Online Services Terms of Use

These Online Services Terms of Use (Service Terms) govern certain online services provided by the Middle East Pharmacies Company (Pharmacies, we, us, our) to the visitors and users of our websites and mobile app (you, your).

By accessing our websites and/or mobile app, you agree to our Website Terms of Use and App User Agreement, as applicable (General Terms), which creates an agreement between you and us. When you accept these Service Terms they are incorporated into and become part of that same agreement.

Please ensure you have read our Privacy Policy. Use of our online services may require you to provide us with personal information to create an account and may also require you to provide us with personal information, including information related to your health and wellbeing, to access specific services. If you purchase items from us and wish to bill charges to your insurance provider, we will need to provide personal information relating to you and your purchase to your insurance provider. By using our online services, you agree and consent to our use of your personal information in accordance with the Privacy Policy

The Service Terms apply when you access services on our Sites which require you to create a user account or log-in to your existing user account. You are required to indicate your acceptance of these Service Terms when creating your user account. If the Service Terms are updated by us, you will be required to confirm your agreement again, on your next log-in.

1. General terms

The General Terms form part of this agreement and all provisions of the General Terms apply to our online services.

2. Appointment booking conditions
   • If the service is available, the Sites (all the websites defined in the General Terms, along with the mobile app) must not be used for speculative, false or fraudulent appointment bookings. You warrant, represent and undertake that all information you provide about yourself and about anyone else is true and accurate when you are providing information to make an appointment.
   • Appointment bookings can only be made through the Sites for selected Pharmacies, to be determined at our sole discretion.
   • Once the appointment booking has been made through the Site, you will be required to confirm your appointment through the Sites or by phone or in person at least twenty-four (24) hours prior to the appointment.
   • You must register in accordance with the terms outlined in clause 7 in order to be able to make appointment bookings through the Sites.
   • In using the Sites, you will be entitled to:
     • book an appointment at an Pharmacies;
     • book one appointment at given time; and

for the avoidance of doubt, in case that you won’t attend your confirmed appointment, you shall be required to cancel or reschedule a confirmed appointment by phone or in person or through the Sites.

• We reserve the right to disable your ability to book appointments through the Sites for a period the duration of which is at sole discretion.

3. Online enquiry conditions
   • If the service is available, you may communicate your pharmaceutical enquiries to healthcare practitioner through the Sites should you have valid prescriptions linked to your account.
   • In using the Sites, you shall only be entitled to:
     • submit the enquiry to the healthcare practitioner only if you have valid prescriptions linked to your account; and
     • only make one healthcare practitioner enquiry in any twenty-four (24) hour period.
   • A response to enquiries made through the Sites is not guaranteed and is subject to healthcare practitioner availability. Responses to enquiries will be subject to the doctor's sole discretion.
   • Any response to enquiries made through the Sites which include details concerning, amongst other things, prescriptions should not be considered as final and should be verified and stamped by the relevant medical office
   • We reserve the right to disable your ability to make enquiries through the Sites for a period the duration of which is at sole discretion
4. Purchase conditions
   • The Sites must not be used for speculative, false or fraudulent purchases. You warrant, represent and undertake that all information you provide about yourself and about anyone else is true and accurate when you are making payments to the Sites.
   • Services, items, products, devices and materials (Products) purchased through the Sites as a result of visits to the Sites made by you will be subject to the policy that applies to the particular Products purchased by you (Policy). In the event of any discrepancy between these Terms of Use and the relevant Policy, the terms of the Policy will prevail, but only to the extent of the inconsistency. If there is a Policy for any particular Products, it will be made clear to you before you access the service.
   • You may cancel the order from the site before the Products are ready for delivery, once the Products are ready you may cancel by contacting the Customer Service to enquire about the order status. We shall have, at any time, in our sole and absolute discretion, the right to cancel your order.
   • If the purchase of Products is cancelled, we will deduct the number of points collected from your Lakum account.
   • Purchase Vouchers used through the Sites as a result of your visits to the Sites will be subject to these Terms of Use and the terms and conditions that apply to Purchase Vouchers.
   • Pick up from Pharmacy
     • You will be contacted via email, phone or text messages when you have selected pickup from Pharmacies and your order is ready for pickup.
     • Your orders will generally be available for pickup from Pharmacies within (30) minutes to (2) days from the date that you place your order depending on availability of the Products.
     • You must pickup your order from Pharmacies that are specified in your order, within (24) hours from the date that you are notified by email, phone or text messages. If your order is not picked up within this time, we have the right to allocate those Products to another customer and refund your payment.
     • When picking up your order at our Pharmacies, you are required to provide a copy of your purchase receipt for the order. If you are not personally available to pickup your order, you may appoint a representative provided the representative is required to provide a copy of your purchase receipt for the order. You agree that we will be entitled to rely on the representative's instructions as if they were your instructions.
   • Delivery
     • No minimum order value is required to benefit from our delivery service.
     • The delivery fees and period of delivering the order will be determined during the purchase process. The delivery period determined during the purchase process may change based on the availability of the Products and may range from (2) hours to (2) days for same city deliveries or (3) to (5) days for cross city deliveries. If our delivery of the order is delayed by an event outside of our control, then we will inform you as soon as possible and we will take available process to minimize the effect of the delay.
     • Delivery services is available every day, seven days a week, twenty four (24) hours.
     • If the order cannot be delivered because you are not available at your specified address to receive the order, we will notify you of how to rearrange the delivery or the pickup of the order from the Pharmacy. If this is not possible due to your lack of response, we reserve the right to cancel your order.
     • We reserve the right to request any information upon delivery to verify that the order has been delivered to the correct person.
   • Return and Refund
     • You may return the purchased Products within (3) days from the date of purchase, by visiting our Site and completing the required procedures or by visiting the Pharmacies that are specified in your order, with the purchase receipt to complete the return.
     • We reserve the right to request any information upon return to verify your identity and the Products.
     • Used or damaged Products cannot be returned.
     • Returns are not allowed for insurance purchase.
     • You can return what you have purchased under the following conditions: If the order is not picked up from Pharmacies on time, full amount charges along will be refunded and will be automatically transferred to your Card or Account and will reflect within 7-14 business days. If the order is cancelled before delivery, full amount charges along with any delivery fees applied will be refunded and will be automatically transferred to your Card or Account and will reflect within 7-14 business days. If the order is cancelled or exchanged after delivery, full amount charges will be refunded and will be automatically transferred to your Card or Account and will reflect within 7-14 business days without refunding the delivery fees, since the service has been used.
     • In the case of returning offer Products: the entire range of offer must be returned in its value at the time of the offer.
     • Returned Products must be in their original condition upon purchase, unaltered (such as discolouration or pieces), with all of its parts and in their original packaging
     • If you return a Products for a refund, we will deduct the number of points collected from your Lakum account.
     • Cases where Products returns are not accepted:
       1. Products that are indicated as non-returnable during purchase
       2. Products that cannot be returned due to hygiene reasons such as: shavers, epilators, oral/ dental care etc… unless found defective.
       3. Products that require special storage conditions such as refrigerator medicines and baby food.
       4. Products supplied by health insurance.
     • In the event that you purchase a device that has a replacement warranty, we will replace the device with a manufacturing defect within three (3) days from the date of receipt, provided that the device is free of scratches or stains, it has not been misused, and that you bring the original box with all accessories and usage manuals inside. In the event that the device needs maintenance, this shall be in accordance with the warranty conditions of the device

