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1. PREAMBLE
1.1. Please carefully go through these terms and conditions ('Terms') and the privacy policy 'Privacy Policy', available on this platform https://pharmadepot.ge/ka/privacy-policy before you decide to use the 'Platform'.
1.2. The owner of PHARMADEPOT platform is JSC 'GEPHA', VAT: 201991229, Address: Akaki Beliashvili st. 142, Tbilisi, Georgia.
1.3. 'Terms' applies to those services made available for you ('End User' or 'You') through GEPHA's online platforms (Also referred to as 'Platform', 'Application', 'Site', or 'We '), which includes the following:
1.3.1 Facility to search for products.
1.3.2 Facility to purchase products and use courier service.
1.3.3 Facility to register loyalty cards.
1.4. The Terms describe how to use the 'Platform', manage accounts, rights, and obligations of the parties. If you have any questions about any part of the Terms, feel free to contact us at digitalsupport@gepha.com .
1.5. By using the Platform, you irrevocably accept to these 'Terms and conditions' and 'Privacy Policy' and agree to abide by them. This 'Terms' supersedes all previous terms and conditions (if any) communicated to You relating to Your use of the 'Application'/'Site' to avail yourself of the Services. By availing any Services, you signify Your acceptance of these 'Terms'.
1.6. Any changes made to this document will be published immediately on the Company's platform. In addition, you will be notified of any significant (non-technical) changes by posting an appropriate notice on your profile page. If 'You' do not agree to any changes, you may contact us at digitalsupport@gepha.com to cancel your account.
1.7. If You do not agree with any part of the Terms, please do not use the Platform or avail any Services.
1.8. 'Terms and Conditions' is published in compliance of and is governed by the law of Georgia.
2. CONDITIONS OF USE
2.1. Persons under the age of 16 are prohibited from using the platform. If we become aware that a user registered on the Platform is under the age of 16, we will be obliged to cancel such person's account and delete their data. By using GEPHA’s platform, you certify that you are at least 16 years of age.
2.2. The User can make a choice whether or not he/ she wants to use the Fingerprint and Face ID functions. In addition, he/ she can turn off these functions any time in the App and access the App only with username and password. We hereby confirm that we will not process Your biometric data.
2.3. In case the user chooses 'remember me' while logging in or activates FaceID or TouchID, he/she will stay logged in for 30 days, despite closing the App. After 30 days, he will have to re-enter password or log in with Face ID or Touch ID in case he has activated them before.
2.4. 'Personal information' is defined under the law of Georgia on Personal Data Protection and is reproduced in the 'Privacy Policy'.
2.5. The User is expected to read and understand the 'Privacy Policy', which among other things, determines:
2.5.1. Data categories;
2.5.2. Mandatory data for registration;
2.5.3. Information storage terms;
2.5.4. Privacy and Security Guarantees;
2.5.5. Rights and obligations of Users.
2.6. The user registered on the Platform is responsible for maintaining the confidentiality of the User’s account username and password (hereinafter 'account'). The User is responsible for all usage of his/her account, whether or not it is authorized by the User. The User shall immediately notify GEPHA of any actual or suspected unauthorized use of the User’s account or password. Although GEPHA will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of GEPHA or such other parties as the case may be, due to any unauthorized use of Your account.
2.7. 'You' are responsible for the accuracy of the information provided to us; therefore, you are obliged to correct or delete incorrect data. In case of a change in 'your' personal data, please update the relevant information in the data registered on the platform. If the company has doubts about the correctness, accuracy, or completeness of the information provided by you, we reserve the right to suspend providing services until you clarify the data.
3. AVAILABILITY OF INFORMATION
3.1. GEPHA displays on the 'Platforms' relevant information regarding products and their availability and ensures that this information is updated.
3.2. GEPHA assumes no responsibility, and shall not be liable for, any damages (e.g. viruses) that may infect User’s access to use of the Platform or the downloading of any material, data, text, images, video content, or audio content from the 'Platform'.
4. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
4.1. Information listed on the 'Platforms' may include:
4.2. GEPHA authorizes the User to view and access the content available on or from the Platform solely for ordering, receiving, delivering and communicating only as per this document. The contents of the Platform, information, text, graphics, images, logos, button icons, software code, design, and etc. content on the Platform (collectively, 'Platform' Content), are the property of GEPHA and are protected under copyright, trademark and other respective laws. User shall not modify the 'Platform' Content or reproduce, display, publicly perform, distribute, or otherwise use the 'Platform' Content in any way for any public or commercial purpose or for personal gain.
