Agreement to Deal Electronically; Electronic Communications and Notices

By clicking "Submit" on any step of a transaction on Gulf Pharmacy App/ Online Website, you agree to conduct such transaction by electronic means. You understand that by clicking the box titled "I agree to the Terms & Conditions", you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. You agree to enter the requested information electronically via the Internet and to be notified regarding any transaction electronically through the email address you have provided. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures.

Except as otherwise provided in these Terms, we will give you any notices regarding Gulf Pharmacy App/ Online Website by posting them on Gulf Pharmacy App/ Online Website. To fulfill our obligations to you under these Terms, we may wish to communicate with you by email and/or by posting notices on Gulf Pharmacy App/ Online Website. You agree to receive communications from us electronically and those electronic communications will satisfy any legal requirement for communications that need to be in writing.

Use of Gulf Pharmacy App/ Online Website

The Company tries to keep all information on Gulf Pharmacy App/ Online Website up to date, but it may not be correct all of the time. You should independently check the information you use is correct. You agree that you use Gulf Pharmacy App/ Online Website at your own risk. If you find any incorrect information, you can notify the Company by calling or emailing the details specified in the Contact section below.

You must not conduct or promote any illegal activities while using Gulf Pharmacy App/ Online Website. This includes any activities that (in Company's opinion) breach copyright, infringe on privacy, or infringe any other third-party rights, as well as activities that are defamatory to third persons. To do so may lead to prosecution.

All content on Gulf Pharmacy App/ Online Website is for general information purposes, it is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from, any action on the basis of the content on Gulf Pharmacy App/ Online Website.

You must not use Gulf Pharmacy App/ Online Website to generate unsolicited emails, spam, or promotional materials for other users. You must not do anything to cause damage to Gulf Pharmacy App/ Online Website or other users of the Gulf Pharmacy App/ Online Website, including any technical damage to other computers. You must not send any viruses or other material designed to adversely affect the operation of Gulf Pharmacy App/ Online Website, affect any other users of the Gulf Pharmacy App/ Online Website, or affect any equipment or any data on Gulf Pharmacy App/ Online Website. You must not attempt to gain access to Gulf Pharmacy App/ Online Website or the system that runs Gulf Pharmacy App/ Online Website. You must not interfere with the security of the Gulf Pharmacy App/ Online Website, its services, system resources, or network. You must not use Gulf Pharmacy App/ Online Website in any manner that could damage, overburden or impair Gulf Pharmacy App/ Online Website or harvest or otherwise collect any information about other users. You must not change, edit, add to, or produce summaries of its content anywhere else. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer, or database connected to our site. You must not attack our site via a denial- of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities, and we will co- operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Please note that it is illegal to provide false information or fraudulently obtained information regarding the credit/debit card without the consent of the cardholder. Any party engaged in illegal activities involving the use of Gulf Pharmacy App/ Online Website may be subject to prosecution. The Company does not guarantee that the Company will be able to prevent any illegal or inappropriate use of Gulf Pharmacy App/ Online Website or will give notice of any illegal or inappropriate use of Gulf Pharmacy App/ Online Website.

You are responsible for configuring your information technology, computer programs, and platform in order to access our site. You should use your own virus protection software.

Prescription Only Medicines ("Pom")

• The following special terms apply to your use of Gulf Pharmacy App/ E-platforms POM ordering service. These are additional to and supplement our standard terms which also apply.
• If you have any questions concerning the service, please contact us at 04-5014162 in the UAE.
• We only accept POM orders from and dispatch POM orders to addresses in the Emirate of Dubai.
• You can place a POM order by uploading an electronic copy of the original prescription from a UAE licensed physician on Gulf Pharmacy App/ E-Platforms. You will agree to provide the original prescription to us at time of delivery. Should the original prescription not be available at the time of delivery, we retain the right to refuse delivery of the order and cancel the same. Orders that are cancelled, either by you or by us under these Terms, will be refunded to the extent of the purchase price of the POM.
• When you place an order for a POM, the Company collects certain personal and transactional information (e.g. name, address, email address). The use of your information is detailed in the Privacy Policy.
• Once a POM order has been placed, the transaction is processed by our registered pharmacists holding a license from Dubai Health Authority.

