GENERAL TERMS AND CONDITIONS

INTRODUCTION

Welcome to the Pharmarun Website (the“site”). We operate an ecommerce platform consisting of a website and mobile application ("platform"),together with supporting logistics and payment infrastructure, for the sale and purchase of pharmaceutical products in Nigeria ("territory")

These terms and conditions applies to websites, services, software applications and networks that allows for the authorized upload, access, purchase, sale, sharing and distribution of medical products on the “Pharmarun Platform”. These general terms and conditions shall apply to buyers and sellers on the platform and shall govern your use of the platform and related services. This website is owned and operated by Pharmarun Limited.

For the purposes of this website, the terms of “Pharmarun” and the “PharmaRun Platform” apply to any site or mobile application owned and operated by Pharmarun, including www.pharmarun.africa and the Pharma mobile applications (each an “App”). The term “we”, “us”, and “our”all refer to www.pharmarun.africa

The following Terms and Conditions for the Pharma Platform is a legal contract between You, either an individual user or a Corporate entity (“You” or, collectively,“Users”), and Pharmarun regarding Your use of the Pharma Platform.
You are hereby advised to carefully read these terms and conditions before using our Website (the "Site"). By using the Pharmarun Site, as defined below, you agree to be bound by the terms and conditions. These Terms and Conditions fully govern the use of the Pharmarun Platform. 

Please read carefully the following Terms and Conditions.  By registering for,Accessing, Browsing, Posting or Using the Pharma run Platform, you acknowledge that you have read and understood, and agree to be bound by, the followingTerms and Conditions, including any additional guidelines and future modifications (collectively, the “Terms”).  If at any time you do notagree to these Terms, please immediately terminate your use of the Pharmarun platform.

Definition

Website" means the web site located at the URL http://www.Pharmarun.africa and includes the entirety of both the Pharmarun Site.

"Pharmarun Public Site" means that portion of theWebsite that is generally available for use by any person who by accessing theWebsite agrees to be bound by the Website terms and conditions.

"User" means those persons and entities that have registered, signed in to the platform and assented to theterms of this Agreement. Also referred to as “Buyers” Or “Sellers “.

"Pharmarun Website Services" 
mean functions on the Pharmarun Website that allow users to search for and access technical product documents of Product Suppliers; order product samples on line directly from such suppliers; and request direct technical assistance from those suppliers.

“The Pharmacy” Or “Pharmacy “ refers topharmacies who are in partnership with Pharmarun.

Account Creation

Although visiting our website does not need an account, certain operations like ordering products, posting reviews, and others require you to set up an account with Pharmarun.africa.

To set up an account, you will be required to give certain information about yourselfin the required form on the platform.

All information provided by you isprotected by us. You represent and warrant that the information provided by youduring the registration is accurate.

Pharmarun.africa is not responsible for any damages or losses because of your failure tomaintain the confidentiality of your account.

Our pharmarun.africa Account,Password and other details in the account are personal to you and you may not transfer your account to anyone else.

Conditions of Use

You must be of age 18 years or older to visit, use the website or app, avail of the services in any manner. By visiting or registering or availing of service from the website or app, you agree to this Agreement and warrant Pharmarun that you are 18 years or older in age and that you have the right, authority, and sanity to use the website or app and agree to abide by this Agreement.

Ordering; By placing an order through our Website, you enter into an agreement with Pharmarun with respect to the processing of that order and forwarding it to the Participating Pharmacy. If you are paying online, Pharmarun is also responsible for any returns or refunds. However, the Pharmacy remains responsible for the quality and delivery of your order. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own creditor debit card and that you have sufficient funds to make the payment.

Terms and Conditions of Sale

You hereby acknowledge and consent to the following: marketplace provides an online location for sellers to sell and buyers to purchase products;
we shall accept binding sales, on behalf of sellers, however Pharmarun is not a party to the transaction between the seller and the buyer; and a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the platform govern the contract for sale and purchase between the buyer and the seller.

Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
the price for a product will be as stated in the relevant product listing;
the price for the product must include all taxes and comply with applicable laws in force from time to time; delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;
that the seller has license and is registered with the Pharmacists Council of Nigeria products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer;
that the product is in compliance with the Food and Drug Act2004 and, the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.

Intellectual Property

Thematerials contained on the PharmarunWebsite are proprietary to Pharmarun limited, its affiliates and/or third parties.
These materials. Pharmarun grants you a limited, revocable, nonexclusive and nontransferable license to use and display the materials only on your computing device and only for those limited purposes associated with your interaction with the Pharmarun Website.

Except as stated herein, you have no right to copy, download, display, perform, decompile, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. You agree not to "link," "frame" or"mirror" the Pharmarun Website, or any material contained on or accessible from the Pharmarun Website, on or from any other server or device without the advanced written authorization of  n Pharmarun .

This limited license terminates automatically, without notice to you, if you breach any of these terms and conditions. This limited license may also be terminated at any time in Pharmarun ’s sole discretion upon notice to you. Upon termination, you must immediately destroy any downloaded and printed materials.

Conduct of User

You agree to use the Pharmarun Website only for lawful purposes and not to engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

You shall not post on or transmit through the Pharmarun Website any defamatory or abusive statements; statements that threaten the persons of others; advertising or other forms of solicitation; or statements that are bigoted, hateful, racially offensive, or that endorse or advocate illegal activity.

