Terms & Conditions

1 Introduction 

 1.1 The PharmaGo software application and website at www.pharmago.co.za (the "App") is available for download from various app stores identified by PharmaGo from time to time, on compatible electronic devices, or accessible through the website. The App is owned by PharmaGo Ltd incorporated in the Isle of Man and operated by PharmaGo (Proprietary) Limited ("PharmaGo", "we", "us" and "our"). PharmaGo offers this website, application including all information, tools and services available from this site and application to you, the user conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 1.2 The App enables users to order and purchase pharmaceutical drugs and other related items (the "Product") from any of the pharmacies listed on the App (each a "Pharmacy").

 1.3 These terms and conditions ("Terms and Conditions") govern the ordering, sale, delivery and collection of products, and the use of the App. These Terms and Conditions are binding and enforceable against every person that accesses or uses the App ("you", "your" or "user"), including without limitation each user who registers as contemplated below ("registered user"). By using the App, you acknowledge that you have read and agree to be bound by these Terms and Conditions and are of legal age. You must not use the App if you do not agree to the Terms and Conditions and are not of legal age. 

 1.4 Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and PharmaGo. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. PharmaGo may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. 

 1.5 Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. 

 1.6 PharmaGo may amend the Terms related to the Services from time to time. Amendments will be effective upon PharmaGo’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. 

 2 Notice in Terms of the Consumer Protection Act 

 2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the "CPA"). 

 2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which – 

 2.3 May limit the risk or liability of PharmaGo or a third party; and/or

 2.4 May create risk or liability for the user; and/or 

 2.5 May compel the user to indemnify PharmaGo or a third party; and/or 

 2.6 Serve as an acknowledgement, by the user, of a fact. 

 2.7 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

 2.8 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask PharmaGo to explain it to you before you accept the Terms and Conditions by continuing to use the App.

 2.9 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or PharmaGo in terms of the CPA. 

 2.10 These Terms and Conditions are divided into three sections, as follows: 

 3 The Services 

 3.1 The Services constitute a technology platform that enables users of PharmaGo’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule logistics services with independent third party providers of such services, including independent third party logistics providers under agreement with PharmaGo or certain of PharmaGo’s affiliates (“Third Party Providers”).

 3.2 Unless otherwise agreed by PharmaGo in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT PHARMAGO DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY PHARMAGO OR ANY OF ITS AFFILIATES.

 3.3 Subject to your compliance with these Terms, PharmaGo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by PharmaGo and PharmaGo’s licensors. 

 3.4 You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by PharmaGo; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. 

 3.5 The Services and all rights therein are and shall remain PharmaGo’s property or the property of PharmaGo’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner PharmaGo’s company names, logos, product and service names, trademarks or services marks or those of PharmaGo’s licensors. 

 4 How it Works

 4.1 You may order products via the App. At the time of ordering, you are required to indicate your address, and then you will be given a selection of Pharmacies. You will only be allowed to order products from that selection of pharmacies, which fall within the prescribed area (as determined by PharamGo from time to time) surrounding your given address. 

 4.2 Where you have ordered using the App, you may be given the choice of receiving the Products by means of courier, which delivery service shall be carried out by 4.2.1 a pre-qualified and vetted third party courier service registered on the PharmaGo platform.

 4.3 We will indicate on the relevant product and checkout pages in the App which items are for sale by a particular pharmacy. You can only order products from one pharmacy at a time, in each order that you place.

 4.4 You can only place orders for products from a pharmacy provided that it is open for business and active on the App. We may at any time suspend or terminate the availability of a pharmacy or product/item on the App, in our sole discretion. 

 4.5 You acknowledge that, notwithstanding that the product/s may be ordered via the App, you place such order with the relevant pharmacy. The sale of pharmaceutical products and or related items (formed on acceptance of an order, as set out in clause 6.2) is solely between the registered user and the relevant pharmacy. Neither PharmaGo nor any third party attending to the Courier Delivery is a party to that sale. PharmaGo only provides the platform to facilitate transactions between pharmacies and registered users in relation to the products. Pharmago is neither the buyer nor the seller of the products. Any claims the registered user may have in respect of the products shall be against the relevant pharmacy. 

