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TERMS AND CONDITIONS

Last Updated 29 April  2021

1.   Agreement to Terms   

1.1  These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), Town Pharmacy, located at E-1-1, Main Saidpur Road, Rawalpindi, Punjab, Punjab 46000 Pakistan (we, us), concerning your access to and use of the Town Pharmacy (https://townpharmacy.pk) website as well as any related applications (the Site).
The Site provides the following services: (Online Shopping Platform). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

2. Conditions of use:
You should be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to TownPharmacy.pk that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by TownPharmacy.pk in this regard. As part of the registration process, TownPharmacy.pk may collect the following personal information from you:

Name;
User ID;
Email address;
Address (including country and ZIP/ postal code);
Gender;
Age;
Phone number;
Password chosen by the User;
Valid financial account information; and Other details as you may volunteer.

3. Information of use and confidential:
3.1 All the information shared by customers will keep it in our secured database and will allow us to use the data in any mean.
3.2 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
3.3 If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at [email protected]
3.4 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

4. Authorization Policy:
TownPharmacy.pk authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website are the property of “TownPharmacy.pk” and are protected under copyright, trademark and other laws. User shall not modify the TownPharmacy.pk Content or reproduce, display, publicly perform, distribute, or otherwise use the TownPharmacy.pk Content in any way for any public or commercial purpose or for personal gain.

5. Terms for Users:

User are also prohibited from violating or attempting to violate the integrity or security of the Website or any TownPharmacy.pk Content.
Intentionally submitting on the Website any incomplete, false or inaccurate information the user will be removed and blocked from the website.
Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website. The admin of website will file case against the component.
Copying or duplicating in any manner of TownPharmacy.pk Content or other information available from the Website;
Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

6. Use of Service and Website:

6.1 E-Commerce Platform for Pharmaceutical Products
Through the Website, TownPharmacy.pk facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Pharmacies (“Pharmaceutical Goods and Services”). You understand and agree that TownPharmacy.pk and the Website merely provide hosting services to you and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party products. TownPharmacy.pk has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not – originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third Party Pharmacies through the Website shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that TownPharmacy.pk shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
6.2 You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.
6.3 The commercial / contractual terms include without limitation – price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services. TownPharmacy.pk does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between you and the Third Party Pharmacies.
6.4 TownPharmacy.pk does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with TownPharmacy.pk nor shall TownPharmacy.pk have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.
6.5 You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.

7. Exhibition of drugs and publication of Third Party Pharmacies content on the Website:

7.1 You agree and acknowledge that the respective Third Party Pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.
7.2 he Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
7.3 You acknowledge and agree that such Third Party Pharmacies shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that TownPharmacy.pk provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and you must run your own independent check. You agree and acknowledge that TownPharmacy.pk has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third Party Pharmacies on the Website.

8. Prescription Drugs:
The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email the same to TownPharmacy.pk. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by TownPharmacy.pk until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by you and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by you, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery. TownPharmacy.pk shall maintain a record of all the prescriptions uploaded by the Users.

9. Substitution of Prescribed Drugs:
9.1. You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
9.2. You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.

10.Acceptable Use
10.1  You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
10.2  As a user of this Site, you agree not to:

● Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
● Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
● Use a buying agent or purchasing agent to make purchases on the Site
● Use the Site to advertise or sell goods and services
● Engage in unauthorized framing of or linking to the Site
● Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
● 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
● 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 tools
● Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
● Attempt to impersonate another user or person, or use the username of another user
● Sell or otherwise transfer your profile
● Use any information obtained from the Site in order to harass, abuse, or harm another person
● Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
● Attempt to access any portions of the Site that you are restricted from accessing
● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
● Delete the copyright or other proprietary rights notice from any of the content
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
● Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
● Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
● Use the Site in a manner inconsistent with any applicable laws or regulations
● Threaten users with negative feedback or offering services solely to give positive feedback to users
● Misrepresent experience, skills, or information about a User
● Advertise products or services not intended by us
● Falsely imply a relationship with us or another company with whom you do not have a relationship

11.    Site Management    

11.1  We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
11.2  We do not guarantee that the Site will be secure or free from bugs or viruses.
11.3  You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

12.    Modifications to and availability of the Site    

12.1  We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
12.2  We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
12.3  There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

13.    Disclaimer/Limitation of Liability    

The text and information contained at this site, and any reference to resource material is not intended for the diagnosis, treatment, cure or prevention of any disease. The information contained on the website, or obtained as a consequence of using this service is provided by TownPharmacy.pk in good faith and is not intended as a substitute for any sort of professional medical or pharmaceutical advise whatsoever. All users should always seek the advice of their physician, pharmacist, or other qualified healthcare professional before commencing any new treatment for any condition, disease or maladie.
This service or anything contained in it is not intended to be nor should it be used for the diagnosis or treatment of any medical condition any user may have.