4.3. GEPHA hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update, or share any information that:
4.3.1 belongs to another person and to which the User does not have any right;
4.3.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
4.3.3 harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
4.3.4 violates any law for the time being in force;
4.3.5 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
4.3.6 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
4.4. Users are also prohibited from:
4.4.1 Violating or attempting to violate the integrity or security of the 'Platform' content;
4.4.2 transmitting any information (including job posts, messages and hyperlinks) on or through the App/ Site that is disruptive or competitive to the provision of Services by GEPHA;
4.4.3 submitting on the 'Platform' any incomplete, false or inaccurate information;
4.4.4 making any unsolicited communications to other Users;
4.4.5 using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
4.4.6 attempting to decipher, decompile, disassemble or reverse engineer any part of the 'Platform';
4.4.7 copying or duplicating in any manner any of the 'Platform' framing or hot linking or deep linking any 'Platform' content;
4.4.8 Codifying of any Platform content, using hot or deep links;
4.4.9 circumventing or disabling any digital rights management, usage rules, or other security features of the software.
4.5 GEPHA, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person about any such information as mentioned above, shall be entitled to disable/ delete the inappropriate information. GEPHA shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
4.6. In case of non-compliance with any applicable laws, rules or regulations, or the 'Terms' (including the Privacy Policy) by a User, GEPHA has the right to immediately terminate the access or usage rights of the User to the Platform and Services and/or to remove non-compliant information from the Platform.
4.7. GEPHA may disclose or transfer Your personal information in the event it is required to do so by law, supervisory body/authority or law enforcement agency or when GEPHA, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms.
4.8. GEPHA respects the intellectual property rights of others. Any violation of any intellectual property rights will not be tolerated.
5. PURCHISE OF PRODUCTS
5.1. The process of purchasing products starts by searching for the desired product. The user chooses a specific product, selects a branch, and decides on the method of receiving the product, which is purchased as per clause 5.8 of this document ('pickup' or 'delivery'), indicates the delivery address (if the service is selected), adds the bank card the user wants to use for payment.
5.2. Products are selling at standard prices, with additional information provided about promotions and discounts for loyalty card holders. During the purchase, users can identify which medicines require a prescription and which don’t.
5.3. After confirming the purchase, order information is transferred to the pharmacy.
5.4. The data in the PHARMADEPOT database is updated frequently, however the changes made in the pharmacy's stock are not immediately reflected, GEPHA does not guarantee the availability of products from the customer's order.
5.5. The next step is to check the stock of the products in the electronic database of the pharmacy. It may turn out that the quantities from the order are not fully available in the pharmacy or some products have less than 3 months until expiration. In both cases, the platform informs the user that a) the product is not fully in stock b) the product expires in 3 months.
5.6. If any product ordered by the user is not fully in stock or has less than 3 months until expiration, the platform asks the user to confirm the order, regardless of the mentioned circumstances. The user is given 1 hour to respond. If the user does not respond within this time, the platform automatically cancels the order and issues a full refund.
5.7. In the next step, once an order is placed, the pharmacist at the particular pharmacy receives the order details. After that the pharmacist searches/collects the products requested. If any product is not fully available in the warehouse, the pharmacist notifies the platform. The platform asks the user to confirm the order, regardless of the mentioned circumstance. The user is given 2 hours to respond. If the user does not respond within this time, the platform automatically cancels the order and issues a full refund.
5.8. The ordered product becomes the property of the user upon payment and the activation of the 'ready' status in the application.
5.9. Products ordered through the 'Pickup' service are held at the pharmacy for the user for a period of 7 calendar days from the order date. If the customer fails to collect the ordered products within this time, the order is canceled, and the refund is issued to the customer within 1-3 working days.
5.10. The customer or courier who comes to pick up the order, informs the pharmacist of the order code, after which the pharmacist will hand over the order to the customer/courier.
5.11. Courier service is calculated according to the delivery distance. The delivery rate will be calculated as soon as the delivery address is added to the platform.
5.12. When using the courier service, the cart's minimum value must be over 20 GEL. Otherwise, you will be charged a minimum order fee to bring the total amount up to 20 GEL.
5.13. A service fee will be added to every order.
5.14. For courier services, GEPHA is not responsible for the delivery of the order from the pharmacy to the customer timely and in perfect condition, the full responsibility for this is on relevant courier service provider.
