Effective date: 1st January 2022
WHO WE ARE?
Pharmplug is an online pharmacy that makes it easy and convenient for you to order or refill your prescription online, without needing to come physically to the pharmacy.
References in this document to “Pharmplug”, “the Company”, “we”, “our” or “us”, are to Pharmplug Limited depending on the context, and references to “you” “your” or “User” are to the persons with whom Pharmplug enters into this agreement.
These terms tell you the rules for using our platform: www.pharmplug.com and other mobile platforms operated by Pharmplug Limited (“Pharmplug”).
We reserve the right to change or modify these Terms or any policy or guideline of the Platform, at any time and at our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Platform will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of the Platform.
In these terms, the following definitions shall apply:
“Content” means any content, writing, images, audiovisual content or other information published on the Platform;
“Parties” means the User and Pharmplug;
“Products or Service” means all products and services offered for sale on the Platform;
“Platform” means the website – www.pharmplug.com and any other platform operated by Pharmplug;
“Third Party Goods/Services” means goods, products and services of a third party that may be advertised on the Platform; and
“URL” means Uniform Resource Locator.
PRODUCTS AND SERVICES
The Platform is a website that facilitates, as an intermediary, the online requisition by the User for purchase of medicines and wellness/health related products and services offered by various third parties including retail pharmacies (“Retail Pharmacies”).
The sale and purchase transaction between the third parties and you, of Products and Services, facilitated by the requisition placed by you on the Platform shall be governed by these Terms. Pharmplug is not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between you and the third parties.
TECHNOLOGY PLATFORM FOR PHARMACEUTICAL PRODUCTS
Pharmplug and the Platform merely provide hosting and technology intermediary services to you and persons browsing/ visiting the Platform. All items offered for sale on the Platform, and content (including product descriptions, images and the like) made available by the Retail Pharmacies, are third party content and describe third party Products and Services. We have no control over such third-party user generated content, Products or Services and do not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission.
The authenticity, accuracy or genuineness of the Products and Services made available by the Retail Pharmacies through the Platform shall be the sole responsibility of the Retail Pharmacies. Pharmplug shall have no liability with respect to the authenticity of the Products and Services being facilitated through the Platform.
The Company does not take any representation or warranty as to the legal title of the Products and Services offered for sale by the Retail Pharmacies on the Platform. The right, title, claim or interest in the products sold through the Platform shall not vest with Pharmplug and Pharmplug shall not have any obligations or liabilities in respect of any transactions on the Platform.
We are not responsible for delayed performance, non-performance or breach of any contract entered into between you and Retail Pharmacies for purchase and sale of Products or Services on the Platform. Pharmplug gives no guarantee that the concerned Retail Pharmacies will perform any transaction concluded on the Platform.
The Company is not responsible for any Products and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Platform at the time of placement of an order.
You agree and acknowledge that the respective Retail Pharmacies are exhibiting third party content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Platform. The content available on the Platform, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the Retail Pharmacies on the Platform or any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, the Company shall not be responsible for ensuring that the content made available is not misleading and describe the actual condition of the Products and Services.
You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity or accuracy of the information provided on the Platform and you must do your own check. The ranking of goods and services as provided on the Platform are determined after collection of rating and feedback from Users, and the Company shall not be in any manner held responsible for accuracy of the same. If Retail Pharmacies or Users find any wrong information on the Platform in relation to such Retail Pharmacy, Products or Services, they may contact the Company immediately for such corrections. The Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third parties.
Invitation to offer for sale:
The listing of drugs and other pharmaceutical products on the Platform by the Retail Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by you shall constitute an offer by you to enter into an agreement with the Retail Pharmacies (“Offer”). Post the Offer to the Retail Pharmacies, the Company shall send an email to you with the information on the Offer along with the details of the concerned Retail Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer.
The acceptance of the Offer would only be undertaken by the Retail Pharmacy(s) after the validation/ verification of the order and the ascertainment of the available stock in the relevant Retail Pharmacy(s) by way of a confirmatory email to be sent to you. It is hereby clarified that any reference of the term ‘offer/ offered for sale by the Retail Pharmacy(s), as appearing in these Terms, shall be construed solely as an ‘invitation to offer for sale’ by any such Retail Pharmacy(s).
Transfer of Property and Completion of Sale:
Upon acceptance of the Offer by the concerned Retail Pharmacies, the Products and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by you. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Retail Pharmacy, wherever required under the applicable law(s). You agree and acknowledge that the property and title in the Products and Services ordered by you shall stand immediately transferred to you upon the dispensation of Products and Services and the raising of the invoice at the concerned Retail Pharmacies.
