1- Introduction

Please read these terms and conditions (the “Terms”) carefully before using this website, web browser, mobile site and APP included. Your use of www.pharmaciaty.com (this “Website”) confirms your acceptance of the following terms and conditions.

Any references to “we”, “us” or “our” in these Terms shall be to Smart Basket for Medicines Company LLC (“pharmacista”); and references to “user”, “you” or “your” in these Terms shall be to any user of this Website/APP.

2.1 These Terms govern the use of Our services and the agreement that operates between You and pharmacista. pharmacista provides the services and sells the Products to You subject to these Terms. You shall be responsible and liable for remaining knowledgeable about these Terms, and by using Our services in any way, You agree to be bound by these Terms, including without limitation, resolving disputes, conducting transactions electronically, disclaiming warranties, damage and remedy exclusions and limitations, and choice of law. For the sake of clarity, these Terms govern Your use and access of the Services operated by pharmacista and/or any of its Affiliates.

2.2. The content of this Website is directed solely at those who access the site from the Kingdom of Saudi Arabia. Your use of this Website and any purchase by You on this Website of any products is governed by the Laws of the Kingdom of Saudi Arabia and will be deemed to have taken place in the Kingdom of Saudi Arabia and subject to the exclusive jurisdiction of the Saudi courts. Risk and title in the products will pass to You when they are dispatched by Us to You, and You acknowledge and agree to be responsible for complying with any restrictions around the receipt and use by You of the products. While We always aim to accommodate Your wishes for the most convenient delivery of Your medication, pharmacista reserves the right to restrict delivery of Your orders of prescribed medication to the address on the prescription.

2.3. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. By accessing or using the Service, or by tapping or clicking “I agree”, “I accept”, “I confirm”, or any other similar button or tick box with respect to these Terms, You expressly agree to be bound by these Terms, including those regarding pharmacista’s collection, use and disclosure of Your Personal Information in relation to the Service. These Terms apply to all visitors, users and others who access or use the Service.

2.4. To register with and use this site You must be over 18 and the details which You give us must be true. pharmacista does not permit minors under 18 to use or access the Service, as the Services are intended to be used by the Users that reside in the Kingdom of Saudi Arabia and are 18 or older (or younger with the consent and involvement of a parent or guardian). By using or accessing the Service, You affirm that You are of legal age to enter into these Terms, or, if You are below 18, have obtained parental or guardian consent to enter into these Terms and Your parent or guardian consents to these Terms on Your behalf. If You violate or do not agree to these Terms, then Your access to and use of the Service is unauthorized.

2.5. You will be responsible for Your use of this site and for Your orders so please ensure that You keep Your log-in details secure so that no-one else can misuse them.pharmacista has taken care in the preparation of the content of this Website. To the fullest extent permitted by the law, pharmacista disclaims all warranties of any kind with respect to the content of this Website.

2.6. pharmacista and its directors or related companies shall not be liable for any losses or claims arising directly or indirectly from use of this Website except that this exclusion of liability does not apply to any damages in connection with death or personal injury caused by the negligence of pharmacista, its directors or employees. All content of this Website is for information purposes only and is not a substitute for professional medical advice, rather it is designed to support, not replace, the relationship between You and Your healthcare providers. You should make sure that You carefully read all product packaging and labels prior to use.

2.7. If You have or suspect you may have a health problem, You should consult Your doctor. Please consult Your doctor before taking any new product, particularly if You are already under medical care. Any links on this Website to other web sites are provided for Your interest only and pharmacista has no control over these sites and so no responsibility or liability for their content and the links do not imply any endorsement of content. If any of these terms are held to be invalid or unenforceable then the validity and enforceability of the remaining provisions shall not be affected.

2.8. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of pharmacista. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when the User uses Our Platforms and explains Your privacy rights and how You are protected. Please read Our Privacy Policy carefully before using the Service.

3.1. Pharmaciaty makes all reasonable efforts to accurately display all attributes of Our products. The product information provided is accurate to the best of Our knowledge at the time of publishing. We may make changes in information without notice.

3.2. Information provided on this Website is suitable only as general information. Please read the instructions and ingredients on the products carefully before using them. www.pharmacity.com will not be responsible for any side effects. Always consult Your doctor or pharmacist for advice on Your specific treatment needs.

3.3. It is Your responsibility to ascertain and obey all applicable local laws in regard to the possession, use and sale of any item purchased from this Website. By placing an order, You agree that the products ordered will be used only in a lawful manner.

