Welcome to portalpharmacy.ke. These Terms of Service are a legal agreement ("the Agreement") between you and Portal Pharmacy Limited, portalpharmacy.ke ("hereinafter referred to as Portal which shall include its assigns, affiliates and subsidiaries") stating the terms that govern your use of portalpharmacy.ke, a pharmacy with both an online presence and physical location that sells pharmaceutical products and drugs, wellness and beauty products, and offers e-consultation services (the "Service"). Please read the entire Agreement carefully. You must accept and abide by the terms of the Agreement as presented in order to use the Service. Changes, additions, deletions or counteroffers will not be accepted.
Portal may from time to time amend, supplement or modify the terms of this Agreement. It is your responsibility to check these Terms of Service (available in the Terms of Service section) periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the Agreement as amended, you must stop using the Service.
1. Terms of Use and Privacy Policy.
Except as otherwise expressly provided for in this Agreement, the Service is subject to our Privacy Policy, which is incorporated into and made a part of this Agreement. Although Portal uses commercially reasonable efforts to protect the security of your information, Portal cannot guarantee that any information sent via the Internet will not be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. We shall make every endeavour to protect your information in accordance with per our Privacy Policy.
2. Your Information.
You agree to provide accurate, current, and complete information required to register with the Service and at other times as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Portal may terminate your right to use any or all of their services or access to the website should any of the information you provide be false, inaccurate or incomplete as determined by Portal in its sole discretion. You agree that Portal may store and use the Registration Data you provide for use in providing any of their services or during the purchase of products, including but not limited to, maintaining and collecting your accounts and billing fees to your debit or credit card. Portal use of your Registration Data is subject to the terms of our Privacy Policy. Should Portal introduce a reward system and/or a point system meaning that you shall gain rewards based on your purchases, then your information shall be used for the same.
3. User Account and Service Security.
Account and Password. As a registered user of the Service, you may open or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else's Account. You are entirely responsible for all purchases and other activities that occur on or through your Account, and you agree to immediately notify Portal of any unauthorized use or access of your Account or any other breach of security. Portal shall not be responsible for any losses arising out of unauthorized use of your Account. Portal shall further not be liable should any purchase be made or any money be disbursed from the unauthorized use of your account and shall not be required to issue a refund.
4. Technical Specifications.
Product and Service Requirements. You acknowledge that upon the purchase of any product from Portal you shall be in full knowledge of the product and shall be aware of what you as seeking to purchase. Should you request for a service or upload a prescription for subsequent action by Portal, you shall be in the know of the same. The purchase and request of services is your sole responsibility. Once a product is purchased, and you receive it, or service is rendered, Portal shall be without liability to you in the event of its loss, destruction, or damage.
5. Usage Rules.
You are entitled to purchase a product solely for personal, noncommercial use in accordance with the terms of this Agreement. Any reselling of our products shall not be construed to mean you to be
a reseller or distributor. All our products and services shall be under Portal Pharmacy Limited and its official and legal subsidiaries and affiliates. Any marketing content shall be the rights of Portal and copyright shall be retained by Portal. No right, title or interest in any of our services offered such as medical advice shall be transferred to you as a result of receiving such service. All medical advice sought shall not be deemed as a visit to a doctor and shall be received as so. Access to this information goes you a limited, nontransferable, nonexclusive, revocable, non sub-licensable right to issue the same information to anyone else and the same is only for individual and personal use in accordance with the terms of this Agreement.
WITHOUT LIMITING ANY PROVISION HEREIN, portalpharmacy.ke MAKES NO WARRANTY THAT ANY PARTICULAR ADVISE SOUGHT SHALL CONSIST OR AMOUNT TO A DOCTOR’S VISIT.
6. Sales Policy; Changes to the Service; Other Restrictions. Order Acceptance Policy.
All Sales are final and all charges from those sales are nonrefundable, except as otherwise set forth in this Agreement. There may be certain orders that we do not accept and/or must cancel. Portal’s Order Acceptance Policy is explained in our general Terms of Use, and may be accessed by clicking here.Portal is a reseller of the products in its catalogue to you and does not accept orders from exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
Changes to the Service. Portal may from time to time, remove products from its catalogue and services offered from the Service without notice.
In addition, the following restrictions apply to your purchase:
Age Requirement for use of the Service. The Service is available only for individuals who are eighteen (18) years of age. Portal is relying on your representation that you are at least 13 years of age; Portal would not enter this Agreement with you and would not allow you to access the Service but for your representation that you are at least 18 years of age. If you are under the age of 18 you may access our product catalogue and may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. Portal does not intentionally collect personal information about children under the age of 18. Minors under the age of 18 may not use the Service and parents or legal guardians may not enter into to this Agreement on their behalf. If you are a parent or legal guardian entering into to this Agreement for the benefit of a minor under the age of 18, be advised that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not otherwise use this Service.