The Products and Services shall be delivered by the Retail Pharmacies or independent contractors. You accept and acknowledge that the courier/ delivery personnel, engaged by the Retail Pharmacies or the Company, shall be your agent for the delivery of the Products and Services from the concerned Retail Pharmacies to the address notified by you, with no control over the Products and Services and no additional obligation apart from standard delivery obligations and duty of care.
You further agree and acknowledge that such courier/ delivery personnel acts as your agent for collecting the medicines from the Retail Pharmacy. The services are being undertaken by your agent
with your consent and therefore the Company is merely facilitating this and will have no liability or responsibility in this regard.
PRICING INFORMATION AND PAYMENT
The Company strives to provide you with the best prices possible on the Products you require from the Platform. The pricing details for purchase of Products from the Platform are detailed under these Terms.
Your relationship with Company is on a principal-to-principal basis and by accepting these Terms, you agree that Company is an intermediary for all purposes and does not have control of or liability for the products or services that are listed/ offered on the Platform. The Company does not guarantee the identity of any third party, nor does it ensure that a User or a third party will complete a transaction.
You, as a User, understand that upon initiating a requisition on the Platform, you are entering into a legally binding and enforceable contract with the third party to purchase the Products and /or Services from the third party.
You, as a User, shall electronically notify Company using the appropriate Platform features immediately upon delivery or non-delivery within the time period as provided in these Terms. Non-notification by you of delivery or non-delivery within the time period specified in these Terms shall be deemed as delivery in respect of that particular order.
You, as a User, shall be entitled to claim a refund in accordance with the Refund and Return Policy of the Company available at Cancellation and Refund Policy.docx
Refunds shall be subject to the User complying with these Terms.
The Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements between the User and the Company or breach of any policy.
The User and third-party acknowledge that the Company will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price.
In order to process the payments for your orders, the Company might require details of your bank account, credit card number, etc. The online fee payments made by you are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to a User/ Retail Pharmacies/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company.
Each User/third party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further please note that all fees are exclusive of applicable taxes.
CREATING AN ACCOUNT
You may create an account by clicking on the “Sign Up” or “Get Started” button on the Platform and fill out the needed information on the form presented to you.
The Company shall enable you to make the requisition of Products and Services available to you through the Platform, only if you have provided the Company certain required User information, including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account on the Platform.
Your account details must not be disseminated to anyone and when you discover that your information has been compromised, you agree to notify us immediately.
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. 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 reasonable opinion you have failed to comply with any of the provisions of these Terms.
You also acknowledge that you are responsible for the security of your personal information and that Pharmplug does not accept liability for the security of your account as you agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities under your account.
Pharmplug reserves the right to terminate your account where you have provided false inaccurate or incorrect information.
We are the owners or the licensee of all intellectual property rights in our Platform, and in the material published on it.
You agree that we retain ownership of all Content included on the Platform (text, graphics, video, software, data, page layout, images, and any other information capable of being stored in a computer) other than the contents uploaded by users.
You must not use any part of the Content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
Nothing on this Platform shall be construed as granting any license or right to use any trademark or logo displayed on the Platform without obtaining the prior written consent of Pharmplug.
You hereby agree not to reproduce or distribute Pharmplug’s intellectual property or use the intellectual property for any unlawful purpose.
We may provide you with other items in connection with your use of this Platform.
We hereby grant you the license to use our Platform for your use to retrieve, display and view the Content on a computer screen, mobile phone, or other electronic devices.
The license created under these Terms is limited, non-exclusive, non-transferable and revocable.
You agree that you will not use the Content for any other purpose which may be contrary to your license to use this Service.
Any unauthorized use by you shall terminate the permission or license granted by this Platform.
You agree not to use the Platform:
to harass, abuse or threaten others or otherwise violate any person’s legal rights;
to perpetrate fraud;
to create or transmit unnecessary spam to any person or URL;
to post, transmit or cause to be posted or transmitted, any communication or solicitation designed to obtain password, account, or private information of other users or persons;
to post copyrighted content which does not belong to you and without obtaining the prior consent of the author;
to use robot, spider, scraper or other automated means to access this Service without obtaining the prior consent of Pharmplug;
to engage in or create any unlawful gambling, sweepstakes, or scheme;
to publish or distribute any obscene or defamatory material;
to disseminate computer viruses or other software;
to violate any intellectual property rights of Pharmplug or any third party;
for illegal spam activities.
