Terms & Conditions

Last updated: April 10, 2024

Agreement to Terms

The following are terms and conditions that governs your purchase and use of the products and services (“the products”) from Qpharm.com and constitute a legally binding agreement , between you (“the customer” ,”the user”, or “the caregiver”) and Kulal International Limited T/A QPharm which is a licensed Pharmacy in Kenya. By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to https://qpharmpharmacy.com, you are deemed to have read, understood and agreed to be bound by all the Terms and Conditions of this agreement. If you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that this Agreement is a contract between you and Kulal International Limited T/A QPharm, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Privacy Policy

We respect your privacy and are committed to safeguarding it through compliance with our privacy policy. Please review our privacy policy posted on the site prior to making any purchases. This policy is incorporated in to the terms and conditions of use of the website and services.

Customer Eligibility Criteria

• Above 18 years of age.
• Competent to enter a contract under applicable laws.
• Registered mobile phone number.
• Above 18(eighteen) years of age
• Competent to enter a contract under the applicable laws
• Registered mobile phone number
• Acknowledge that we rely entirely on the information you provide. We therefore, shall NOT be held liable if you or anyone else uses your account to access services on the website while NOT eligible to do so.
• . You agree to comply with our terms and conditions of use of the website

Creating an Account

You must set up an account to use certain features of our site, providing personal information which will be managed as per our Privacy Policy.

Products

We strive to display our products accurately. However, the displayed specifications and prices may change.

Purchases and Payments

We accept various payment methods. All payments are to be made in Kenyan Shillings.

Shipping Policy

Orders are dispatched as quickly as possible. Review our shipping policy for more details.

Goods Return/Refund Policy

All sales are final and no refunds will be issued.

Prohibited Activities

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:

• (a) for any unlawful purpose;
• (b) to solicit others to perform or participate in any unlawful acts;
• (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• (f) to submit false or misleading information;
• (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;
• (h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
• (i) for any obscene or immoral purpose; or
• (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual Property Rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Kulal International Limited T/A QPharm or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Kulal International Limited T/A QPharm. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Kulal International Limited T/A QPharm or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Kulal International Limited T/A QPharm or third party trademarks.

Disclaimer of Warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Website Availability

All reasonable care will be taken to make sure that the site is available for twenty four hours every day and throughout the year. However, the website may be unavailable temporarily due to maintenance on the server or due to other technical issues beyond our control. We therefore, do not warrant uninterrupted access to the website or any linked website/App. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our website/App.

Links to third party Website/Apps

We may provide links to third party wedsites/Apps, our online payment partners who will process your payments. We are not responsible for the availability or proper functioning of such linked pages or sites. We shall not be held responsible for any loss or inconvenience encountered while using such website/App link.

Cookies policy

Our website and services uses “Cookies” in order to help personalize your experience. You have the ability to accept or decline cookies. Most web web browsers automatically accept cookies by default, but you can modify your browser to decline cookies. If you choose to decline cookies, you will not be able to use and experience the features of the website and services. Please review our cookies policy posted on the website prior to using the website and services. This policy is incorporated in to the terms and conditions of use of the website and services.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Kulal International Limited T/A QPharm, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Kulal International Limited T/A QPharm and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Kulal International Limited T/A QPharm for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Kulal International Limited T/A QPharm and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Kenya without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Kenya. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Kenya, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contact Us

If you have questions or complaints about our privacy policy, please contact us at sales@kulal-international.com.