Terms and Condition

Last updated: February 2024

Acceptance of the Terms

Please read these Terms of Service (“Terms”) carefully before using the https://www.smartpharm.net website, operated by Smartpharm Technology (“we” “Smartpharm,” “us,”  or “our”), or the online services we provide (this website and those online services, including all underlying technology, together, the “Service”). These Terms govern your access to and use of the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree (“you”) that you have read and understand these Terms and Conditions. If you disagree with any part of the Terms or conditions, then you do not have permission to access or use the Service.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service or otherwise communicated to you.

Privacy Notice

We may collect certain information about you from your access to and use of the Service as described in our Privacy Notice, which is incorporated into these Terms and describes our information collection, use, and sharing practices.

Use of Website

Smartpharm.net services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We give you a non – transferable and revocable license to use the website, under the Terms and Conditions described herein for the purposes of our services provided via our website. Any breach of these terms and conditions shall immediately revoke the license granted to use the website without notice to you. You may be required to register or subscribe to some services and features on the website, you agree to provide accurate and current information about yourself, and promptly update same if there are any changes.

You will be required to set up an online Smartpharm account to use certain features of the Service. When you create an account with us, you will be required to submit certain information and will be required to establish a username and password, and you warrant that you are above the age of 18.

Smartpharm reserves the right to temporarily block your account for warning on multiple successive cancelled/uncompleted requests done in 24 hours. After multiple such warnings, we may suspend your account for longer period (e.g: 3 months). After that period you could ask to reactivate your account and your application will be reviewed.

Account Registration

You are the only person authorized to use any account you create with Smartpharm and are entirely responsible for all activities that occur under your membership account. You are responsible for maintaining the confidentiality of any account name you create as well as any password associated with such account. You agree to immediately notify us of any suspected or actual unauthorized use of your account and/or password.

By providing your contact information such as phone number and email address, you agree to receive information including but not limited to the availability of items in your order, the status of your order, promotions, and other information that Smartpharm may deem fit to send to you. You may at any point request us to discontinue sending you such information.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

If Smartpharm believes that there is likely to be a breach of security or misuse of the Smartpharm website, we may require you to change your password or we may suspend your account.

Within reason, Smartpharm may suspend or cancel your account for a variety of reasons including but not limited to breach of your obligations under these Terms and Conditions.

Smartpharm shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms and Conditions.

No Warranty

The Service is provided “as is,” “as available,” and without any warranty of any kind. Neither Smartpharm nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Service. Smartpharm makes commercially reasonable efforts to ensure that all material, data, and other information on the Service is accurate and reliable, but neither accuracy nor reliability can be guaranteed. Smartpharm does not warrant or guarantee the quality, completeness, timeliness, or availability of the Service. Smartpharm does not warrant or guarantee that the Service will be uninterrupted or error-free, that any defects in the Service will be corrected, or that the Service or the servers that make the Service available are free of viruses or other harmful conditions or components. Smartpharm is not responsible for any typographical errors on the Service.

Intellectual Property Rights

You acknowledge and agree that we together with our licensors own and control all the copyrights and other intellectual property rights in our website, including all source code, databases, software, website designs, audio, video, text, photographs and graphics in the website (collectively called “content”) as well as the trademarks, service marks and logos herein contained (collectively called ” marks”). Our content and marks are reserved and protected by copyright and trademark laws in Nigeria. We do not give any permission for the use of our intellectual property rights and trademarks as such may constitute an infringement of our rights. Registered and unregistered trademarks on our website belonging to third parties are the property of their respective owners and we do not grant any license to use such rights.

Indemnity

You agree to indemnify, defend and hold Smartpharm.net, their respective representatives, founders, directors, officers, agents, vendors, suppliers, subsidiaries, partners, service providers, subcontractors, interns and employees harmless from any claim, demand, or damage, including reasonable attorney’s fee, asserted by any third party due to or arising out of your use of or conduct on the service.

Acceptable Use

You shall not use the website for any purpose other than that for which the site is made available. This website may not be used in connection with any commercial endeavours except those we specifically approve. As a user of this website, you agree not to:

• Use the website in a manner inconsistent with any applicable laws or regulations.
• Violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious codes or other material that interferes with any party’s uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
• Delete the copyright or other proprietary rights notice from any Content.
• Make any unauthorized use of the website, such as collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Circumvent, disable, or interfere in any manner whatsoever with security-related features of the website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the website and/or the Content contained therein.
• Engage in unauthorized framing of or linking to the Services.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
• Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Upload or transmit any illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable content.
• Attempt to impersonate another user or person or use the username of another user.
• Use any information obtained from the website in order to harass, abuse, defame, threaten, intimidate, stalk, or harm another person.
• Hinder or interfere with other individual’s use of the website.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or using or launching any unauthorized script or other software.
• Change or tamper with any Content, information, or materials on or associated with the website.
• Use software, including spyware designed to collect data from the Site.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
• Copy or adapt the websites’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tool.