 4.6 As we strive for a a safe and consistent experience, PharmaGo will be your first point of contact for any complaints arising out of or in connection with the sale of products between a registered user and a pharmacy. Should such complaint escalate into being a dispute, although PharmaGo is entitled to become involved in an attempt to resolve it, PharmaGo is not obliged to do so and any disputes must be resolved between the registered user and the relevant Pharmacy.

 5 Independently Registered Pharmacies 

 5.1 It is specifically noted that all pharmacies registered on the PharmaGo platform; 

 5.1.1 Exist Independently of PharamaGo, and are independently registered and Licenced with the National Department of Health

 5.1.2 The registered responsible pharmacist operates an extension of its pharmacy via our marketplace. 

 5.2 PharmaGo is neither a registered Pharmacy nor purports to be a registered pharmacy. 

 6 Registration and your use of the App 

 6.1 Subject to your compliance with these Terms, PharmaGo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: 6.1.1 access and use the Applications on your personal device solely in connection with your use of the Services; and 

 6.1.2 access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by PharmaGo and PharmaGo’s licensors.

 6.2 Only registered users may order products via the App. 

 6.3 To register as a user via the App, you must provide PharmaGo with your unique email address or telephone number, personal details and any other relevant information required. You will thereafter be requested to select your own password or be issued a randomly generated password (which you may subsequently change).

 6.4 You will need to use your unique username and password to place an order via the App. You agree that a PharmaGo operator may call you to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct username and password whenever ordering Products via the App, failing which we will not process your order. 

 6.5 You agree and warrant that your username and password (if applicable) shall: 

 6.5.1  not be disclosed by you to any third party.

 6.6 You agree that, once your correct username and password have been entered (in relation to the App), irrespective of whether the use of the username and/or password is unauthorized or fraudulent, you will be liable for payment of any resulting order.

 6.7 You agree to notify PharmaGo immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and/or password and to take steps to minimise any resultant loss or harm. 

 6.8 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the App. You may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without the express prior written consent of an authorised PharmaGo representative.

 6.9 By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from PharmaGo at any time by following the directions found at https://www.pharmago.co.za/unsubscribe/. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. 

 6.10 PharmaGo may, in PharmaGo’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that PharmaGo establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: 

 6.10.1 must be used for the intended audience and purpose, and in a lawful manner.

 6.10.2 may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by PharmaGo; 6.10.3 may be disabled by PharmaGo at any time for any reason without liability to PharmaGo; 6.10.4 may only be used pursuant to the specific terms that PharmaGo establishes for such Promo Code; 6.10.5 are not valid for cash; and 6.10.6 may expire prior to your use. PharmaGo reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that PharmaGo determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
 
 6.11 PharmaGo may, in PharmaGo’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to PharmaGo through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to PharmaGo, you grant PharmaGo a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and PharmaGo’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

 6.12 You represent and warrant that: 

(i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant PharmaGo the license to the User Content as set forth above; and

(ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor PharmaGo’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

 6.13 You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by PharmaGo in its sole discretion, whether or not such material may be protected by law. PharmaGo may, but shall not be obligated to, review, monitor, or remove User Content, at PharmaGo’s sole discretion and at any time and for any reason, without notice to you. 

 6.14 You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. PharmaGo does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 

 7 Conclusion of Sales and availability of Products 

 7.1 Registered users may place orders for products, which the Pharmacy and/or PharmaGo may accept or reject. The placing of an order will happen when payment is made by any of the acceptable payment methods in 9.3 and is confirmed on the App. Whether or not the Pharmacy and/or PharmaGo accepts an order depends on various factors, including but not limited to, the availability of products, capacity for Courier Delivery, correctness of the information (such as the prescription) and receipt of payment or payment authorisation (if applicable) by PharmaGo for the Products. 

 7.2 PharmaGo will indicate the acceptance of your order (by PharmaGo and the Pharmacy) by way of notification on the App or email ("Acceptance Notice"), and only at that point will agreements of sale (the "Sale") come into effect between you and: 

 7.3 the Pharmacy in respect of the Products; and 

 7.4 the third part courier service in respect of the Courier Delivery services; and

 7.5 PharmaGo in respect of its facilitation fee

 7.6 This is regardless of any earlier communication from the Pharmacy and/or PharmaGo stating that your order or payment has been confirmed.  

 7.7 PharmaGo will indicate the rejection of your order by cancelling it, notifying you thereof and, as soon as possible thereafter, refunding you for any amount already paid. 

