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Welcome to www.dmrckenya.co.ke (the “Website”). The following are the Terms and Conditions, that govern your purchase and use of the products and services (the “Products”) from dmrckenya.co.ke, and constitute a legally binding agreement, between you (“the Customer”, the “User” and DMRC Pharmaceuticals.
By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.dmrckenya.co.ke, you are deemed to have agreed to all the following Terms and Conditions of Sale/Service. So, before you use this Website, please read these Terms carefully as you agree to be bound by them. If you do not accept these Terms and Conditions, please do not use this Website.
By continuing usage of the Website, you are consenting to be bound by these T&Cs for use and access of the Website.
The Services constitute a technology platform that enables users of DMRC’s website provided as part of the Services to order for health and wellness products. The Services are made available solely for your personal, non-commercial use.
1. Eligibility
You will be “Eligible” to use the Services only when you fulfil all of the following conditions:
You have attained at least 18 (eighteen) years of age.
You are competent to enter a contract under the Applicable Laws.
You have a valid registered mobile number
You agree to comply with our terms and conditions of use.
If you are not Eligible, please immediately abandon all attempts to register with us or use our services.
You acknowledge that we rely completely on the information provided by you and we shall not be held liable if you or anyone who uses your Account to access the services on the Website is not eligible to use the same.
2. Checkout: Creating an Account
⦁ To use certain features of the Website (e.g., ordering Products, posting rating/reviews, receiving DMRC e-newsletters), you must set up an account with www.dmrckenya.co.ke (“MYDMRC Account”) and provide certain information about yourself as prompted by the Customer Information form, including, your First name, Last name, Phone no, Email address, Region (county), area (town), Street address, Estate/Landmark/buildings. All of your registration information provided in the checkout form is handled and stored in accordance with the terms set out in our Privacy Policy and Terms and Conditions. The data provided by you will be used for contacting you for all service related matters.
– You understand and acknowledge that you can register on the Website only after complying with the requirements of Clause 2. and through a valid mobile number and Email address.
– You will be required to enter a password on the Website when logging into your account which will be sent to the email address you have used to register. You will be required to enter the OTP to complete the registration process.
– Upon completion of the verification process you will be added to our platform through which you can avail the Services offered on the Website.
– You represent and warrant that the information you submit during registration via the Checkout form is truthful and accurate and that you will maintain the accuracy of such information.
– You shall not impersonate someone else or provide account information, an email address or any other information that is not Your own. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you.
– In the event of any change in the said Registration/checkout Data, you agree to promptly update your Registration Data on the Account to ensure that the communication we intend to send to you is promptly delivered and is not sent to any other entity/third party.
– We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period, if we have a reason to believe that the Registration/Checkout Data or any other data provided by you is incorrect or false, or that the security of your Account has been compromised in any way, or any other reason we may find to do so dmrckenya.co.ke will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorized use of your DMRC KENYA account, you shall immediately notify dmrckenya.co.ke on +254743034468 or info@site.dmrckenya.co.ke. We also reserve the right to suspend your Account with immediate effect and for an indefinite period upon receipt of any complaint from the Service Provider.
– You are eligible to only one account in respect of your Email address.
– Your DMRC Account username and password are personal to you. You may not assign or otherwise transfer your account and you will be responsible for the activities associated with your DMRC Account.
3. Customer eligibility
Our Customers or Users must be over 18 years of age and registered with us. dmrckenya.co.ke is not intended for children under the age of 18. We will not knowingly collect information from DMRC visitors in this age group..
4. Price and Payment
– All our product prices include all applicable statutory taxes.
– We make every effort to make sure that the pricing and availability of Products on our Website is accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors or other errors and we reserve the right to cancel the sale.
– We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
– You can make the payment via any one of the following methods:
– Mpesa via Mpesa till no 829261 or Paybill 7082577 Account Your Mobile Number
– Cash on delivery
5. Use of Information on the Website
– The information provided on the Website or through our services is intended for informational purposes only, and is not intended to diagnose, treat, cure or prevent any disease.
– The information on this Website is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of your physician or other qualified healthcare professional with any questions you may have about your medical condition.
– DMRC does not endorse any views or opinions that may be included in the Website Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and dmrckenya.co.ke.
6. Cookies Policy
– Visiting DMRC’s website with your browser settings adjusted to accept cookies tells us that you want to use DMRCs products and services and that you consent to our use of cookies and other technologies to provide them to you as described in this notice and in our Privacy Policy.
– Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features such as Checkout Cart, interest-based advertisements on other Web sites (e.g., DMRC Associates with content served by DMRC), and storage of items in your shopping cart between visits. Any reference to “sites” of DMRC includes our DMRC website.
– We also use cookies for additional purposes, including:
– Identifying you when you sign-in to our site. This allows us to provide you with product recommendations, display personalized content, recognize you as a DMRC member, and enable you to add items you want into your cart for checkout and purchasing, among other customized features and services we provide.
– Delivering content, including advertisements, relevant to your interests on DMRC sites and third- party sites.
– Preventing fraudulent activity.
– Improving security.
– Keeping track of items stored in your shopping basket.
– Conducting research and diagnostics to improve DMRC’s content, products and services.
– Cookies allow you to take advantage of some of DMRC’s essential features. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Basket, proceed to Checkout, or use any DMRC products and services that require you to Sign in.
– On DMRC- owned and operated sites and unaffiliated sites, DMRC displays interest-based advertising using information you make available to us when you interact with our sites, content, or services. Interest-based ads, also sometimes referred to as personalized or targeted ads, are displayed to you based on information from activities such as purchasing on our sites, use of devices, apps or software, visiting sites that contain DMRC content or ads, interacting with DMRC tools or using our payment services, like Checkout by DMRC.