We may not accept your POM order in a variety of situations, including:

1. If the written prescription is not from a UAE licensed physician and is dated prior to 3 days in case of acute illness and 7 days in case of chronic illness;
2. If we are unable to check the patient's identity;
3. If the item is out of stock;
4. If the handwriting on the prescription is not legible;
5. If we find a pricing error;
6. If we are not provided with the original prescription at the time of delivery; or
7. For any other reason (at our sole discretion) including but not limited to if we consider the prescription has been tampered with.

• When you place a POM order you will upload copies of your medical insurance card and your Emirates ID. You will provide us with any further information we may require regarding your medical insurance.
• We will not make changes or alter anything in the medical prescription, except after consulting the UAE licensed physician who issued the prescription. We may change the POM and substitute a similar one containing the same active ingredients, after discussing with the UAE licensed physician who issued the prescription and after informing you.
• If we accept your POM order, we will send an SMS message to your registered mobile telephone number. If any amounts are payable by you the SMS will advise you of the amount due. Our Gulf Pharmacy Loyalty program points do not apply to payment of POM.
• If your medical insurance covers the payment of the cost of the POM we will submit a claim for payment by your medical insurers using the insurance details you provide to us.
• If your medical insurer does not cover the cost of (all or any) of the POM or does not accept our claim for payment, you will be responsible for payment. We will inform you of amounts due in payment for the POM when we confirm acceptance of your order. You must indicate your agreement to payment by clicking acceptance in response to our confirmation. If you do not agree to pay, then your order will be deemed void and we will have no responsibility to fulfill your order.
• Amounts due by you must be paid only on delivery by us either in cash or by debit card or credit card (where such payment methods are available).
• We only deliver to addresses within the Emirate of Dubai. We target to make deliveries on the same day of the order except where the order was placed after 8:00 PM GMT+4. Where the order is placed after 8:00 PM GMT+4, we target that delivery will be made on the following day. While Company makes efforts to dispatch orders on time, the indicated delivery times are targets only and to the extent permitted by law will not be liable in any way whatsoever for any delay in making delivery. Gulf Pharmacy App/ E-Platforms are not intended for use for urgent or emergency supply of POM and you should not use Gulf Pharmacy App/ E-Platforms in urgent situations or emergency.
• Delivery will require a doorstep signature by the person to whom the prescription is issued ("Patient"), or a pre-authorized individual (e.g. the Patient's parent or guardian) ("Carer") and collection by us of the original prescription. Delivery of POM will be made only to the Patient or the Patient's Carer. The Carer must be specified in advance when placing the order and authorization granted to accept and sign for the delivery. If the above criteria are not met or if there is no one at the delivery address, then we will not deliver the POM at the delivery address. Instead, the Company will contact you to arrange an alternative delivery time. We cannot be held responsible if this results in a delay in delivery of your order. Further, it is your responsibility to keep track of the status of your order.
• We will only deliver the POM if you or your Carer (as applicable) pays any amounts due under these Terms at the time of delivery.
• You must check all items dispensed to you and should not take any medication that appears to have been tampered with or which may have been dispensed in error. You are responsible to confirm that the POMs received are correct (including but not limited to the correct drug, correct dosage, correct form) and will be taken in the correct manner as prescribed by your UAE licensed physician. Failure to abide by this obligation could seriously damage your health. To the extent permitted by law, the Company is not liable in any way whatsoever for your use of POM properly supplied by us.
• We will confirm completion of delivery with you or your Carer via email, by phone or other appropriate means.
• Returns and refunds will be made in accordance with our standard terms, excepting that you must notify us of receipt of a damaged/defective POM Product(s) within maximum 48 hours of delivery of the Product.

Change and Cessation of Operations

The Company reserves the right to change or correct any errors or omissions on Gulf Pharmacy App/ Online Website and to alter, limit or discontinue the provision of any of the services provided via Gulf Pharmacy App/ Online Website, at any time without prior notice to you. The Company will use reasonable efforts to include up-to-date and accurate information on Gulf Pharmacy App/ Online Website, but it reserves the right to delete, modify or supplement the content available on Gulf Pharmacy App/ Online Website at any time for any reason without prior notification.

Third-Party Links and Advertisements

Gulf Pharmacy App/ Online Website may contain links to other websites. The Company makes no representations or warranties as to the content, privacy practices, and other practices of any websites operated by a third party and the Company does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third-party websites you visit to understand their procedures.

If you use any material or visit any linked website, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive material. The Company does not endorse and is not responsible for the use of or the content of any third-party websites. The Company is not responsible for anything that may happen when you use them.

