Welcome to ("Medicart Limited") application ("pharmacy", "App", or "We").This Website/App ("medicart.co.ke") is owned and operated by us ("Medicart Limited"), whose registered office is in Kenya. The following are the Terms and Conditions, read together with the Private Policy, that govern your purchase and use of the product and services (the "Products") from application, and constitute a legally binding agreement, between you ("the Customer", the "User" or the "Caregiver") and us ("Medicart Limited"). By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to ("Medicart Limited") application, you are deemed to have agreed to all the following Terms and Conditions of Sales/Service. So, before you use this Website/App ("Medicart.co.ke"), please read this Terms carefully as you agree to be bound by them. If you do not accept these Terms and Conditions, please do not use this Website/App ("Medicart.co.ke").
1.1 To use certain features of the Website/App (e.g., ordering Products, posting rating/reviews, receiving our
enewsletters), you must set up an account with us("application Account") and provide certain information
about yourself as prompted by the Customer Information form, including, your name, gender, email
address, account password, mobile phone number and billing/shipping address. All of your registration
1.2 You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.
1.3 Your Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Account.
1.4 We will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your account, you shall immediately notify to us.
1.5 It is your responsibility to keep your email address up-to- date on your account setup at application so that we can communicate with you electronically.
understand our practices, as to how we collect, use and disclose your personally identifiable information,
2.2 We understand the privacy of all information you provide is of a primary importance. This is why we do everything possible to use it carefully and sensibly. This information is never shared with other companies or third party service providers.
All your transactions are secure when you place an order online at application. Your personal information is secured before being sent over the Internet, which ensures the privacy and high level of security of all your information.
Our Customers or Users must be over 13 years of age and registered with us. Application is not intended for children under the age of 13. We will not knowingly collect information from application visitors in this age group.
5.1 All our product prices include all applicable statutory taxes.
5.2 We make every effort to make sure that the pricing and availability of Products on our Website/App is accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale.
5.3 We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
5.4 Shipping charges are applicable based on the value of orders. Orders will be delivered within 4 working hours
5.5 Monday to Saturday, our open timings are from 8am to 8pm.Orders placed after 4pm may be delivered the following day.
5.6 Mode of payment to include:
Cash on Delivery
Medical Insurance Provider
6.1 The information provided on the Website/App or through our services is intended for informational
purposes only, and is not intended to diagnose, treat, cure or prevent any disease.
6.2 The information on this Website/App is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of your physician or other qualified healthcare professional with any questions you may have about your medical condition.
6.3 Application does not endorse any views or opinions that may be included in the Website/App Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and us.
7.1 All information, Products and services included on or otherwise made available to you through this
Website/App are provided by application on an "as is" and "as available" basis, either expressed or implied,
we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly
agree that your use of this Website/App is at your sole risk.
7.2 We assume no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.
7.3 Application has exerted reasonable efforts to ensure that all information published on the Website/App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/App at our sole discretion.
7.4 We cannot guarantee the adequacy, currency or completeness of the Website/App content. Application does not warrant or endorse the effectiveness, quality or safety of the Products available on its Website/App.
7.5 We disclaim responsibility for any harm to persons resulting from any instructions or Products referred to in the Website/App. We are not associated with any manufacturer of medicines or other products on the Website/App. We do not warrant that the Website/App, or its content will meet your requirements.
7.6 Please note that while application has made every effort to accurately display the colours of products on its Website/App, the actual colour you see will depend on your monitor. We cannot guarantee that your monitor's display of any colour will be the same as the colour of the Products delivered to you.
7.7 We will not be responsible for any loss or damage suffered due to your reliance on the product reviews posted by the users.
7.8 Application reserves the right to modify or withdraw any part of the Website/App or any of its content at any time without notice.
7.9 We will not accept any liabilities of advance effect of consuming the product as we are not the manufacturer of the products.
We take all reasonable care to ensure the availability of the application 24 hours every day, 365 days per year. However, the Website/App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. Application not warrant uninterrupted access to this Website/App 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 such as Airtel Money, Visa, and MPESA as our online payment service partners which process your payment(s). We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such Website/App link.
10.1 Application may accept or decline any order placed by a Customer in its absolute discretion without
liability to you.
10.2 Application reserves the right to discontinue any program or offer on its Website/App.
10.3 We reserve the right, without prior notice, to limit the order quantity of any Products available on Application.
10.4 We acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by the Application and/or its affiliates. You confirm that you have had a physical examination by a physician and do not require a physical examination.