5. Pricing and availability

• Unless otherwise expressly stated, all prices on the Sites are exclusive of all applicable taxes and surcharges. All prices are expressed to be in Saudi riyals, as indicated on the Sites. We may also accept payment in US dollars, if indicated.
• Prices and availability stated on the Sites are subject to change at any time until your online purchase has been confirmed and your payment has been processed. While we will endeavour to ensure that the information on the Sites is as accurate and as up to date as possible, we do not provide a warranty to that effect. You acknowledge that we have no responsibility for the accuracy, completeness, currency or timeliness of price and availability information that is made available on the Sites.
• Special offers may be advertised on the Sites at any time. Special offers are not applicable to any transactions that have already been confirmed.

6. Payment

• We may accept the following methods of payment:
  6. direct debit bank transfers in accordance with the provisions of clause 6.2 below;
  7. credit card payments and electronic payment gateways and platforms in accordance with the provisions of clauses 6.3, 6.4 and 6.5 below; and
  8. direct billing to medical insurance providers in accordance with the provisions of clause 6.6 below.
• All payments made by direct debit bank transfer should be made to respective bank account that will be shown along with your purchasing activity.
• We accept all major international credit and debit cards and specified electronic payment gateways and platforms (each a Card or Account). Your Card or Account will be debited when you click the 'confirm payment' button.
• Please supply us with the correct Card or Account billing and cardholder or accountholder information (Payment Information). If you do not supply the correct Payment Information, purchases made through the Sites may be delayed. We reserve the right to cancel purchases made through the Sites if payment is declined or if you have supplied incorrect Payment Information.Each of the conditions of this App User Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
• We may incur charges when a purchase is made through the Sites using a Card or Account. We reserve the right to pass on to you, in full, any changes incurred by us in connection with any purchase made through the Sites by you using a Card or Account. We will let you know of any applicable charges prior to you clicking the 'confirm payment' button.
• If our Site provides the option for you to submit insurance provider details for the purposes of direct billing then you may do so. We may provide the ability for you to store insurance details on your account profile. You are responsible for ensuring all insurance details provided are valid and up to date. You represent and warrant to us that any insurance details you provide will relate to a valid medical insurance policy which covers treatment in the country from which you are making your purchase. You acknowledge that we will need to provide details to your insurer of your purchase and you hereby consent to us doing so. Before we confirm an order, we will need to verify that your insurer accepts payment for the order. If the insurer declines payment or you are required to pay part or all of the order price we will contact you and the order will not progress until you have paid the remainder of the total amount due. Aside from seeking approval of costs in accordance with the information you provide with your order, we cannot act as an intermediary for communications between you and your insurer and we accept no liability whatsoever for any delay, act or omission of your insurer. If you are unhappy with your insurer’s treatment of your claim you must contact your insurer or the appropriate supervisory authority directly.
• We may outsource payment processing to a third party provider. We will not be liable to you or anyone else for any loss resulting from an act or omission of a third party payment provider.