7. Agreement to Pay.
Payment for Products. You agree to pay for all Products you purchase through the Service, and that Portal is authorized to bill your chosen payment method for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing Portal with a valid payment method for payment of all fees. All fees will be billed to the payment method you designate during the checkout process.
Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on this Service, including notices of cancellation, policies, contracts, and applications.
Payment Methods. Portal currently accepts major credit cards, Visa and MasterCard branded debit cards. We further accept accredited forms of mobile money such as MPesa, Airtel Money and Equitel as forms of payment. Your mode of payment shall be charged when a product is purchased. For purposes of the Service, an order will be deemed shipped when the payment is confirmed and the item is dispatched. In the event of the services, a service fee shall be charged upon the request of such service and shall be deemed “shipped” once the service is rendered for example the advice sought is given. If a service is to chargeable or deemed ‘free’, then the same shall be indicated.
Portal may bill your chosen payment method once each individual Product is shipped, or may aggregate multiple purchases you make through the Service into a single charge to your account. We accept credit or debit cards issued by banks outside of the Kenya. Debit cards and credit cards may have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit or debit card issues, please review the data you have entered to ensure it is correct and resubmit the same. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit or debit card.
Prices. Portal reserves the right to change prices for Products offered at Portal platforms at any time.
Customer Service. For assistance with billing questions or other order inquiries, please email us through the contact us web-page.
8. Delivery of Product.
Portal shall ensure prompt delivery of the product so purchased. The delivery timelines shall be indicated once checkout is done and we shall endeavour to deliver within the prescribes timelines. Should there be a change or reason for non-compliance with the timelines, we shall contact you on the contact information you have provided to us and relay such information with an updated delivery timeline.
Delivery of the service upon request shall also be within the stipulated timeline and if advice sought may take longer that is necessary, the same shall be equally communicated to you on the contact you have provided us with.
On occasion, technical and other problems may delay or prevent complete delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product.
9. Intellectual Property.
Acknowledgement of Ownership. You agree that the Service, including without limitation technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Service, are owned by Portal and/or its licensors, and are protected by applicable intellectual expiry and other laws, including but not limited to copyright, and that you will not use the Service or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. You acknowledge and agree that your rights with respect to the Service will be limited by copyright law and you agree to make no use of the Service that would infringe on the copyright in the elements thereof. No portion of the Service or any element thereof may be reproduced in any form or by any means. You agree not to modify, sell, distribute, or create derivative works based on the Service or any element thereof, in any manner, and you shall not use the Service or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF ANY ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
10. Termination.
Portal, in its sole discretion, reserves the right to modify, suspend or discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you, including without limitation with respect to Products, content or other materials comprising a part of the service. Portal shall not be liable for the removal of or disabling of access to any Products, content or other materials under this Agreement. Portal further reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with our without notice, for any or no reason. In particular, if you fail, or Portal suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, reselling and redistribution of products, failure to provide Portal with a valid credit card or with accurate and complete Registration Data or failure to safeguard your Account information, Portal, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain
liable for all amounts due under your Account up to and including the date of termination; and/or
(ii) preclude access to the Service (or any part thereof).
11. No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, Portal may provide links to certain third-party web sites. You acknowledge and agree that Portal is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Portal does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. If you decide to link to any such third-party web sites, you do so entirely at your own risk.
12. Disclaimer of Warranties; Limitation of Liability.
PORTAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PORTAL MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. PORTAL DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE SHALL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PORTAL DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PORTAL OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PORTAL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PORTAL BE LIABLE FOR ANY DAMAGES AND YOU HOLD PORTAL HARMLESS OF THE SAME.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND PORTAL HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
13. Waiver and Indemnity.
By using the Service, you agree to indemnify and hold Portal, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Service, or any action taken by Portal as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. You cannot sue or recover any damages from Portal, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information, Product, or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a
suspected violation or as a result of Portal’s conclusion that a violation of this Agreement has occurred.
14. Changes.
Portal reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
15. Governing Law; Remedies.
This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of Kenya and the Parties submit to the exclusive jurisdiction of the Kenyan legal system.
You understand and agree that any unauthorized use of the Service (including all elements thereof), the Products, would result in irreparable injury to Portal and/or its affiliates or licensors for which money damages would be inadequate, and in such event Portal, its affiliates and/or licensors, or the owners of the copyright in any Product available through the Service, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Portal, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual expiry infringement.
16. Miscellaneous.
This Agreement, together with the Terms of Use and Privacy Policy for the Portal website, constitutes the entire agreement between you and Portal regarding the Service and governs your use of the Service, superseding any prior agreements between you and Portal relating to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Portal’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. Portal shall not be responsible for failures to fulfill any obligations due to causes beyond its control. Portal obtains permission from suppliers and probable content owners to make their products and other content available to you through the Service. You agree that the product owners that authorise sale of their products and other content to and through Portal are intended third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their products.