You agree not to engage in any conduct in connection with your use of the Pharmarun Website that is anti competitive, deceptive or otherwise in violation of any law including those governing competition or trade practices. You further agree not to tamper with the Pharmarun Website or its functionality. You shall not post or transmit any information, file or software that contains a virus, worm or any other potentially contaminating or destructive information, data or feature.

Payment Security Policy

All your transactions andinformation when placing an order with us will be encrypted before passing onover the internet, which ensures the privacy and high level of security of allyour information.

Pricing; All products onthe website will be sold at MRP (most reasonable price) unless otherwisespecified.

Cancellation

We at Pharmarun are bound to honour all the eligible orders that come through our Website and Application. In some cases, we do accept orders through other mediums like E-mail, Telephone, WhatsApp,Text messages, and others.

However, in all cases, Pharmarun reserves the right to cancel any order with or without notice and without any liability. Any order of prescribed medicines and equipment without a doctor's prescription will be canceled with or without notice. Customers can cancel their order anytime up to the cut-off time of the slot.

In such a case, we will refund any payments already made by you for the order. In case of any fraudulent transaction by any customer or any transaction which defies the terms and conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

Privacy Policy

We understand the privacy of the information provided by you is personal to you. We take the most care to handle your information responsibly. We do not share your information with anyone(individual or organization) other than our business partners. We may share your information with the business partner only to fulfil the service to you.

No Endorsement.  Pharmarun does not endorse any products or services of other parties appearing on, or accessible through, the Pharmarun Website. References on the Pharmarun Website to any such products or services or the inclusion on Pharmarun Website of links to, or frames of, the web sites or computer systems of any third parties does not constitute or imply an endorsement by Pharmarun of such products, services, web sites or systems.

Warranties; Pharmarun makes no representation or warranty with respect to, and is not responsible for the quality of, the products, services, web sites or computer systems provided by third parties that may be referred to on, or accessible through, the Pharmarun Website.

Website Updates

Pharmarun reserves the right and sole discretion,to change the Pharmarun Website and its content for any lawful purpose, including changes to enhance or correct any inaccuracies contained on it.

Pharmarun also reserves the right to modify these terms and conditions and the Privacy Policy, without prior notice. If Pharmarun makes any material changes to these terms and conditions or the Privacy Policy,Pharmarun may announce those changes on the Pharmarun Website. Your continued use of the Pharmarun Website would be deemed as consent to the terms and conditions

Disclaimer of Liability

You assume all responsibility and risk for the use of the Pharmarun website and the internet generally. The information provided on the website is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose and all such warranties are expressly disclaimed to the fullest extent allowed by law.

Neither Pharmarun nor its affiliates warrant that the information on the website or on the internet generally will be uninterruptable or error free or that any systems, software information, or other material accessible on or through the website server is free of viruses or other harmful components. No advice or information, whetheroral or written, obtained by you from Pharmarun or through the Pharmarun Website shall create any warranty not expressly made in these terms and conditions.

Pharmarun and its affiliates do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information disclosed on the Pharmarun Website or other material accessible through it.

Pharmarun shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced on the Pharmarun Website, including without limitation product information provided in technical data sheets or material safety data sheets.

In no event shall Pharmarun or its affiliates be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use or performance of the information on or accessed through the Pharmarun Website.

Data privacy

Buyers agree to processing of their personal data in accordance with the terms of Pharmarun’s Privacy and Cookie Notice.  

Pharmarun shall process all personal data obtained through the platform and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy . Policy. Seller sshall be directly responsible to buyers for any misuse of their personal data and Pharmarun shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

Applicable Law and Jurisdiction

These Terms and Conditions shall be interpreted and governed by the laws in force in theFederal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

Agreement to Arbitrate

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria and governed by the  Nigerian law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party.Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Termination of Agreement

This User Agreement is valid unless and until terminated by you or Pharmarun, in either case, Pharmarun will not be liable for any damages or losses that may arise.

You may terminate this user agreement at anytime by deleting your Pharmarun.africa account and discontinuing any further use of the website. You are required to destroy all the downloaded and obtained contents from the website. Pharmarun.africa reserves the right to terminate this user agreement anytime without any notice or liability and mayor may not deny access and services to the website.

Pharmarun reserves the right to moderate, delete, and keep any comment or content posted by a user before, during, or after this user agreement. Any termination of the user agreement will not cancel the obligation to pay for the product ordered from the website and does not affect the user liability arisen under this user agreement.

Our Rights

Our Rights to Use Your Content;
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.
You grant to us the right to sub-license the rights licensed under this section.
You grant to usthe right to bring an action for infringement of the rights licensed under this section.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublished or edit any or all of your content.

Due Diligence and Audit Rights; We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the platform.
You agree to provide to us all such information, documentation and access to your business premises as we may require:
in order to verify your adherence to, and performance of, your obligations under this Agreement. for the purpose of disclosures pursuant to a valid order by a court or other governmental body;
or as otherwise required by law or applicable regulation.


Retention and Removal
; Pharmarun may retain any such information collected from users from its website or services for as long as necessary, depending on the type of information; purpose, means, and modes ofusage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

Severability; If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Entire Agreement; These Terms (including all Guidelines and terms incorporated herein) are the entire agreement between You and Pharmarun relating to the subject matter herein and will not be modified except in writing, signed by bothparties, or by a change to these Terms or Guidelines made by Pharmarun as set forth in this Terms and Condition.     

Contact Information

If you have any questions about these Terms or the Services, please contact Pharmarun   info@pharmarun.africa

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