TERMS & CONDITIONS
GENERAL
The content of the Website is made available for general information and use only. It is subject to change without notice.
Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your sole responsibility to ensure that any products or services purchased through the Website meet your specific requirements. The information and materials contained in this Website, including text, graphics, links or other items are provided “as is” or “as available”. We cannot guarantee the accuracy, competence or completeness of all information and content found on our Website at all times. We will do our best to update this information as and when we are made aware of any changes or inaccuracies.
While using the Website, we may ask you to provide Personal Information that we may use to identify or contact you, or to improve our Website, products and services. We may ask you to provide us with information about your health and lifestyle, which will remain confidential and will only be used for the purpose of providing you with nutritional support and recommendations. If you are purchasing products subject to an insurance claim then we will need to obtain the necessary information to validate your claim and we will need to share such information with third party insurers and intermediaries. Please read the Website Privacy Policy.
WE ARE NOT LICENSED MEDICAL PRACTITIONERS AND WE DO NOT PROVIDE MEDICAL ADVICE. There may be general health and wellness information provided on this Website but it is NOT intended to be a substitute for professional medical advice, help, diagnosis or treatment. Our licensed nutritionists may be able to support you with dietary advice and supplement recommendations but we recommend you ALWAYS seek the advice of your physician with any questions you have regarding your health.
These Terms & Conditions (hereon “Terms & Conditions”) are entered into by Pharmak Pharmacy LLC (“we”, “us”, “our”, and “Pharmak Direct”) and the party executing these Terms and Conditions (“you”). These Terms and Conditions set out the rules for accessing and using this website, and our mobile application (together the “Website”) as well as the terms on which we provide goods and services. These Terms & Conditions shall govern the collection, use and disclosure of any information you provide us through the Website, and such information which can identify you personally (“Personal Information”) is subject to the Website’s Privacy Policy. By proceeding to use our Website and place Orders you agree and consent to us disclosing your Personal Information to third parties, if necessary, in accordance with these Terms & Conditions and the Privacy Policy. Please ensure you have read the Privacy Policy. Your use of the Website must be in accordance with these Terms and Conditions and for lawful and proper purposes only, which include complying with all applicable laws, regulations, and codes of practice in the UAE and any other jurisdiction from which you are accessing the Website.
By accessing, browsing or using the Website, you confirm that you accept and agree to comply with, and to be bound by these Terms & Conditions. You hereby agree that these Terms and Conditions form an agreement between you and us. You confirm that you have the legal authority to accept the Website Terms & Conditions on behalf of yourself or any other party that you legally represent. If you do not agree to these Terms & Conditions, you should cease using the Website and refrain from browsing, accessing, using or placing orders for any of the products or services offered on the Website.
Product warranties
All products and services purchased on or through this Website are provided with the benefit of only those warranties provided by their respective manufacturers, distributors and suppliers which automatically pass on to any end purchaser. To the fullest extent permissible by applicable law, we hereby disclaim all other 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, including without limitation fitness for a particular purpose. We also, to the extent permitted by applicable law, expressly disclaim all liability for product defect or failure, degradation due to normal wear and tear, any claim arising from misuse or improper use, any claim arising from product modification, any adverse effects suffered by any user due to improper product selection, non-compliance with any codes or standards, or infringement of any third party rights.
Website warranties
No warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, bugs, trojan horses, or any other type of malicious code, are given in conjunction with the information and materials provided through the Website.
You are responsible for conducting virus checks prior to downloading any material available on the Website before accessing or using the Website for any purpose.
By agreeing to our Terms & Conditions, you agree -not to upload or transmit through this Website: (1) any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of our Website or computer systems; and (2) any material which is defamatory, offensive or of an obscene character or contrary to UAE laws on publishing and online content.
PRESCRIPTION ORDERS
If you wish to place an Order for a prescription only medicine (POM) you will need to create an account. To create an account you will need to provide Personal Information, including: (i) a valid and up to date copy of your Emirates ID card or passport and (ii) valid and up to date details of your medical insurance policy, if you wish to bill the cost directly to your insurer. You represent and warrant to us that any insurance details you provide will relate to a valid medical insurance policy held with an insurer licensed in the United Arab Emirates.
The Website and services are only for users of the age of 18. If you are under the age of 18, please do not attempt to register with us at this Website or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information.
To place an Order for POM you will need to upload the eRx Number provided by the prescribing clinic doctor. If you are seeking insurance coverage, Pharmak Direct will check to see if your insurer is registered within our Network & if so we will contact your insurer to obtain approval and the Order will be on hold whilst this process is in progress.