3.4. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

3.5. pharmacista does not endorse manufacturers or others’ claims about the efficacy of any products sold on www.pharmacity.com. We specifically disclaim any guarantee or warranty, express or implied, with respect to any Products sold or Services provided, including any warranty of merchantability or fitness for a particular purpose. No information conveyed by pharmacista either orally or in writing shall create such a warranty.

3.6. We do not provide any form of insurance. The inclusion of information about any particular Service or Product does not indicate anything about whether any insurance plan may or may not provide benefits with respect to that Service or Product.

4.1. Any Products You purchase can only be returned or refunded in accordance with these Terms. The Return & Refund Policy are part of these Terms.

4.2. The Products delivered may be returned within a maximum of 7 days from the date of delivery, if the Products are eligible for return. The eligibility for the Products to be returned are subject to Our sole discretion without stating any reason.

4.3. The below list of Products might be eligible for return, replace or exchange:

4.3.1. The Products must be in the same original pack while delivered.

4.3.2. The Products must have the same original price tags, labels, and printed or electronic invoices.

4.3.3. The Products must be in the same condition, which the User has received it.

4.3.4. The Products must not be used or opened.

4.3.5. The Products must not be broken or damaged.

4.4. The below list of Products might not be eligible for return, replace or exchange:

4.4.1.Products classified as hazardous materials or contain flammable liquids or gases, i.e. batteries.

4.4.2. Products considered as personalized Products, i.e. compounded medications.

4.4.3. Products that are not in the same condition when You received them, i.e. used, broken or damaged Products.

4.4.4. Products that are missing the serial number or the universal product code (UPC).

4.4.5. Products that require any special storage conditions i.e. refrigeration, etc.

4.4.6. Products that have been purchased through insurance.

4.4.7. Products that have been purchased in a set as part of a multiple items offer, if one of the set items is missing.

4.5. Products eligible for return or exchange shall have the text ‘This item can be exchanged or returned’ on its Product detailed page. You are required to provide an appropriate reason for the return or exchange of this Product, and We might request a photo of this Product that describes the reason for such return or exchange.

4.6. After checking the provided reason and the photo, and after physical inspection of the selected Products for return or exchange, the request for return or exchange might be accepted by Us, subject to Our sole discretion.

4.7. After the acceptance of the request to return or exchange the selected Product, We will contact You to arrange the collection of the Product by a courier. Upon Our physical inspection of the returned Product, We shall confirm, whether the selected Product is eligible or not eligible for such return or exchange.

4.8. If the Product is deemed eligible for return, You shall be refunded in the event of the selection of returning the Product or the Product shall be exchanged in the event of the selection of exchanging the Product. In the event of accepting to return the selected Product, You shall be eligible for a refund by the same method of payment when placing the order. The refund covers only the amount of the purchased Product and shall not cover the shipping charges, payment processing charges or any other fees or expenses, which are non-refundable at all times.

4.9. Products purchased on sale or by using promotion, coupon code, discount, or voucher, shall be eligible for a refund with the same value when placing the order and the amount that was deducted on such occasion shall be deducted from the refund.

4.10. Payments shall be fully or partially refunded to the original method of payment used when placing the order, on a case-by-case basis, at Our sole discretion. Any delay in refund due to delays from any Third-Party, such as banks processing time, shall not be Our responsibility nor shall be We liable to the User or any Third-Party.

5.1. We are constantly updating Our offerings of Products on the Website. The Products available on Our Website may be mispriced, described inaccurately, or unavailable, and pharmacista may experience delays in updating information regarding Our Products on the Website and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

6.1. pharmacista reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by Us subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond Our control. In that event, You will have the right to cancel Your Order.

7.1. Payment can be made through various payment methods pharmacista has available, such as Visa, MasterCard, American Express cards, or online payment methods, i.e. PayPal, Apple Pay, Samsung Pay, Google Pay, Mada etc.) or Split Payment Partners i.e. Tabby, Tamara, PostPay, etc. or Payment link sent through SMS or whatsapp. Payment cards (credit or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, then We will not be liable for any delay or non-delivery of Your Order.

7.2. pharmacista shall note accept any payments originating from countries sanctioned by the Office of Foreign Assets Control (“OFAC”). Transactions from OFAC-sanctioned countries will be automatically declined, and any orders associated with such payments will be cancelled immediately.