 7.8 Prior to the Products being delivered to your nominated address, we may reject an order or cancel a Sale at any time due to:

 7.8.1 the Pharmacy being unable to fulfil the order;

 7.8.2 Courier Delivery services not being readily available (if applicable); and/or 

 7.8.3 any other reason in PharmaGo’s sole discretion.

 7.9 Should you wish to retract your order, you should contact PharmaGo via telephone immediately, and  PharmaGo will use its reasonable endeavours to effect such retraction. You will not be able to retract your order via the App, or after an Acceptance Notice has been generated. You will not be able to change your order after placing it but may be able to retract it (subject to the above), and place a new one. 

 7.10 Placing Products in your shopping basket on the App without completing the purchase cycle does not constitute an order for Products, and as such, Products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold PharmaGo and/or the Pharmacy liable if such Products is not available or is not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.

 7.11 PharmaGo relies on information supplied to it by the Pharmacies relating to the Products, and PharmaGo accordingly bears no liability for any inaccuracies in such information supplied to it. You acknowledge that stock of all Products on offer may be limited. PharmaGo will take reasonable efforts to ensure that when Products are no longer available, offers thereof are discontinued on the App. However, we cannot guarantee the availability of Products. When Products are no longer available after you have placed an order, PharmaGo will notify you thereof and reject your order or cancel the Sale, in which event you will be entitled to a refund of the amount paid by you for such order.

 7.12 You also acknowledge that the pricing of Products may change at any time without notice to you, but no price change will affect any Products ordered in respect of which you have received an Acceptance Notice, except in the case of an obvious pricing error. In the event of an obvious pricing error, we may reject your order or cancel the Sale at any time and you will be entitled to a refund of the amount paid by you for such order. 

 7.13 Any dispute regarding inaccurate information relating to a Pharmacy or Products, Products pricing errors or sold-out Products should be resolved between you and the relevant Pharmacy; your respective rights and obligations being as set out in these Terms and Conditions.

 7.14 It is your responsibility to notify the relevant Pharmacy of any allergies, health conditions, and medical history and make the necessary arrangements with such Pharmacy to exclude any products and or medicines that may adversely affect your health. We cannot and do not guarantee that the Products will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Products.

 8 Minors, and authorised persons 

 8.1 By using the App you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the App only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then he/she agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions. 

 8.2 Pharmacies may not sell certain restricted items to you if you are under the age of 18 (regardless of any supervision by a parent or guardian). You may be requested to provide proof of your age before receiving any such products ordered via the App. The Courier Delivery or Self-collection of any restricted items products may be refused and you will be held liable for all charges relating to such order, should you fail to provide adequate proof that you are 18 years of age or older, or if you appear to be under the influence of drugs or alcohol at the time of delivery or collection of such products. 

 8.3 In respect of Orders including prescribed and or schedule medicines, you warrant that you are the authorized person to receive the prescribed medicine to which your order relates to. 

 9 Conclusion of Sales and availability of Products 

 9.1 For each order, you will be charged: 

 9.1.1  the total Products price by the relevant Pharmacy;

 9.1.2  where you have selected Courier Delivery, a Courier Delivery service fee by PharmaGo, alternatively a driver service fee by the Cloud Driver ; and 

 9.1.3 where you have ordered from certain Pharmacies as indicated on the App, a personal shopper fee by PharmaGo may be charged in addition to the Courier Delivery service fee, 

 9.2 where such charges are as reflected on the App at the time you place the order (together, the "order charges"). 

 9.3 If specifically requested by you, PharmaGo will provide you with a valid invoice for any fees charged by it or the Cloud Driver (as the case may be) in respect of the Courier Delivery. The invoice will be sent to you by email and will also reflect the price of the purchased Products as a line item. Please contact the relevant Pharmacy directly if you require a valid invoice in respect of the purchased Products. Contact details of the Pharmacy can be requested from PharmaGo’s national call centre. If any Pharmacy fails to provide you with the invoice within 5 business days after your request, you may notify us thereof and we will endeavour to obtain and provide you with the required invoice as soon as possible. 

 10 Payment

 10.1 PharmaGo will receive payment of all order charges and will pay the Products-related portion thereof to the relevant Pharmacy. We are authorised to receive payment for the Products on behalf of the Pharmacy and payment made by you to us for the full price of the Products will discharge your payment obligations to the Pharmacy.