Once we have completed the process of seeking insurer approval, your account will display your Order enabling you to review the Order, including any copayment amount your insurer requires you to pay. You can then choose to complete the Order, however you will have to pay any amount not covered by your insurer in order to do so.
You can select delivery or collection for your Order (except for drugs regarded as “Controlled”, “Semi-controlled” and “Narcotic” drugs by the competent health authorities, which cannot be delivered and must be collected from one of our Pharmacies) – please see “Deliveries” below for delivery information. If you require medicine urgently, you should consider whether a delivery service is appropriate for you before placing your Order.
If your insurer rejects the claim for the prescription a Pharmak Direct Customer Service Agent will contact you to resolve the matter and determine how you would like to proceed. Subject to availability, you will have the option to pay in full for the prescribed medicines.
Other than by seeking approval of costs for a prescription through our Ordering system, Pharmak Direct cannot act as an intermediary for communications between you and your insurer. If you are unhappy with your insurer’s treatment of your claim you must contact your insurer directly. We are not responsible for any delay, cancellation or other issue as a result of any action or failure to act by your insurer.
Pharmak Direct will notify you electronically at each stage in the process (initial approval, completion of payment, confirmation of stock, dispatch of Order).
We are required to retain details of prescriptions we dispense and your other Personal Information on our electronic systems.
INTELLECTUAL PROPERTY
Pharmak Direct, its subsidiaries, affiliates and participating corporations are the owners of the trade marks, logos, branding, service marks and all other intellectual property (collectively, “IPRs”) appearing on this Website and all rights in respect of such IPRs are reserved and remain solely owned by Pharmak Direct or its licensors.
By accessing this Site, the User agrees that he/she will not insert a hyper link to this Website or any part thereof on any other website or modify, replicate, reproduce, upload, distribute any material from this Website on to any other server, website or web page. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Website.
LIABILITY
Pharmak Direct and its subsidiaries, affiliated companies, staff and shareholders, shall not be liable for any damages, including indirect, incidental, special, punitive or consequential damages (including, without limitation, damages for loss of data, business or profits) arising out of or in connection with these Terms & Conditions, the use of the Website, the inability to use the Website or any advertising of products, services, or information which may be displayed on the Website, or purchase of products or services offered on the Website, or transactions entered into via the Website, whether based on contract, tort, strict liability or otherwise, even if Pharmak Direct or any of its staff members have been advised of the possibility of such damages.
Any claim for damages, however incurred, in connection with any order will not exceed the value of the order and any charges for delivery of such order.
The foregoing limitations of liability shall apply to the fullest extent permitted by law.
You agree to protect, defend and hold harmless Pharmak Direct and its staff members from and against any and all losses, suits, demands, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising from or relating to (i) your use of the Website; (ii) your breach of these Terms & Conditions or any representations, warranties or covenants made by you herein; (iii) your misuse of any products Ordered; or (iv) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights. This obligation and the limitation on our liability set out above survives the termination of these Terms & Conditions.
PAYMENT DETAILS
Pharmak Direct does not collect, store or process any credit card information or payment details you provide. We use third party providers which are PCI-DSS compliant and their vetted and approved third party vendor portal to process all payments and payment card information, and we use SSL (Secure Socket Layer) technology which is intended to ensure your payment data remains encrypted and secure over the internet. This ensures that your information is used only as necessary and is only accessible to the bank processing the financial transaction for anything you have Ordered from the Website. If you are purchasing a product subject to an insurance claim and are required to pay any part of the value of the product then we may need to confirm to the relevant insurance company and intermediaries that you have completed your part of the purchase (along with details of the product Ordered and your Personal Information, as required).
If any of your payment information is compromised in any way, you must contact and report the matter to your bank or financial institution with whom you have the relevant account. In the event of any unfortunate circumstances, we will respond to any queries and guide you in the best way possible. Please be aware, that although we carry out all reasonable measures to avoid your information being compromised, there is always a risk that information can be stolen and manipulated and we cannot guarantee the security of communications over the internet. We would therefore always encourage you to regularly follow the guidance from your bank and/or financial institution to minimize the risk of information being stolen. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our third party payment processor to charge your payment method for the total amount of your Subscription or purchase, including any applicable taxes and other charges (collectively, as applicable, an “Order”). Your Order maybe suspended or cancelled if the payment method cannot be verified, is invalid, or is otherwise declined or not acceptable. You must resolve any problem we encounter in order to proceed with your Order. You can change and update payment information associated with your Pharmak Direct account at any time by logging into your account and editing your payment information.
