Updated on: 25th March 2025
Welcome to portalpharmacy.ke. These Terms of Service are a legal agreement ("the Agreement") between you and Portal Pharmacy Limited, portalpharmacy.ke ("Portal", which includes 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 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 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 its 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 its 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's 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 are 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 gives 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. 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.
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 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 this Agreement on their behalf. If you are a parent or legal guardian entering into 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 these terms and conditions, do not 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 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 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 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 prescribed 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 than 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 property 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. No portion of the Service or any element thereof may be reproduced in any form or by any means. 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 further reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service at any time, with or without notice, for any or no reason. If you fail, or Portal suspects that you have failed, to comply with any of the provisions of this Agreement, Portal may 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.
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 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. 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, to the full extent permissible under applicable law.
Under no circumstances 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.
You acknowledge and agree that your submission of information is at your sole risk.
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.
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 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 those terms.
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 or 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, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you.
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. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law and the remaining portions shall remain in full force and effect. Portal's failure to enforce any right or provision in this Agreement will not constitute a waiver of such provision or any other provision.