8.1. pharmacista may permit or require the use of electronic invoices (“E-invoice”) for purchases made by You through the Website. Your E-invoice is like a digital copy of any in-store purchase receipt received via email, SMS or whatsapp, in PDF format, or a link to a PDF file which you can download on Your device. All information provided to pharmacista by You in relation to the E-invoice will be subject to Our Privacy Policy.

8.2. There are no charges for issuing E-invoice, but Your data service provider’s message and data charges may apply. pharmacista is not liable for delayed or undeliverable messages and is not responsible for any losses associated with Your inability to access the Internet and/or the E-invoice. We may alter, suspend, or terminate the E-invoice at any time at Our sole discretion, without notice to the User.

8.3. You agree to receive an automated text message (SMS or whatsapp) and/or email and accept any message and data rates that may apply for receipt of a text message.

9.1. Any Promotions made available through the Website may be governed by rules that are separate from these Terms. If You wish to participate in any Promotions, please review the applicable rules as well as Our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules shall apply.

10.1. For one-time use only.

10.2. Codes cannot be transferred, sold or exchanged for cash. Any unauthorized use, reproduction, or distribution of the Coupon may result in the cancellation of the Coupon.

10.3. Can only be used on the Website/APP.

10.4. Codes’ usage, applicability and restrictions are subject to change and are at the discretion of pharmacista Management.

10.5. Codes may have a maximum cap or limit on the discount amount and may require a minimum order value in order to be valid.

10.6. Codes may or may not be valid on products that already have existing discounts. pharmacista will determine the applicability of the Coupon on discounted Products.

10.7. No cash, product, credit or other alternative will be provided as a substitute to the code.

10.8. Codes are not valid on prescription Products or self-medication Products available on the Platform.

10.9. Codes have a specified validity period, which will be mentioned on the Website or communicated through other channels. We reserve the right to terminate the Coupon’s validity at any time, without prior notice. In case of termination, the Coupon will no longer be valid for use on Our Website.

10.10. The percentage discount applicable through the Coupon code will always be calculated based on the price of the Products before any value added tax (VAT) and delivery charges, as determined by pharmacista. The Coupon cannot be combined with any other offer, promotion, or coupon code unless explicitly stated by Us. We reserve the right to modify or cancel the Coupon at any time, without prior notice. We shall not be responsible for any errors, omissions, or technical issues that may occur during the usage of the Coupon on the Website. Our decision regarding the Coupon’s usage, applicability, and restrictions will be final and binding.

10.11. Free shipping will not be applicable if order value goes below the value mentioned for free shipping upon applying the coupon code.

11.1. pharmacista owns or licenses all Content contained on Our Website, and You may access and use it solely for Your own personal, non-commercial shopping and information purposes. The Content may be protected by local and international Intellectual Property rights, and all rights, titles, and interests are reserved by the respective owners. Copying, publishing, broadcasting, modifying, distributing or transmitting any Content in any way without Our prior written consent is strictly prohibited.

11.2. While We work hard to provide a superior customer experience, We cannot guarantee that all Content We display is correct, complete, or current, as We do not endorse any of the Products listed on the Website. We may display or allow to create Content, or link to or from any third-party. We do not monitor, verify, or otherwise endorse the Content, Products, or services of any third-party, and hereby disclaim all liability with respect thereto. Your use of any third-party services is subject to the terms and privacy policies made applicable thereto by such third-party.

11.3. pharmacista, any of its Affiliates and/or third parties may make available various Content. Any Content is provided to enhance Your experience but is not intended to constitute advice, medical advice or diagnose, treat, cure, or prevent any medical condition. If You have questions about Your health or treatment, please contact Your pharmacist or other medical professional. The Content are for educational and informational purposes only, and errors may appear from time to time. Before You act in reliance on any Content, You should confirm any facts that are important to Your decision. pharmacista, any of its Affiliates and/or third parties make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Content, if You find an error or notice something that does not look quite right on the Platform.

11.4. No Content related to health, wellness, prescriptions, or pharmaceuticals are intended to substitute for the diagnosis, treatment and advice of a medical professional, and such Content do not cover all possible uses, precautions, side effects, and interactions, and should not be construed to indicate that any drug is safe or effective for the User. Consult the Product information (including package inserts) regarding dosages, precautions, warnings, and interactions, and Your medical professional, for guidance before using any prescription or over-the-counter drug. Pharmaciaty, any of its Affiliates and/or third parties assume no responsibility for any consequence relating directly or indirectly to any action or inaction You take based on the Content.