Third Party Website

The site may contain (or you may be sent from the site) links to other websites maintained by third parties (third party website) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Third party websites are provided to you solely for the purpose of convenience, the inclusion of third party websites does not imply endorsement by Smartpharm of the third party website and third party content. Third party websites are not under the control of Smartpharm. When you leave the Smartpharm website to access third party websites, you do so solely at your own risk. You agree and acknowledge that we do not endorse the products and services offered on third party websites and you shall hold us blameless for any harm caused by your purchase of such products or services, and for any loses you sustain or harm caused to you relating to or resulting in any way whatsoever from any third party content or any contact with third party website.

Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, terminate your access to the Smartpharm website for any reason including without limitation for breach of any representation, warranty or covenant contained in these legal terms or of any applicable law. We may at our sole discretion, terminate your use or participation in the services or delete your account and any information that you posted at any time, without warning. In the event that your account is terminated or suspended for any reason, you shall not register or create a new account under your name, a fake or borrowed name. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

Modifications and Interruptions

Smartpharm  reserves the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Applicable Law

These Terms and Conditions shall be governed, construed and enforced in accordance with the laws of the Federal Republic of Nigeria.

Order, Acceptance and Cancellation

Smartpharm shall at its own discretion determine which orders to accept and process. Smartpharm also reserves the right to cancel any order at its own discretion. In the event of cancellation of any order, Smartpharm will ensure that such cancellation is communicated in an appropriate time and manner.

Delivery Windows

When you make an order, we expect to deliver your order to you within 24-48 hours. In the event that there is a delay, you will be notified as much in advance as possible.

You are also expected to pick up your item(s) for walk-in purchases before the closure time of the partner pharmacy.

Access to Delivery Location

You shall notify us in advance if access to your location is limited as a result of flooding, dilapidated road, civil unrest or any other encumbrances; then you will be required to meet the courier (delivery person) at a convenient and more accessible location. Failure to notify us in advance of any such issues may result in a delay and/or rescheduling of your order.

Pick Up Time Frame

To enable our 3rd party couriers (delivery persons) to effect deliveries timeously, they are mandated to wait for a maximum of 10 minutes for each customer to receive their orders from them. In the event that a customer is either unresponsive or fails to show up after 10 minutes of being contacted, the courier (delivery person) will leave the address. A customer’s order may be rescheduled at an additional cost if the customer is unreachable at the point of delivery.

Return Policy

Smartpharm partners with individual pharmacy businesses and we generally adhere to their return policy but not withstanding, in our strive to satisfy our customers, we mediate return of products bought based on certain conditions:

1. Products are returned to the courier (delivery person) after inspection at the point of delivery. Items must be unused and in the same condition with their original packaging and seal intact where applicable. All return requests must be made after inspection and items returned to the courier (delivery person) at the point of delivery.
2. Items are returned only if:
   • Item(s) received is/are expired
   • Item(s) received is/are different from item(s) ordered
   • Damaged packaging(damage on transit will be incurred by courier).
   • Item received with missing parts
3. Once customers have taken delivery of their order and signed confirming this, they take ownership of the items and Smartpharm will not accept any returns. We therefore urge customers to carefully check and confirm the accuracy of their order with the courier (delivery person) before acknowledging receipt by signing.
4. For walkin-purchase, conditions for return also applies and these conditions are the only grounds to return an item. Customers are encouraged to inspect their items/products before leaving the pharmacy premises.

Refund

Upon acceptance of the return of an item, we will facilitate the refund the purchase price only within 48-72 hours. If you order but do not receive an item within 48 hours, we will refund the purchase and delivery price within 48 hours of notification but this is largely dependent on the response rate of the partner pharmacy.

Rejected Return And Refund Requests

Return requests for any item not returned to the courier (delivery person) after inspection at the point of delivery/pickup for walk-in purchase shall not be approved by Smartpharm; customers shall not receive any refund of the purchase price or delivery fee.

No Exchange

We do not offer exchanges. A customer who desires a different item will return the undesired item to the courier (delivery person) at the point of delivery and place a new order.

FURTHER INFORMATION

For further information please contact us through any of the following:

Telephone: +234 808 380 8056

Inquiries: info@smartpharm.net