– Like other online ad networks, we use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, “cookies”). Cookies enable us to learn about what ads you see, what ads you click, and other actions you take on our sites and other sites. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can be careful not to show you the same ones repeatedly.
– We do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads.
– DMRC offers you choices about receiving interest-based ads from us. You can choose not to receive interest-based ads from DMRC. You will still see ads but they will not be personalized. Also, as described above, you may modify the settings in most browsers to notify you when you receive a new cookie and disable cookies altogether.
7. Disclaimer of Warranties and Limitation of Liability
– All information, Products and services included on or otherwise made available to you through this Website are provided by DMRC on an “as is” and “as available” basis, either express or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website is at your sole risk.
– DMRC assumes no responsibility for any damages or viruses that may infect your computer equipment, mobile phone or other property on account of your access to, use of, or browsing in this site.
– DMRC has exerted reasonable efforts to ensure that all information published on the Website is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website at our sole discretion.
– DMRC endorses the effectiveness, quality, or safety of the Products available on its Website.
– Please note that while DMRC has made every effort to accurately display the colours of products on its Website, the actual colour you see will depend on your device. We cannot guarantee that your device’s display of any colour will be the same as the colour of the Products delivered to you.
– We may let you view our information and communicate with us through the Social Media services such as Facebook and Twitter. DMRC explicitly disclaims any responsibility for the terms of use and privacy policies that govern the use of these third-party websites, which are in no way associated with us.
– DMRC reserves the right to modify or withdraw any part of the Website or any of its content at any time without notice.
8. Website Availability
We take all reasonable care to ensure the availability of the DMRC Website 24 hours every day, 365 days per year. However, the Website may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. DMRC does not warrant uninterrupted access to this Website or any linked Website/. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website.
9. Links to third-party Website
We may provide links to third-party websites, our online payment service partners i.e Mpesa, which process your payments. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such website link.
10. Terms of Sale
– Payment for your orders will be made as you complete the purchase, cash on delivery
– No credit facilities will be available and payment must be made in full.
– You will be required to select a payment and delivery option which best suits you. If within Nairobi our team will endeavour to delivery withing 6 hours and outside Nairobi 24Hrs.
– Only prescription medicines issued by a verifiable prescription note will be dispensed. We will work closely with your doctor provider to ensure a seamless customer experience.
– DMRC will keep you updated on the status of your purchase throughout the ordering process until it is delivered to the collection point of your convenience.
– DMRC may accept or decline any order placed by a Customer in its absolute discretion without liability to you.
– DMRC reserves the right to discontinue any program or offer on its Website.
– We reserve the right, without prior notice, to limit the order quantity of any Products available on our online e-commerce store.
– You acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by DMRC. You confirm that you have had a physical examination by a physician and the prescription provided is issued by a certified medical practitioner.
– You understand that all products shall be dispensed by a registered Pharmacist and authentication will be required to confirm that the product is of good quality.
– If you are the patient/parent/authorized person on behalf of the patient, you authorize and appoint DMRC and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent through dmrckenya.co.ke; and (b) packaging your prescriptions and delivering them to you. By making this purchase you hereby authorize DMRC and/or its affiliates to deliver the order to your designated location by courier. This authorization shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfilment of your order.
“YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES.”
⦁ “If you are the parent/legal guardian/authorized person for the patient disclosed herein, you affirm that you are over the age 18 Years, and have full authority to sign for and provide the above representations to DMRC and/or its affiliates on the Patient’s behalf.”
11. Prescription Medication Policy.
– DMRC, a fully licensed and regulated company, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
a). DMRC will not dispense any prescription medication without a valid prescription from a licensed physician.
b). If you are ordering prescription medication(s), you hereby confirm that you will send us an original scanned copy of your valid prescription(s) via the DMRC Website, and this prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacists.
c) The drug information provided in the DMRC is for informative purposes only and the Website is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website.
d). DMRC requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from DMRC.
e). At DMRC, a Caregiver can order prescription medicines on your behalf.
12. User Indemnification.
You hereby agree to indemnify, defend, hold harmless DMRC and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defences.
13. Applicable Law and Jurisdiction
These Terms and Conditions and your use of this Website and its content will be governed by and construed in all respects in accordance with the laws of Kenya.
14. Sever-ability
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
15. No Waiver
No failure on the part of DMRC to enforce any part of these Terms and Conditions shall constitute a waiver of any of DMRC’s rights under these Terms and Conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by DMRC nor the reliance of any person on DMRC actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of DMRC shall have any legal effect whatsoever.
16. Submissions
– DMRC reserves sole discretion to accept, edit or reject any and all materials you may send to us (“Submissions”). Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy.
– DMRC shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non- terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
– You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
– The User/Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the DMRC Website.
– DMRC does not endorse and is not responsible for any Submissions on its Website. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.
17. Termination
You agree that DMRC, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the Website, at any time. You agree that any termination of your access to the Website or suspension of your account may be effected without prior notice, and you agree that DMRC shall not be liable to you for any such termination. Your right to use the DMRC Website/Service immediately ceases upon termination of your access/use of the Website.
18. Changes to these Terms and Conditions
DMRC reserves the right to amend these terms and conditions from time to time. DMRC will notify you of any material changes or additions to these Terms and Conditions and will provide you with a copy of the amended Terms and Conditions, either under this Website, by use of your email address provided to DMRC or by any other suitable means which ensure that you will be able to take notice of the changes to these Terms and Conditions.
These Terms were published on 15/03/2020.
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