These Terms and Conditions govern the ordering, sale and delivery of goods and the use of our website and services.
In a nutshell, this contract sets out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• description of the services which we offer through our website.
Please take the time to read and understand this contract before you make use of our services and website. If you do not want to be legally bound by the terms of this contract in their entirety you must not accept these terms, in which case you cannot use our website or our services.
For the avoidance of doubt, please note that this contract does not affect your statutory (legal) rights, including any rights that you may have under applicable consumer laws that cannot be changed by agreement between you and us. In this contract:
• ‘We’, ‘us’, ‘our’ or ‘ZackPharma’ means ZackPharma Company Limited; and
• ‘You’, ‘your’ or ‘registered user’ means the person using our site to buy Goods and/or services from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
• Email - info@zackpharma.com; or office@zackpharma.com
• Telephone: +233 506596097.
We are Zackpharma Company Limited (trading as Zackpharma), a company registered in Ghana under registration number CS152370721
Zackpharmais an E-commerce platform consisting of a website, mobile application, related mobi-sites and software applications ("marketplace"), as well as supporting logistics and payment infrastructure, that allows retail local drug stores and retail pharmacies (each a “Third-Party Seller”) to sell their goods being medical and pharmaceutical products (“Goods”) in Ghana and manage their own online shop, while also allowing the general public to purchase their medicines and prescribed drugs for their own private noncommercial use on our marketplace from the comfort of their own homes.
Introduction
1.1 If you register or buy any Goods on our marketplace you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any services, you also agree to be legally bound by:
1.3.1 our website terms and conditions and any documents referred to in them; and
1.3.2 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will notify you of any such changes by sending you an email alert, by posting a notice on our website or through the Services, or in any other manner we deem appropriate. You acknowledge and understand that your continued use of our website or our services will confirm your acceptance of the revised terms.
All the above documents form part of this contract as though set out in full here.
1.4 Save as set out in this contract, your use of our marketplace and the content and Goods which may be accessed through our marketplace is at your own risk.
1.5 We do not accept liability for the accuracy or completeness of any website content or content provided as part of our services on our marketplace.
1.6 We do not accept liability for any errors or omissions or for the content becoming out of date.
1.7 We may update our website and associated services from time to time and may change the content and pricing at any time. Please note that any of the content on our marketplace may be out of date at any given time, and we are under no obligation to update it. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
2 Accessing our marketplace and our services
2.1 You must be at least 18 years of age and a resident in Ghana to use our marketplace and any services or Goods provided through it. You warrant to us (i.e. promise in a way that you can be held legally bound by that promise) that you have the required legal and contractual capacity to enter into and be bound by contractual terms.
2.2 You may access and use our marketplace and our services only for your personal use on your own behalf and not on behalf of anyone else. You must not engage another person, company, partnership, or other entity to access our website or our services on your behalf.
2.3 When using our marketplace or our services you must comply with the provisions of our Acceptable Use Policy below. You understand and acknowledge that your right to access our marketplace or use our services will terminate automatically if you breach any of the provisions of our Acceptable Use Policy.
2.4 You understand and acknowledge that our website is intended for use by residents of GHANA only. IF YOU CHOOSE TO ACCESS OUR WEBSITE FROM A LOCATION OUTSIDE OF GHANA, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS RELATING TO SUCH ACCESS, INCLUDING VIEWING OR USING THE CONTENT OF OUR MARKETPLACE, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
2.5 We do not guarantee that our marketplace, or any content on it or provided as part of our services, will always be available, uninterrupted or error free. Access to our marketplace and our services is permitted on a temporary basis. We reserve the right to suspend, withdraw or restrict access to our website or our services, or any part of it or them, at any time for any purpose we deem reasonable, without notice. This includes where we believe that you have materially breached these Terms, or if we consider there is or is likely to be a breach of security.
2.6 Whilst we try to keep any disruption to our marketplace and services to a minimum, our marketplace and services may become unavailable from time to time for us to carry out planned and unplanned maintenance and security updates. In the case of planned maintenance, we will use our reasonable best efforts, where possible, to provide you with some notice of our intention to suspend the website or the services before we do so.
2.7 We will not be obliged to restore any of your data which may be deleted while suspending, withdrawing, or restricting your access to our marketplace or our services. You understand and acknowledge that it is your responsibility to print out and/or save any materials or data which you may require in the future.
2.8 You are responsible for making all arrangements necessary for you to have access to our marketplace including providing and maintaining any equipment used to access our website. You are solely responsible for any telecommunications costs that you incur whilst using our marketplace.