Additionally, you agree that you will not do as follows:
interfere or attempt to interfere with the proper working of the Platform; or
bypass any measures we may use to prevent or restrict access to the Platform;
to interfere with or circumvent the security features of the Platform;
to damage, disable, overburden or impair the Platform or any other person’s use of the Platform.
to use the Platform contrary to the applicable laws and regulations or in a way that causes, or may cause harm to the Platform, any person or business entity. We reserve the right to terminate your use of the Platform for violating any of the prohibited uses.
to reverse engineer or permit the reverse engineering or dissemble any code or software from or on the Platform.
to violate the security of the Platform through any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host or user or network.
We do not guarantee that our Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes to access our Platform. You should use your own virus protection software.
LINKS TO THIRD PARTY PLATFORMS/SERVICES
The Platform may contain links to other platforms. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for third-party materials or platforms, or any other products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party platform. Please review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on this Platform, satisfy any legal requirements that communications must be in writing.
AFFILIATE MARKETING AND ADVERTISEMENT
We may engage in affiliate marketing and advertisement of third-party goods and/or services through the Platform. We may also accept advertising and sponsorship from commercial businesses or receive other forms of advertising compensation.
You hereby agree to indemnify Pharmplug, its employees, agents and third parties from and against all liabilities, cost, demands, cause of action, damages and expenses (including reasonable attorney’s fees) arising out of your unlawful use of the Platform, your violation of any rights of a third party and your violation of applicable laws, rules or regulation.
You agree that you use this Platform solely at your risk as Pharmplug does not warrant the accuracy of the contents in this Platform. You assume all the risk of viewing, reading, downloading the contents of this Platform.
Pharmplug expressly disclaims all express and implied warranties such as implied warranty of merchantability as Pharmplug makes no warranties that the Platform or other Services will be accurate, error free, secure or uninterrupted.
Pharmplug makes no warranty about the suitability, reliability, availability, timeliness and accuracy of the information, Content, Products/Services and other materials contained herein for any purpose. Pharmplug hereby disclaims all warranties and conditions with regard to the information, software, Products and related graphics and materials, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
You also agree that Pharmplug and its affiliates shall not be liable for any direct, indirect, punitive and all consequential damages or any damages whatsoever including, but not limited to damages for loss of use, data or profits, the failure to provide Services or for any information, software, Products, Services, related graphics and materials obtained through this Platform, or otherwise arising out of the use of this Platform, whether based on contract, negligence, strict liability, or otherwise.
You expressly understand and agree that, to the maximum extent permitted by applicable law the Platform, Products/Services and other materials are provided by Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.
To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
The Company will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the Platform or any services or materials, either with or without your knowledge. The Company has endeavoured to ensure that all the information on the Platform is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service.
The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Company’s control.
The User understands and agrees that any material or data downloaded or otherwise obtained through the Platform, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
The Company shall not be liable for any third-party product or services. The advertisement available on e-mail or Platform with respect to the third-party Platform or the Products are for information purpose only. You expressly agree that your use of the Platform is at your risk.
SUSPENSION OR WITHDRAWAL OF PLATFORM
We do not guarantee that the Platform 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 Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
TERMINATION/RESTRICTION OF ACCESS
The Company reserves the right to, at its sole discretion, terminate your access to this Platform or any part thereof at any time, for any reason and without notice.
Pharmplug shall have the right to terminate or suspend your account for violating these Terms.
If you register with us, you may terminate the Service at any time by issuing a prior notice to us. Once this is done, you will no longer be bound by the provisions of this Terms.
Assignment: Pharmplug shall be permitted to assign, transfer its rights and/or obligations under these Terms. However, you shall not be permitted to assign, transfer any rights and/or obligations under these Terms.
Separate Agreements: You may have other legal agreements with us. Those agreements are separate from these Terms. These Terms are not intended to alter, amend, revise or replace the terms of the other agreement(s).
Applicable law: These Terms may be governed and construed in accordance with the Laws of the Federal Republic of Nigeria.
Waiver: Failure to exercise any right in these Terms shall not operate as a waiver. The right or remedies herein provided are cumulative and not exclusive of any right or remedies provided by law.
Severability: Every provision contained herein is intended to be severable. If any provision is invalid for any reason whatsoever, such invalidity shall not affect the validity of other clauses of these Terms.
Questions about these Terms should be sent to us at: firstname.lastname@example.org