 10.2 if a Cloud Driver is used pursuant to a Courier Deliver, PharmaGo will receive payment and will pay the delivery-related portion thereof to the relevant Cloud Driver. We are authorized to receive payment for the delivery of Products on behalf of the Cloud Driver and payment made by you to us for the price of the delivery will discharge your payment obligation to the Cloud Driver. 

 10.3 Payment for your order can be made in one of the following ways (only one payment method may be used to settle the amount due and not a combination of payment methods): 

 10.3.1  Credit Card Payment by credit card may only be made when an order is placed via the App. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by PharmaGo or under PharmaGo's control, and for which you acknowledge PharmaGo is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will PharmaGo store your credit card details (save for the last four digits for payment purposes). We are entitled to withhold processing the order until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges; and 

 10.3.2  Instant EFT: Where payment is made by EFT, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by PharmaGo or under PharmaGo's control, and for which you acknowledge PharmaGo is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will PharmaGo store your banking details. We are entitled to withhold processing the order until such time as the relevant information is received by us and authorisation is obtained by us for the transaction. If we do not receive authorisation, your order for the Products will be cancelled. You warrant that you are fully authorised to use the bank details supplied for purposes of paying the order charges. You also warrant that your bank account has sufficient available funds to cover all the order charges; 

 10.3.3 If you have a promotional coupon or discount ("Coupon") that you wish to use with your order, you may only do so via the App. Please see clause 12 for more information about Coupons. 

 10.4  The above payment options are explained in more detail in our FAQ section, which is incorporated by reference (which means that it is deemed to form part of these Terms and Conditions) 

 11 Return and Refunds Policy 

 11.1 For hygiene reasons, personal grooming items, audio sound equipment, cosmetics, pantyhose, jewellery for any body piercings, and prescribed & non-prescribed medication cannot be returned, except where defective. 

 11.2 The re-dispensing of a medicine which has been returned is prohibited. Pharmago, Delivery Partners and or registered Pharmacies will accordingly not accept the return of any medicine for credit or replacement 11.2.1 unless there is a defect in the medicine or its packaging at the time of supply, or if an incorrect medicine has been dispensed. 

 11.3 Should you wish to return items listed in clause 

 11.3.1 Direct an email to returns@pharmago.co.za, detailing all visible defects and or incorrect items delivered together with pictures of items received, your full name, contact detail and purchase invoice, within a period of 2 hours of order being delivered. 

 11.3.2 Any requests for returns shall be resolved between you and the relevant Pharmacy; your respective rights and obligations being as set out in these Terms and Conditions. 

 11.3.3 PharmaGo, its delivery partners and or registered pharmacies reserves its right to reject a return request should it deem that any medicines or other products were tampered with or not in its original packaging. 

 12 Delivery of Products   

 12.1 If you order Products for Courier Delivery by PharmaGo or its nominee (i.e. an independent contractor or Cloud Driver) (the "Courier"):

 12.1.1 you are required to indicate the physical address to which the Products should be delivered ("Delivery Address"); 

 12.1.2 you are not allowed to change the Delivery Address after submitting your order; and 

 12.1.3 you will only be allowed to order Products from Pharmacies within the prescribed range (as determined by PharmaGo) from your Delivery Address. 

 12.2 If you order Products for Self-collection: 
(i) you should indicate a physical address, in order for PharmaGo to provide you with a selection of Pharmacies in such area; and
 (ii) you will only be allowed to order Products from such Pharmacies. 

 12.3 Where you have requested the Products to be delivered to you by way of Courier Delivery and you have received an Acceptance Notice: 

 12.3.1  the Courier will endeavour to deliver the Products to you by the estimated delivery time specified in the Acceptance Notice, however, delivery times are not guaranteed and may be adjusted by us in our reasonable discretion. Events outside of the Courier’s control such as traffic, inclement weather conditions and delays by the Pharmacy in relation to your order may result in a delay of the delivery of the Products, but the Courier will continue with its efforts to deliver the Products to you as soon as possible in the circumstances; and 

 12.3.2 Our obligation to deliver the Products is fulfilled when the Courier delivers the Products to the Delivery Address. The Courier is only responsible for the delivery of the Products to the Delivery Address. If the Courier arrives at the Delivery Address and you fail to open the door or respond to its telephone calls within 10 minutes, the Courier may leave the premises, returning the products to the pharmacy for destruction, and you will remain liable for payment of all order charges.  
 12.3.3 If you are not able to be present at the Delivery Address to accept delivery of the Products, it is your responsibility to arrange for someone else to accept the delivery at such address. Neither PharmaGo nor the Pharmacy is responsible for any loss or unauthorised consumption of Products, after the Courier has delivered the Products to the Delivery Address.