10.5 If you are the patient/parent/authorised person on behalf of the patient, you authorise and appoint the Application and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent the Pharmacy; and (b) packaging your prescriptions and delivering them to you. By making this purchase you hereby, authorise Application and/or its affiliates to ship the order by Post/courier to your designated location. This authorisation shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfillment of your order.
"YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES."
10.6 "If you are the parent/legal guardian/authorised person for the patient disclosed herein, you affirm that you are over the age of majority, and have full authority to sign for and provide the above representations to the Application and/or its affiliates on the Patient's behalf."
10.7 Once an Order has been confirmed it cannot be cancelled and payment will be due whether the products are accepted by the user or not as governed by the Returns/Refund Policy.
11.1 We take all precautions to strictly abide by the laws and regulations set forth in the dispensing of
prescription medications. By placing the order for your prescription medicines, you acknowledge and
accept the following terms regarding the purchase of any prescription medicines.
11.2 Application will not dispense any prescription medication without a valid prescription from a licensed physician.
11.3 If you are ordering prescription medication(s) you hereby confirm the order by uploading a photo. Our authorized personnel shall check for validity of prescription and either Accept or Reject it. Upon delivery of prescription medication(s), the original prescription will be collected by our rider.
11.4 The drug information provided in the Application is for informative purposes only and this Website/App is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website/App.
11.5 Application requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from Application.
11.6 At Application, a Caregiver can order prescription medicines on your behalf.
At Application, we do our best to ensure that you are completely satisfied with our products. We
understand that returns may be necessary in some cases. And we are happy to offer you peace of mind
when you are not fully satisfied with the purchase and want to return back the products to us. You may
return the ordered item(s), or any item(s) included in the order, within 7 days of the arrival of your order.
You may receive a full refund based on the conditions listed below:
Please note: Our 'Returns Policy' may vary depending on the specific nature of the products.
● Refunds Possible if the item(s) you received are
● different from the ones you ordered;
● lost or damaged during transit;
● past the expiry date;
● defective items.
● For any other reason returns will not be acceptable.
13.1 As per the Terms and Conditions of Application, the Website/App grants access to Users/Customers to
view the content solely for visiting, ordering, and communicating only. All materials in this Website/App,
including, but not limited to, images, illustrations, text, logos and page headers, that are part of this
Website/App are copyrights and/or other intellectual properties owned by us. All other trademarks not owned
by us that appear on this Website/App are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by us.
13.2 You hereby agree that you will not reproduce, duplicate or copy the content of Application for any purpose, unless you have been specifically permitted to do so in a separate agreement with this Website/App.
You hereby agree to indemnify, defend, hold harmless Application and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defenses.
These Terms and Conditions and your use of this App and its content will be governed by and construed in all respects in accordance with the laws of Kenya subject to the jurisdictional courts of Kenya.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
No failure on the part of Application to enforce any part of these Terms and Conditions shall constitute a waiver of any of Application' rights under these Terms and Conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by us nor the reliance of any person on Application actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorised representative of us shall have any legal effect whatsoever.
18.1 Application reserves sole discretion to accept, edit or reject any and all materials you may send to us
(collectively, "Submissions") as part of the features in the Website/App, including but not limited to, Ratings &
Reviews, Ask Our Pharmacist Your Questions and Testimonials. Such Submissions should not be
offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful,
obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials
may violate relevant laws, regulations and ethics of pharmacy.
18.2 Application shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non- terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
18.3 You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
18.4 The User/Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the Application.
18.5 Application does not endorse and is not responsible for any Submissions on its Website/App. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.
You agree that Application, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the Website/App, at any time. You agree that any termination of your access to the Website/App or suspension of your account may be effected without prior notice, and you agree that we shall not be liable to you for any such termination. Your right to use the Application/Service immediately ceases upon termination of your access/use of the Website/App.
We reserve the right to amend these terms and conditions from time to time without further notice to you. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the Website/App. It is your responsibility to review the Application Terms and Conditions regularly. Your continued use of the Website/App following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.
Our points programme has been designed to give our customers something back. It's our way of saying thank you for your business and recommendations. Please read the below terms and conditions.
1. Every customer is automatically registered into the Loyalty Points programme upon completing the online registration process.
2. A single registered customer can only have one Loyalty Points Scheme.
3. There are no limits to the amount of points that you can earn. All points can only be redeemed at the point of purchase at a fixed value per point determined by Medicart which is subject to change without notice.
4. The number of loyalty points accumulated depends on the value of purchases which is set by Medicart and is subject to change without notice.
5. We reserve the right to withdraw this programme at any time without prior notice.
6. We may add or remove new ways of earning points from time to time.
7. We reserve the right to change the terms and conditions of this programme without prior notice.
8. Loyalty Points are non-transferable and have no cash value.