7. Account rule

• We may accept the following methods of payment:
  1. enter your credentials (registered National ID and mobile number); and
  2. enter the onetime secure-access code that you will receive to your registered mobile number
• In order to create an account to obtain full access to the services on the Sites, you must:
  1. satisfy the minimum age requirement of 18 years (measured according to the Gregorian calendar);
  2. provide us with complete and accurate registration information in accordance with requested information fields on the Site;
  3. ensure your use of the Sites is in accordance with these Online Services Terms of Use and any applicable laws;
  4. enter your national ID card number; and
  5. enter your mobile telephone number to receive a confidential secure-access code via SMS
• When you create an account, and any time you attempt to access our on-line services, you warrant, represent and undertake that:
  1. you meet the minimum age requirement;
  2. you have given complete and accurate registration information, and will keep that information updated In order to create an account to obtain full access to the services on the Sites, you must:
  3. you are resident in the Kingdom of Saudi Arabia.
  4. you have authorised us to execute all instructions and transactions on your behalf in relation to your use of the Sites; and
  5. your use of the Sites will not violate these Online Services Terms of Use or breach any applicable laws
• We reserve the right to reject or revoke, for whatever reason and at our sole discretion, your request to access the Sites or to freeze access to the Sites.
• In order to use the Sites, you will require access to the Internet. You are responsible for any connection, service and other fees associated with such access and for providing all equipment necessary to enable you to connect to the Internet (including a computer and modem or other access device).
• We may use information from your profile for aggregated analysis purposes (such as your age, gender, nationality etc.) to enable us to gain insights into who is using our online services and how we may improve the reach and quality of the services. We will not use any information which can personally identify you, including any information which links you to any medical procedure or health status, for any such purpose. Please see our Privacy Policy for more information about how we use your information.
• You may create an account on behalf of a child for whom you have legal responsibility. If you create an account on behalf of a child you warrant, represent and undertake that:
  1. you are a parent or legal guardian of that child and are lawfully authorised to direct the medical care of the child and to provide us will all necessary information in connection with the child (such as identification documents, medical history etc.);
  2. you have authorised us to execute all instructions and transactions on behalf of the child in relation to your use of the Sites
  3. without prejudice to any patient/doctor confidentiality obligations that may occur if the child independently seeks medical advice, you will supervise and direct all use of the child’s account on the Site and will not permit the child to use the account without supervision; and
  4. you will remain responsible for all charges incurred in connection with the account.
  5. You understand that the phone number or e-mail that you provided to the Site will be used as a means of communication between me and the Pharmacy, and you agree that the Site will notify YOU by SMS, e-mail or any other method regarding your use of the Site, including but not limited to, the materials or services that we provide or we may present it to the public in the future, or any modifications that may occur to the services provided by the Site. These messages are proof of evidence that pharmacies can use at any time. You understand the risks of communicating via email and text messages, especially privacy risks, and realize that Pharmacies cannot guarantee the security and confidentiality of e-mail or text messages and Pharmacies will not be responsible for messages that are not received or delivered due to technical failure or disclosure of confidential information unless it was caused by willful misconduct. You agree to receive emails, text messages, and phone calls to notify you of new Pharmacy services, promotions, features, and products.

• If you delete your account, this will result in the loss of all information and benefits associated with the account and cannot be recovered when the account is reopened.

8. Account rule

• You are solely responsible for all activities that occur in connection with your log-in details in respect of the Sites. You must take steps to protect the confidentiality of your log-in details and you must not allow any other person to use your account.
• You must notify us immediately if you become aware of any disclosure, loss, theft or unauthorised use of your log-In details.

9. Termination

• We may discontinue any service at any time or terminate your access to one or more services at any time for any reason, with or without notice to you and without incurring any liability to you, however that liability may arise
• All restrictions and all disclaimers and exclusions and limitations of our liability will survive any termination. Upon termination, you must not directly or indirectly access or use the services.

10. Termination

You indemnify us in full in respect of any liability incurred by us or suffered by us for any loss, cost, damage or expense, as a result of your breach of these Online Services Terms of Use. Where you use our services inappropriately or maliciously, you agree that you will indemnify us against any losses suffered by us or any third parties as a result of or in connection with such use.

11. General

As noted above, these Online Services Terms of Use are subject to the General Terms and form part of the same agreement. You should ensure you have read the General Terms. In particular, please note the following sections, as they relate to the online services:

Website Terms of Use: 2) No Warranties; 3) Submission of Content; 12) Limitation of Liability; 13) Indemnity; 14) Availability of the Site; 15) Privacy; 18) General

App User Agreement: 1.4) use of location data.

I have read these Online Services Terms of Use and all other terms and conditions referred to in them. I understand that by ticking this box and proceeding to use the services I will be bound by these Terms & Conditions and that they govern the services to be provided to me.  I consent to the receipt of the online services and the use of my personal information, including sensitive personal information, for the purposes set out above and in accordance with the Privacy Policy