2.9 Your right to access our marketplace and our services is personal to you. You must not allow any other person to have access to your account or our services using your username or password. You must keep confidential any username, password, or other information you choose, or are provided with, as part of our security procedures. You must not disclose them to any other person nor keep them in any form or format that would allow them to be accessed by or on behalf of another person.
2.10 You are responsible for all use of our marketplace and our services when access is obtained using your username and password, whether authorised. For your security, we recommend that you close all open browsers relating to our website on completion of your visit. Should you have any reason to believe that any of your personal or account information has been compromised or exposed to any other person, either by your own actions or the actions of others, you must immediately notify us and reset your password.
.3 Acceptable use policy
3.1 You may only use our marketplace and our services for lawful purposes. You must comply with the acceptable use policy set out in this section (the “Acceptable Use Policy”).
3.2 You must not engage, authorise, or permit any other person to directly access your account to obtain information provided or made available to you as part of our services (whether as agent or representative on behalf of, or as a service provider to, you or otherwise).
3.3 You must not, and you must not allow another person to, use our marketplace (including any content or materials on it) or our services: (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is fraudulent, or has any fraudulent purpose or effect (including by misrepresenting your identity or account information); (c) to access or interfere with another person’s records, impersonate another person or create or use a false identity or email address; (d) for your own or another person’s commercial purposes; (e) to harm or attempt to harm minors in any way; (f) to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“spam”); (g) to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of our marketplace, any computer systems, equipment, software or networks on or through which our marketplace is stored or operated; (h) to modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of our marketplace or services provided by our marketplace; (i) to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in our marketplace, including any software comprised in it, the content or the services provided through it; (j) to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search our marketplace or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools); or (k) in any way that is not authorised by us or that is detrimental to us or our third party service providers.
3.4 You must not, and you must not allow another person to: (a) knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause our marketplace to become unavailable for use by others (including via any form of denial-of-service attack); (b) access without authority, interfere with, damage or disrupt any part of our marketplace, any software, the server or other equipment or network used in the provision of our marketplace (including where owned or used by any third party). (c) you undertake to fully co-operate with us where any law enforcement authorities, regulators or court order requests or directs us to disclose the identity or locate anyone posting any material or using our marketplace or our services in breach of this Acceptable Use Policy.
4.1 When Goods are for sale by a Third-Party Seller, we will indicate this on relevant product pages and checkout pages. In such cases, Zackpharma only serves as a conduit for transactions between Third Party Sellers and our customers. Unless otherwise specified, we are neither the buyer nor the seller of these Goods.
4.2 The Sale formed upon acceptance of your order (in accordance with clause 6.3) for Goods for sale by a Third-Party Seller is thus solely between the registered user and such Third-Party Seller. Zackpharma is not a party to the Sale.
4.3 The Third-Party Seller is solely responsible for the fulfilment of the Goods' delivery. If an invoice is required, the Third-Party Seller is also responsible for providing one to the registered user.
4.4 Not all Third-Party Sellers are VAT (Value-Added Tax) registered vendors. Only registered VAT vendors who are Third Party Sellers may charge VAT on Goods sold and issue a tax invoice. If a Third-Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will be unable to issue a tax invoice.
5.1 Our Privacy Policy is available at www.zackpharma.com
5.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
6.1 Below, we set out how a legally binding contract between you and us or a third-party provider is made.
6.2 Registered users may place orders for Goods, which may be accepted or rejected by us or the Third-Party Seller. The acceptance of an order is contingent on the availability of Goods, the accuracy of the information relating to the Goods (including, without limitation, the price), and our receipt of payment or payment authorisation for the Goods
6.3 NOTE: We or the Third-Party Seller will indicate acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will a sale agreement between you and the Third-Party Seller (the "Sale") come into effect. This is regardless of whether we have communicated to you that your order or payment has been confirmed. We will notify you of the rejection of your order (by Zackpharma or the Third-Party Seller) by cancelling it and refunding you for any amount already paid as soon as possible.
6.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
6.4.1 we cannot authorise your payment; or
6.4.2 there has been a mistake on the pricing or description of the Goods.
6.5 Placing Goods in a Wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods; therefore, goods may be removed from the shopping basket if stock is no longer available, or the price thereof may change without notice to you. You will not be able to hold Zackpharma or the Third-Party Seller liable if such Goods are not available or are not available at the specific price when you complete or attempt to complete the purchase cycle at a later stage.