12.1. The design of this Website and all text, graphics, information, logos, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and may not be used except as permitted in these Terms or with prior written permission of pharmacista. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy.

13.1. We do not sell, rent or exchange any personally identifiable information that you provide to us through this Website with any third party for commercial reasons. However, We engage trusted online payment service partners to perform payment processing and authorization services (for net banking or credit/debit card validation). Through your use of the pharmaciaty.com Services, You consent to our collection and transfer of Your information to Our payment service partner websites.

13.2. As with any business, it is possible that as Our business develops, We might sell or buy other businesses or assets. In such transactions, User/Customer information is typically one of the transferred business assets. Accordingly, in the event that pharmaciaty.com, or substantially all of our assets, is acquired by a third party, such information may be one of the assets that are transferred or acquired by a third party. Under such circumstances, pharmaciaty.com would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy. You acknowledge that such transfers may occur and that any acquirer of pharmaciaty.com may continue to process Your personal information as set forth in this Privacy Policy.

14.1. From time to time, this Website may contain links to websites that are not owned, operated or controlled by pharmacista or their respective affiliates. All such links are provided solely as a convenience to You. If You decide to access any other website linked to or from this Website, You do so entirely at Your own risk.

15.1. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material or comments that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

15.2. In addition to any remedies that We may have at law or in equity, if We determine, in Our sole discretion, that You have violated or are likely to violate the foregoing prohibitions, We may take any action We deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Us to disclose the identity of anyone posting such materials.

16.1. Other than personally identifiable information, which is subject to this Website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

17.1. Your use of this site is at your risk. The information, materials and services provided on or through this Website are provided “as is’ ‘ without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither pharmacista, nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this web site. The information, materials and services provided on or through this web site may be out of date, and neither Pharmaciaty, nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to the Kingdom of Saudi Arabia laws for any such prohibitions.

17.2. All products and services purchased on or through this Website are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers if any. To the fullest extent permissible by applicable law, We hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Website. Without limiting the generality of the foregoing, We hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

17.3. While pharmacista strives to ensure the accuracy of its product images and information, some manufacturing changes to packaging and/or ingredients may be pending updates on our site. Pharmaciaty.com is accurate and reliable however, no representation is made as to the completeness or accuracy of the information it contains. We will not be held accountable during a rare event of a technical glitch that may occur during maintenance or high peak hours which may cause discrepancies in your shopping bill or overall experience. This includes (but is not limited to) inconsistencies such as cached images on your device resulting in discrepancies on discounts, promotions, shipping charges etc.

17.4. Voucher promotions such as redemptions or loyalty coupons are not applicable/redeemable on Our Website.

18.1. In no event will pharmacista or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website/APP, be liable to You or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any websites linked to this Website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to Kingdom of Saudi Arabia laws for any such prohibitions.

18.2. In the event of any problem with this Website or any content, You agree that Your sole remedy is to cease using this Website. In the event of any problem with the products or services that You have purchased on or through this Website, You agree that Your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Website.

19.1. You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to Your breach of these Terms and Conditions.

20.1. We shall not be liable to You for any delay or failure to deliver the Products to the extent that such delay or failure to deliver arises from causes beyond Our reasonable control including, but not limited to, fire, floods, acts of God, acts or regulations of any governmental or supranational authority, war, riot, strike, lock-out, and industrial disputes.

21.1. pharmacista reserves the right to alter these terms and conditions from time to time by posting new terms and conditions on this Website. Please check the terms and conditions regularly.

22.1. These Terms and Conditions supersedes all prior written or oral representations, agreements or understandings relating to the subject matter of these Terms and Conditions (including any misrepresentation made by pharmacista) between You and pharmacista to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of Kingdom of Saudi Arabia, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the courts of the Kingdom of Saudi Arabia. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

23.1. We reserve the right to suspend or terminate Your account or Your use of this Website at any time. You are personally liable for any orders placed or charges incurred through Your account prior to termination. Any active orders with Us prior to the suspension or termination of Your account shall be cancelled and duly refunded in accordance with our Refund Policy. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

24.1. 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.

25.1. Any failure by pharmacista to enforce any terms set out in these Terms or other policies with You is not a waiver of Our rights to enforce those terms.