RETURNS
We cannot accept returns on personalized items (because these cannot be sold to anyone else) and medicines (because of MOHAP’s regulations) unless there has been an error on our part in dispatching the incorrect product or the product you purchased is defective. In such circumstances we will replace the product(s) where possible and if it is not possible to do so, we will process a refund.
If you believe a product is defective, you may return it and we will investigate. If we determine the product is faulty we will replace the product where possible and if it is not possible to do so, we will process a refund. If the product is not faulty we will treat it as a discretionary return in accordance with the below but you will only be entitled to a refund if the conditions of our return policy are met. You may need to contact your insurance company if a refunded product was provided under an insurance claim. A refund (or part refund based on the assessment) will only be offered where it is not possible to replace the goods. A refund will be made in the same form of payment that was used to make the initial purchase. Please note it may take up to thirty (30) days for your bank or card issuer to process the transaction.
Discretionary returns
We have a fourteen (14) day exchange or return policy for all non-medical, non-prescription and non-personalized products Ordered for either home delivery or collection from one of our stores.
In case of home delivery, you can either take the product(s) to the nearest Pharmak Direct Pharmacy along with the original receipt/Order confirmation or call the Pharmak Direct call centre to arrange for a collection.
In case of click & collect, you can hand over the product(s) back to the same store. It might take some time for our staff to process the return or refund as they will check with the delivery team regarding the details of your Order. We request you to bear with us on this.
When we receive a product for return we will check if all conditions applicable to valid returns are met. A discretionary return will only be accepted if the product is unopened, in original sealed packaging and is in a good condition enabling it to be resold. Our return policy is discretionary and we reserve the right not to grant any or part refund if these conditions are not met. We may change the return policy from time to time.
ORDERS
The products on sale on the Website are subject to Order confirmation and availability. If, for any reason following the placement of an Order for product(s), we are unable to supply a particular product, we will inform you as soon as possible, at this time you may cancel the Order for that item only and we will issue you a refund or you may cancel your total Order if you so wish and we will refund the total.
The maximum number of units permitted to be ordered at one time is ten (10) units of each product line item, subject to stock availability. Our products are only intended for sale to consumers within the Emirate of Dubai & Sharjah, United Arab Emirates. You must not attempt to place an Order for delivery to an address outside these Emirates. Our products must not be exported, resold or leased.
All Orders are subject to our confirmation and acceptance. We reserve the right to refuse or cancel an Order for all reasons including; inaccuracies, errors in product or pricing information, if we are unable to obtain authorization for payment, if delivery restrictions apply to a particular item, if the item Ordered does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria set-out within the Terms & Conditions or any other problem identified by us.
Once your Order has been placed, you will receive an email/sms acknowledging the placement of your Order. This email/sms is not an acceptance of your Order, it is a confirmation that we have received it.
Unless cancelled, acceptance of your Order will be acknowledged upon completion of the packing of your Order by us. Completion of the contract between you and Pharmak Direct will be confirmed when we dispatch the products to you, at which time you will receive a second email/sms confirming that your Order has been dispatched and accepted by us. The sale contract is concluded in Dubai/Sharjah, United Arab Emirates, incorporating these Terms and Conditions which shall be governed by the law of the United Arab Emirates, as applied in the Emirate of Dubai/Sharjah, and the language of the contract is English.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawal of any product from the Website, whether or not that product has been sold, in addition to removing, screening or editing any materials or content on the Website, refusing to process a transaction, unwinding or suspending any transaction after processing has begun.
Subscriptions
We may offer you the ability to set up a regular recurring Order for a particular product and to authorize us to charge you and dispatch such Order (subject to availability) periodically. All such subscription services are provided for convenience only and may be withdrawn by us at any time. We are under no obligation to honor any subscription term. You may be required to create an account with us and provide certain Personal Information in order to create a subscription. If a subscription service relates to a product subject to an insurance claim and the insurer in question refuses to agree to any payment in relation to the product, we will contact you and offer you the ability to pay yourself, otherwise we will cancel the particular Order and the subscription. You must contact your insurer directly if you have any questions in relation to insurance cover for ongoing medications.
Phone
Toll Free: 800 742 7625
+971 4 220 3384
support@pharmakdirect.com
Location
Head Quarters:
Boulevard Plaza Tower 1, Office 2301,
Downtown Dubai, UAE.
Pharmacy:
Unit B10, LIU3, Street 50, Community 626,
Nad Hessa, Dubai Silicon Oasis, UAE.
Store Hours
Mon - Sat
8:00 - 17:00