Intellectual Property

Gulf Pharmacy App/ Online Website' content is protected by copyright, trademark, and other intellectual property rights. The Company or its affiliates or its licensors, retain all rights to such content. You are only permitted to access and use Gulf Pharmacy App/ Online Website for personal purposes. You may not use Gulf Pharmacy App/ Online Website or any of its content to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content or software contained within the Gulf Pharmacy App/ Online Website.

The Company is not responsible for any error or inaccuracy in any advertising or sponsorship material available on Gulf Pharmacy App/ Online Website.

User Conduct and User-Generated Content

You agree to comply with all legal requirements of the jurisdiction in which you are located with regard to your use of Gulf Pharmacy App/ Online Website and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same. Gulf Pharmacy App/ Online Website may at times provide opportunities for users to post reviews and other comments, questions, suggestions, or other information ("User-Generated Content"). You warrant that any such User Generated Content submitted by you on Gulf Pharmacy App/ Online Website is original (and does not infringe the copyright of others), and you hereby grant the Company a perpetual, irrevocable, non- exclusive, royalty-free license to use such User Generated Content so submitted, without any further recourse to you and you hereby waive any moral rights in such User Generated Content. You agree that this license authorizes us to publish your User Generated Content and identify you as the source of that content by using the name or username that you use to submit the content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, infringes the copyright, or that may otherwise breach common decency or be contrary to law. The Company has the right, but not the obligation, to monitor and edit or remove any activity or User-Generated Content and takes no responsibility and assumes no liability for any User-Generated Content posted by you or any third party.

Disclaimer of Warranty

Gulf Pharmacy App/ Online Website and its content are provided on an "as is" and "as available “basis. The Company, its parents, subsidiaries, affiliates, and their respective suppliers and any of their owners, officers, directors, managers, members, agents, and employees expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title and non- infringement of proprietary rights.

Limitation of Liability

To the maximum extent permissible by applicable law, the Company, its parents, subsidiaries, affiliates, and their respective suppliers and any of their owners, officers, directors, managers, members, agents, and employees:

Are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of or in a way connected with your use of Products or the use or inability to use Gulf Pharmacy App/ Online Website and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory and whether or not the company is advised of the possibility of such damages; and Are excluded from any and all liability for damages caused by any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on Gulf Pharmacy App/ Online Website or a combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from use of Gulf Pharmacy App/ Online Website.

Where it is not possible to exclude liability under applicable law, you agree that Company's maximum liability for any corresponding claim shall be limited to the amount paid for the Prescribed Products in question.

Indemnity

You agree to hold harmless and indemnify the Company, its parents, subsidiaries, affiliates, and their respective suppliers and any of their owners, officers, directors, managers, members, agents, and employees from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and legal fees or other costs or expenses of any kind or nature arising from or in any way related to your use of Gulf Pharmacy App/ Online Website, including, but not limited to those brought by you or on your behalf in excess of the liability described above or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party or your use of the Gulf Pharmacy App/ Online Website.

Relationship

These Terms (as amended from time to time in accordance with its terms) and Privacy Policy sets out the entire understanding and agreement between you and the Company with respect to the use of Gulf Pharmacy App/ Online Website.

Termination

The Company may terminate or suspend your access to all or part of Gulf Pharmacy App/ Online Website without prior notice if it believes that your conduct is in violation of these Terms, applicable law, or otherwise harmful to the interests of the Company or any third party. Notwithstanding, such termination or suspension, you agree that you will continue to be subject to the obligations that, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights and User Generated Content.

General

Relationship:

None of the provisions of these Terms will be deemed to constitute a partnership or agency between you and Company and you will have no authority to bind the Company in any manner whatsoever.

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable and can be deleted such provision without altering the essence of these Terms, the invalid, illegal, or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.

No Waiver:
Any failure by the Company to enforce any terms set out in these Terms or other policies with you is not a waiver of the Company's rights to enforce those terms.

Governing Law and Jurisdiction

The Terms shall be governed by the laws of Dubai, United Arab Emirates. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts in Dubai.

Gulf Pharmacy LLC, bearing commercial license No. 204613 has a registered office at Gulf Drug Tower, 2 nd Street, Al Barsha 1, Dubai, P.O. Box: 3264. You can contact us regarding the Services or these Terms on info@gulfpharmacy.com and Customer Service number +971-45014162.