6.6 You acknowledge that stock of all Goods on offer is limited, and that pricing is subject to change at any time without prior notice to you. We rely on inventory information provided by the relevant Third-Party Seller, and Zackpharma accepts no responsibility for any inaccuracies in the information provided to it. As a result, if you order Goods from a Third-Party Seller that are sold out, any resulting dispute should be resolved between you and the relevant Third-Party Seller, with your respective rights and obligations as set out in these Terms and Conditions.
6.7 If you have a query or dispute in respect of the services or Goods, please contact us directly using the contact details provided above.
6.8 If the query or dispute relates to any Goods provided by a Third-Party Seller, you acknowledge and understand that we may refer the query or dispute to them to resolve if we deem appropriate and you authorise us to do so.
7.1 We accept the following credit cards, debit cards, cash, and Mobile Money
7.2 We will do all our reasonably best to ensure that all the information you give us when paying for the services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.3 Your credit card or debit card will only be charged when used to make payment on our platform
7.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
7.4.1 Verified by Visa.
7.4.2 Mastercard®SecureCodeTM; or
7.4.3 American Express SafeKey
7.5 The price of the services:
7.5.1 is in Ghanaian Cedi (GH₵).
7.5.2 excludes VAT at the applicable rate.
8.1 If Zackpharma or the Third-Party Seller accepts your order, the Goods will be delivered to you as soon as reasonably possible, but no later than 1 (one) day after receipt of your payment ("Delivery Period"). If we are unable to deliver the Goods during the Delivery Period, we will notify you. You may then choose whether to cancel your order for the Goods within 3 (three) days of receiving such notification. If you choose to cancel your order, we will refund the purchase price to you.
8.2 We fulfil our obligation to deliver a product to you when we deliver the product to the physical address you specify for order delivery. ZackPharma is not liable for any loss or unauthorized use of a product after it has been delivered to the physical address you specify.
9.1 Without a valid prescription from a licensed physician, the Third-Party Seller will not dispense any prescription medication.
9.2 If you are ordering prescription medication(s), you hereby confirm that you will send us an original scanned copy of your valid prescription(s) via the Website or App as provided, and this prescription will then be reviewed and approved by a qualified Pharmacist in the Third-Party Pharmacy
9.3 The drug information in our marketplace is provided solely for educational purposes, and the Website/App is not intended to provide diagnosis, treatment, or medical advice. We are not liable for any negative effects or harm caused by your reliance on the information on the Website/App.
10.1 We will manage product returns by buyers and accept returned products by sellers in accordance with the marketplace's returns page, as it may be amended from time to time. Returns will be accepted at our discretion, subject to compliance with Ghanaian laws.
10.2 We may, at our discretion, offer refunds for the following reasons: the product price; local and/or international shipping fees (as stated on the refunds page); and store credits, wallet refunds, vouchers, mobile money transfers, bank transfers, or any other method determined by us from time to time.
10.3 ZackPharma will accept returned products and issue refunds on behalf of the Third-Party Seller.
10.4 Changes to our returns or refunds pages will be effective for all purchases made after the date the change is published on our website.
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed;
(b) were not caused by any breach on our part;
12.1.2 business losses;
12.1.3 losses to non-consumers;
12.1.4 loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, inability to use or unavailability of our marketplace (or any part of it), websites linked to it, or our services;
(b) any products, data, information, or services purchased or obtained, or messages received, or transactions entered, through or from the services obtained or accessed through our marketplace including use of or reliance on any content displayed on or made available through our marketplace.
(c) unauthorised access to or alteration of your transmissions or data; or
(d) any inaccuracy or incompleteness of any information received by you or by us through our marketplace or as part of our services.
12.2 Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our marketplace is at your own risk. We do not accept liability for any loss or damage that you suffer because of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our website. You are responsible for protecting your computer systems from exposure to viruses using anti-virus software, firewalls and any other technical measures necessary.
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with:
13.2.1 the services.
13.2.2 our service to you generally; or
13.2.3 any other matter,
please contact us as soon as possible.
13.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
13.3.1 let you know that we cannot settle the dispute with you; and
13.3.2 resolution of such dispute shall be governed by and construed in accordance with Ghanaian law, without reference to any conflict of law’s provisions.
13.4 The laws of Ghana will apply to this contract.
No one other than a party to this contract has any right to enforce any term of this contract.
16.1 ZackPharma does not sell medicine neither does ZackPharma dispense medicine. ZackPharma only connects a Third-Party Seller to their potential buyers or those who need their services
16.2 ZackPharma is not liable for the purchase of wrong medicine on its platform. However, ZackPharma provides channels for corrections of such errors when it occurs.
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