12.4 Where you have ordered Products for Self-collection from the Pharmacy and you have received an Acceptance Notice: 12.4.1 you or your nominee should display a copy of the Acceptance Notice to the Pharmacy upon collection of the Products; and 

12.4.2  the Pharmacy is responsible for making the Products available for collection by you or your nominee at its premises, at the estimated collection time set out in the Acceptance Notice. If you or your nominee fails to collect the Products or respond to our or the Pharmacy’s telephone calls, within 60 minutes after the estimated collection time, the Pharmacy may dispose of the Products in any manner which it deems fit and you will remain liable for payment of the Products. Any dispute regarding the Pharmacy failing to make the Products available at the collection time or within 60 minutes thereafter, should be resolved between you and the relevant Pharmacy; your respective rights and obligations being as set out in these Terms and Conditions. 

 12.5 For more information about delivery, please see our FAQ section. 

 13 Errors

 13.1 We shall take all reasonable efforts to accurately reflect or inform you of the Products description, availability, purchase price and Courier Delivery service charges via the App. However, should there be any errors of whatsoever nature on the App (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid. 

 14 Complaints 

 14.1 We want you to be happy with your purchase. Please let us know by telephone or email as soon as possible if there is a problem with your Products quality and/or temperature, if you receive the wrong Products or if you receive Products which is not as described on the App. 

 14.2 Save where we determine in our sole discretion that the cause for the complaint was due to the fault of PharmaGo, we will communicate your complaint to the relevant Pharmacy, and thereafter the matter will need to be resolved by the parties to the Sale of Products, being you and the Pharmacy, and PharmaGo shall bear no liability in relation to such complaint. 

 15 Coupons 

 15.1 PharmaGo may from time to time make Coupons available for use on the App towards the purchase of Products. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. 

 15.2 Coupons are issued in PharmaGo's sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason.Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used. 

 15.3 Unless otherwise stated under the specific terms and conditions regulating the Coupon: 

 15.3.1 each Coupon can only be used once; 

 15.3.2 only one Coupon can be used per order; 

 15.3.3 only one Coupon can be used per person per promotion/campaign on the App; 

 15.3.4 a Coupon must be used at check-out – it cannot be used later on existing orders; 

 15.3.5 Coupons with a percentage discount offer may only be redeemed on purchases with a total cart value less than R2,000; and 

 15.3.6 the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. 

 15.3.7 Coupons cannot be used to buy other Coupons, and cannot be exchanged or refunded for cash or credit. However, if you use a Coupon and your order is rejected or your Sale is cancelled, your Coupon will be made available for use again. 

 15.4 PharmaGo is not responsible for any loss or unauthorised use of a Coupon. 

 16 Privacy Policy 

 16.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below. 

 16.2 Should you decide to register as a user via the App, we may require you to provide us with personal information which identifies you. This includes but is not limited to - 

 16.2.1 your name and surname; 

 16.2.2 your email address; 

 16.2.3 your physical address; 

 16.2.4 your identity number; 

 16.2.5 your mobile number; 

 16.2.6 your date of birth; 

 16.2.7 your gender, 

 16.2.8 Your medical aid details 

 16.2.9 Your medical history

 16.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information. 

 16.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise 
misrepresent your affiliation with anyone or anything. 

 16.5 Should you decide to register as a user via the App, we may require you to provide us with personal information which identifies you. This includes but is not limited to - 

 16.5.1  use your personal information for any purpose other than as set out below: 

 16.6  in relation to the ordering, sale and delivery of Products; 

 16.7  to contact you regarding current or new Products items or services or any other goods offered via the App (unless you have opted out from receiving marketing material from us); 

 16.8  to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates, partners and/or Pharmacies (unless you have opted out from receiving marketing material from us); and 16.9  to improve our product selection and your experience of our App by, for example, monitoring your browsing habits, or tracking your sales on the App; or 

 16.9.1  disclose your personal information to any third party other than as set out below: 

 16.9.2  to our employees, franchisees, third party service providers, Cloud Drivers and Pharmacies who assist us to interact with you via our App, email or any other method, for the ordering of Products or when delivering Products to you (i.e. Courier Delivery or Self-collection), and thus need to know your personal information in order to assist us to communicate with you properly and efficiently; 

 16.10 to our divisions, affiliates, partners and/or Pharmacies (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Products items or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us); 

 16.11  to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions; 

 16.12 to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit; and 

 16.13  to third party service providers and/or Pharmacies in order for them to liaise directly with you in the event of you submitting a complaint or claim regarding any order you have placed which requires their involvement. 