13.1 TownPharmacy.pk and its directors, officers, employees and representatives take absolutely no responsibility for any product, content, information, good or service that is provided by the website. TownPharmacy.pk accepts no liability of any kind whatsoever with regard to any arrangements involving the direct provision of services by third parties
13.2 TownPharmacy.pk shall, under no circumstances, be held responsible for the therapeutic claims made in relation to advertised products. TownPharmacy.pk, in good faith, reproduces information regarding therapeutic claims and mode of action of the advertised medications is based entirely on the information provided by the manufacturers and suppliers of any products provided by TownPharmacy.pk. If in doubt, the intending user(s) should always consult their healthcare professional for guidance.
13.3 TownPharmacy.pk will not be liable to the customer or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to the customer, or on behalf of the customer, through the website.The client and TownPharmacy.pk, both acknowledge the “Limitation of Liability.”
13.4 A prescription is mandatory for all Narcotics and Controlled substances (includes all prescription medicines) as defined by the Ministry of Health. Shipment of the order will not be carried out until we receive a prescription from a medical practitioner via fax, email or facsimile.

TownPharmacy.pk, its agents, officers and employees:

a. Make no representations, express or implied, as to the accuracy, quality and completeness of the information and data contained on this website. All information/data represented on this website is provided by the manufacturers/suppliers of the product it relates to.
c. Make no representations, express or implied, as to the suitability or usefulness of the said information and data for any particular purpose.
d. Make no warranties that this Website, the information and data and the hosting servers are completely free of infection by computer viruses or any other software that may result in the compromise of computer systems.
e. Do not sponsor, endorse or necessarily approve of any material on any websites linked from or to this website.
f. Do not make any warranties or representations regarding merchantability or fitness of any material on this website.
g. Accept no liability for direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of accessing or using this Website or any use of the information and data or reliance placed on them.

14. Payment, Fees and Taxes:
Registration on the Website and the access to the information provided on the Website is free. TownPharmacy.pk does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the respective Third Party Pharmacies for purchase of Pharmaceutical Goods and Services from such Third Party Pharmacies. The Third Party Pharmacies may choose to either personally collect such payment from you or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that you shall not hold TownPharmacy.pk responsible for any loss or damage caused to you during the process, due to any acts or omission on the part of third parties viz. the Third Party Pharmacies or the collection agents or for any actions/ omissions which are beyond the control of TownPharmacy.pk
In relation to the diagnostic services being availed from the Website, Third Party Labs agree to pay all package fees, consulting fees and other fees applicable to the Third Party Labs use of such Services and the Third Party Labs shall not circumvent the fee structure. The fee is dependent on the package that the Third Party Labs purchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments directly to the respective Third Party Labs for use of the diagnostic Services from the Website. You agree and acknowledge that You shall not hold TownPharmacy.pk responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third Party Labs’ any actions/ omissions which are beyond the control of TownPharmacy.pk.
Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. TownPharmacy.pk is in no way responsible for any of the taxes except for its own income tax.
The subscription fees for the Services, if any charged by TownPharmacy.pk, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. Which is specific to online payment in to bank account given by the administration of TownPharmacy.pk. TownPharmacy.pk is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of TownPharmacy.pk. The fees could also be paid offline and be either collected personally from the User/ Third Party Service Providers or required to be mailed to TownPharmacy.pk at the following address: Al fiza glass tower gulshan e Iqbal block 10 near lizania restaurant.. All fees are exclusive of applicable taxes.
TownPharmacy.pk reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
In order to process the payments, TownPharmacy.pk might require details of User’s/ Third Party Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how TownPharmacy.pk uses the confidential information provided by Users.

15.    Term and Termination
15.1  These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at [email protected]
15.2  Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
15.3  If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. 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.

16.     Mobile Application
16.1  If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
16.2  For business users only – You will not:
(a) reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions”;
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
(c) breach any applicable laws, rules or regulations in connection with your access or use of the application;
(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us or the licensors of the application;
(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

16.3  The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

17.    General      

17.1  Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
17.2  These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
17.3  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
17.4  We may assign any or all of our rights and obligations to others at any time.
17.5  We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
17.6  If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
17.7  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
17.10  Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
17.11  In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at [email protected] or by post to:

Town Pharmacy
E-1-1, Main Saidpur Road,
Rawalpindi, Punjab,  Punjab 46000
Pakistan   

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