions:
1. These Terms and Conditions
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- These terms and conditions (together with the documents referred to in it) (collectively, these “terms”) set out the basis on which you may make use of the website https://faizpharmacy.com/ (our “site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our site.
- By using our site, you indicate that you accept these terms when using our site and the services it provides and that you agree to abide by them. If you do not agree to these terms, you must not use our site.
- It is important you read and understand the terms and conditions carefully before you purchase anything from our website.
- We recommend that you should print a copy of these terms and conditions for future reference.
2. Information about us
2.1 Our site is operated by Faiz Pharmacy Limited with our registered pharmacy on Nkrumah road, Mombasa CBD, Po Box 86463, Mombasa county, Kenya..
2.2 We are registered with and regulated by the Pharmacy and Poisons Board a state corporation under the Ministry of Health, republic of Kenya.
2.3 You can contact us using the following email address: info@faizpharmacy.com or by telephone using the following number: 0114682033.
3. There are other terms that may apply to you & Changes to our site
3.1 Our Privacy Policy which also applies to your use of our site, sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
3.2 The disclaimer will also apply to your use of our site.
3.3 We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities or for any other reason.
4. Mandatory terms to use our Services
4.1 We only accept prescription orders prescribed by licensed medical practitioners in Kenya and dispatch prescription orders to addresses in Kenya only.
4.2 You must be over 18 to place an order for a prescription. By submitting a prescription order you are confirming that you are over 18.
4.3 We reserve the right to contact the prescribing medical practitioner for verification or any other related issues with regard to the prescription that you submitted.
4.4 Any prescription order submitted by you will not be binding until the order has been approved & confirmed by us by email or in writing.
4.5 Prescription orders for dangerous drugs as designated by the Pharmacy & Poisons Board, Kenya will not be accepted online.
4.6 All orders are subject to acceptance by and shall only become effective upon confirmation by the Company. We reserve the right to reject any order.
5 We may suspend or withdraw our site
5.1 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5.2 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6 Accessing our site
6.1 Our site and any services provided via the site will be in English and it will be your responsibility to ensure that you fully understand the information and advice on our site. Our site is directed to people only residing in Kenya.
6.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
6.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
6.4 We will determine, in our discretion, whether there has been a breach of these terms through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate and may result in our taking all or any of the following actions:
6.4.1 immediate, temporary or permanent withdrawal of your right to use our site;
6.4.2 issue of a warning to you;
6.4.3 legal proceedings against you resulting from the breach;
6.4.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6.5 You must not use our site or services for emergencies. In emergencies, you should consult your local doctor or the emergency department of your nearest hospital.
6.6 You must not use our website or services for emergencies.
7 Intellectual property rights and how you may use material on our site
7.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.
7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
7.5 You must not use any part of the materials on our site for commercial purposes.
7.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. Cookies
Cookies are important to the proper functioning of a site. To improve your experience,
we use cookies to remember log-in details and provide secure log-in, collect statistics to optimize site functionality, and deliver content tailored to your interests.
Click ‘Accept all cookies’ or ‘Reject unrequired cookies’ to save your cookie preferences directly on the site. For more information on cookies visit our cookie / privacy policy.
9 Our liability
9.1 The material displayed on our site (which includes the blog on the site) is provided without any guarantees, conditions or warranties as to its accuracy.
9.2 We do not give any assurance that the products on this website are suitable for your requirements and we will have no liability in respect of these products. All products and prices on Faiz Pharmacy Limited or https://faizpharmacy.com/ are stated subject to typing, price update and availability errors. No agreement is concluded on the basis of such errors nor shall we accept liability or responsibility for such errors.
9.3 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10 Registration
10.1 In order to use some of the services on our site, you will be required to register with our site and to create a personal secure online patient record. We reserve the right to suspend or terminate access at any time if we believe that your continued use of our services will prejudice others or us. By registering to use the service, you:
10.1.1 confirm that the information you provide is accurate and complete; and
10.1.2 agree to keep your username and password confidential and to take reasonable steps to protect and not to share the login details for your online patient record with anyone;
10.1.3 must not create more than one account with our site; and
10.1.4 confirm that you are aged 18 or over.
11 Viruses, hacking and other offences
11.1 We do not guarantee that our site will be secure or free from bugs or viruses.
11.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
11.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
11.4 You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
11.6 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any site linked to it.
12 Linking to our site
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it in any way whatsoever, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.2 You must not establish a link from any site that is not owned by you.
12.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
12.4 If you wish to make any use of material on our site other than that set out above, please address your request to: info@faizpharmacy.com
13 Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Payment Terms
In providing payment card / m-pesa details, you confirm that you are authorized to use the card / mpesa details and authorize us to take payment in full for the applicable prescription/product charges, postage and packing charges and any other charges that become due to us under these terms. Your payment provider agreement governs your use of the designated debit / credit card & m-pesa account and you must refer to that agreement and not these terms to determine your rights and liabilities with respect to your payment provider. By providing us with your credit / debit card number or m-pesa details and associated payment information, you agree that we are authorized to verify information immediately, and subsequently charge you for all fees and charges due and payable to us hereunder and that no additional notice or consent is required.
Refunds, if applicable, will only be made using the payment gateway / m-pesa and or card originally used for payment upon receipt of the returned item in the original unopened condition in which you received it.
15. Refund Policy
We must receive any item you return to us within 28 calendar days or purchase. Items must be returned in the original unopened condition you received them, which includes keeping any hygiene seals in place. You will lose your right to return an item if you unseal a product. Unfortunately, we do not refund postage on return of part orders. All returns must include proof of purchase.
- Jurisdiction and applicable law
16.1 If any dispute, difference or questions shall arise whether during the continuance of this Agreement or upon or after its determination between the parties hereto touching or concerning this Agreement or as to any other matter in any way connected with or arising out of or in relation to the subject matter of this Agreement such dispute, difference or question whatsoever shall be referred to an arbitrator under the rules of the Arbitration Act 1995 of Kenya or any statutory modification or re-enactment for the time being in force, such arbitrator to be appointed by agreement of both parties and in the absence of agreement within fourteen (14) days of the notification of the dispute by either party to the other then on the application of anyone party by the Chairman of the Chartered Institute of Arbitrators (Kenya Branch). The place of Arbitration shall be Nairobi and the arbitration proceedings shall be conducted in English. The decision of such arbitrator shall be final and binding on the parties hereto. Notwithstanding the foregoing, a party is entitled to seek preliminary injunctive relief or interim or conservatory measures from a court in Kenya of competent jurisdiction pending the final decision or award of the arbitrator.
16.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Kenya.
17 Entire Agreement
17.1 These terms of use and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of our site.
17.2 If you have any concerns about material which appears on our site or concerns with regards to our services, please contact: info@faizpharmacy.com