 16.14 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. PharmaGo undertakes never to sell or make your personal information available to any third party other than as provided for in this Privacy Policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, PharmaGo is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it. 

 16.15 We will ensure that all of our employees, affiliates, , third party service providers, Cloud Drivers, divisions, partners and Pharmacies (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to such information. 16.16 We will - 16.16.1  treat your personal information as strictly confidential, save where we are entitled to share it as set out in this 

Privacy Policy
 16.16.2  take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; 

 16.16.3  provide you with access to your personal information to view and/or update personal details; 

 16.16.4  promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information; 16.16.5  provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and 

 16.16.6  upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain. 

 16.17 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so or you consent to us retaining such information for a longer period. 

 16.18 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence. 

 16.19 If you disclose your personal information to a third party, such as an entity which operates a website linked to the App or anyone other than PharmaGo, PHARMAGO SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

 16.20 PharmaGo customers may opt-out of any direct marketing received from PharmaGo should he/she so elect, by notifying PharmaGo thereof in writing to rx@pharmago.co.za, alternatively, telephonically via PharmaGo Customer Careline on {Insert Telephone Number} or via the opt-out instructions in the various communication channels. Please note it may take up to one month for your profile to be updated. 

 16.21 Your privacy is very important to us. Our website makes use of ‘cookies’ which collect data about the device that you use to access our website. The cookies minimize the possibility of unauthorised access to, and disclosure of, your personal information. We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law. 

 16.22 Whilst all reasonable efforts are taken to ensure that your personal information and/or credit card details are protected as they travel over the internet, we cannot guarantee the absolute security of any information you exchange with us.

 16.23 You may visit the website without providing any personal information. The website servers will in such instances collect the IP address of your computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. PharmaGo uses this information to determine the use of the website, and to improve the content thereon. 16.24 The payment pages that PharmaGo will use are hosted in a PCI-DSS secure DMZ. It is protected as prescribed by the PCI-DSS standards version 2. 

 16.25 The transport of all data is encrypted by a SSL Thawte certificate which creates a secure https:// link between the cardholder and the payment pages. 

 16.26 Any credit card would be asked for 3D secure enrolment if not already enrolled with the issuer to process transactions with authentication from the cardholder issuing bank. 

 16.27 No card entry would be possible on the PharmaGo web shopping cart as all card traffic will be securely posted to the payment pages. 

 16.28 No credit card data will be stored. 

 16.29 No unauthorized access to the payment pages site will be permitted. Only PharmaGo as a known entity will be allowed to direct encrypted payloads to the Payment pages. 

 17 Changes to these Terms and Conditions 
 17.1 PharmaGo may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the App. 

 17.2 Any such change will only apply to your use of the App after the change is displayed in these Terms and Conditions. If you use the App or Telephone Service after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes. Electronic communications 

 17.3 When you use the App or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy as set out in Part B above. 

 18 Ownership and copyright 

 18.1 The contents of the App, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the App ("App Content") are protected by law, including but not limited to copyright and trade mark law. The App Content is the property of PharmaGo Ltd Incorporated in the Isle of Man, its advertisers and/or sponsors, and/or is licensed to Pharma Go (PTY) LTD.

18.2 By using this app, you will not acquire any right, title or interest in or to the App or the App Content. 

 18.3 Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised by an authorised PharmaGo representative or otherwise provided for in law. To obtain permissions for the commercial use of any App Content e-mail rx@pharmago.co.za 

 18.4 You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; 

 18.4.1 reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by PharmaGo 

 18.4.2 decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; 

 18.4.3 link to, mirror or frame any portion of the Services; 

 18.4.4 cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or

 18.4.5 attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 19 Disclaimer 

 19.1 The use of the App is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the App 

 19.2 Whilst PharmaGo takes reasonable measures to ensure that the content of the App is accurate and complete, PharmaGo makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the App, or as to the accuracy, completeness or reliability of any information on the App. If any such representations or warranties are made by PharmaGo’s representatives, PharmaGo shall not be bound thereby. 

 19.3 PharmaGo disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the App and/or any content therein, unless otherwise provided by law.
 
 19.4 Any views or statements made or expressed on the App are not necessarily the views of PharmaGo, its directors, employees and/or agents. 

 19.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions,  also makes no warranty or representation, whether express or implied, that the information or files available on the App are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of PharmaGo, its employees, agents or authorised representatives. PharmaGo thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the App. 

 20 Linked third party websites

 20.1 The App may contain links or references to other websites ("Third Party Websites") which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and PharmaGo is not responsible for the practices and/or privacy policies of those Third Party Websites or the "cookies" that those sites may use. 

 20.2 Notwithstanding the fact that the App may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

 21 Limitation of liability 

 21.1 PharmaGo cannot be held liable for any inaccurate information published on the App and/or any incorrect prices displayed on the App or communicated, save where such liability arises from the gross negligence or wilful misconduct of PharmaGo, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to legal@pharmago.co.za or by phone at {Insert Telephone Number} 

 21.2 PHARMAGO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE APP OR THE CONTENT CONTAINED IN THE APP; OR YOUR INABILITY TO USE THE APP, AND/OR UNLAWFUL ACTIVITY ON THE APP, AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION. SHOULD IT BE FOUND THAT PHARMAGO IS LIABLE TO YOU, SUCH LIABILITY SHALL BE LIMITED TO THE ORDER CHARGES RELATING TO YOUR PARTICULAR ORDER.

 21.3 YOU HEREBY INDEMNIFY PHARMAGO AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE APP AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION. 

 21.4 NOTWITHSTANDING THE INDEMNITIES GIVEN ABOVE, YOU HEREBY INDEMNIFY PharmaGo AGAINST ANY LOSS OR DAMAGES  OF WHATSOEVER NATURE SUFFERED IN RELATION TO, OR IN CONNECTION WITH, THE USE OF PHARMAGO SERVICES FOR YOUR MEDIRITE ORDER. YOU HEREBY ACKNOWLEDGE THAT PHARMAGO IS ONLY A DELIVERY SERVICE IN RESPECT OF YOUR PHARMACY ORDER.

 22 Availability and termination 

 22.1 We will use reasonable endeavours to maintain the availability of the App, except during scheduled maintenance periods, but are entitled at any time to discontinue providing the App or any part thereof with or without notice to you. 

 22.2 PharmaGo may in its sole discretion terminate, suspend and modify the App, with or without notice to you. You agree that PharmaGo will not be liable to you in the event that it chooses to suspend, modify or terminate the App, other than for processing any orders made by you prior to such time, to the extent possible.

 22.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Products, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the App, without any prejudice to any claims for damages or otherwise that we may have against you. 

 22.4 PharmaGo is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the App and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by PharmaGo to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the App), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and PharmaGo, in whole or in part, on notice to you. PharmaGo accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order. 

 22.5 At any time, you can choose to stop using the App, with or without notice to PharmaGo. 

 23 Force majeure events 

 23.1 As between you and PharmaGo, you and any Courier, Cloud Driver or any Pharmacy, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war. 

 24 Governing law and jurisdiction 

 24.1 These Terms and Conditions, the relationship between you and PharmaGo, any Pharmacy or any Courier, and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the App will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions. 

 24.2 In the event of any dispute arising between you and PharmaGo, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Pretoria) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court. 

 24.3 Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA. 

 25 Notices 

 25.1 PharmaGo hereby selects Corner of Main Reef and Crownwood Roads, Crown Mines, Johannesburg, Gauteng, 2096 (with a copy to legal@pharmago.co.za , which copy must be given in order for notice to be validly given) as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions ("legal address"). PharmaGo may change this address from time to time by updating these Terms and Conditions. 

 25.2 You hereby select the email address and any delivery address specified with your orders as your legal address, but you may change it by giving PharmaGo not less than 14 days’ notice in writing. 

 25.3 Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent-

 25.4  by hand will be deemed to have been received on the date of delivery; 

 25.5  by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and 

 25.6  by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. All em