5.15. When using the courier service, if delivery fails due to the customer’s own reasons (such as incorrect address or missed phone calls), the products will be automatically returned to the purchase branch. The customer has the option to take out the order from the branch within 7 calendar days after the order placement, or your purchase will be cancelled (ownership of the product will revert to GEPHA and only the cost of the products will be refunded to the customer’s account within 1-3 working days), or you can pay the cost of extra delivery service and assign an additional courier to your order.
5.16. Using promo codes when purchasing products
6. REVIEWS AND FEEDBACK
6.1 By using this 'Platform', You agree that any information shared by You with GEPHA or with any provider will be subject to Our Privacy Policy.
6.2 You are solely responsible for the content that You choose to submit for publication on the Platform.
6.3 You agree that GEPHA may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
6.3.1 Obtaining feedback in relation to 'Platform' or GEPHA’s services; and/or
6.3.2 Resolving any complaints, information, or queries regarding Your ratings and reviews; and/or
6.3.3 Receiving respective Services; and
6.3.4 You agree to provide Your fullest cooperation further to such communication by GEPHA.
7. ADDITIONAL INFORMATION
7.1 The 'Platform' is an information source on medicines, pharmaceutical and non-pharmaceutical products (cosmetics, baby food, medical devices, etc.) and concentrates on providing information required for understanding such information including but not limited to:
7.1.1 components or elements used in the manufacturing of such medicines and/or medicinal products;
7.1.2 the side effects that may be caused or arise owing to the use of the medicines and/or medicinal products;
7.1.3 the alternative medicines/medicinal products that may be used for certain type or category of medicines/medicinal products;
7.1.4 symptoms and associated medicines/medicinal products generally administered in such cases.
7.1.5 rules for using cosmetic and personal care products, information about ingredients, country of origin, volume.
7.2. You understand that any information provided under this feature is not intended to serve as a substitute for clinical advice and should not be relied upon while making treatment related decisions. The information on medicines and/or medicinal products provided hereunder should not be relied upon in connection with any decision to self-medicate. It is suggestible that You always consult a medical doctor prior to relying upon any information set out herein.
7.3. We hereby inform you that the medicines and/or medicinal products related information differs from country to country and varies from region to region and hence the information/content published herein is Georgia specific and GEPHA is not responsible for the applicability of the content outside Georgia. GEPHA provides information here on an ‘as is’ basis and not with an intention to replace consultation with a qualified medical doctor.
7.4. GEPHA has no control over the sites that may appear as a result of searches or as links to its services. Such sites may place their own short information files (so-called cookies) or other files on 'your' device, collect information about you, or request your personal information, for which GEPHA is not responsible. Accordingly, GEPHA does not guarantee the data protection methods of such websites, nor the accuracy, reliability, or quality of the information, data, text, software, sound, photos, graphics, videos, messages, or other material posted on them. Therefore, if you visit such sites, you do so at your own risk and bear full responsibility.
8. TERMINATION
8.1 GEPHA reserves the right to suspend or terminate a user’s access to the 'Platform' and the Services with or without notice and to exercise any other remedy available under law, in cases where:
8.1.1 Such User breaches any terms and conditions of the Agreement;
8.1.2 A third-party reports violation of any of its right as a result of Your use of the Platform or the Services;
8.1.3. GEPHA is unable to verify or authenticate any information provided to GEPHA by a User;
8.1.4. GEPHA has reasonable grounds for suspecting any illegal, fraudulent or abusive
activity on part of
such User; or
8.1.5 GEPHA believes in its sole discretion that User’s actions may cause legal liability for such
User, other Users or for GEPHA or are contrary to the interests of the Platform.
8.2. In case You want to delete Your account, You can deactivate your account from your personal profile or You can do so by contacting our service support team at digitalsupport@GEPHA.com
9. LIMITATION OF LIABILITY
9.1 In order to achieve the purposes of processing specified in this policy, we will share your personal data with our contractors, such as: development companies, tax and financial institutions, courier companies, to the extent necessary and appropriate.
9.2. Notwithstanding the above, GEPHA is not responsible for the confidentiality, security or distribution of 'Your' Personal Information by our partners and third parties outside the scope of our agreement with such partners/Pproviders and third parties. Further, GEPHA is not responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of GEPHA including but not limited to, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
10. STORAGE AND DISPOSAL
10.1. GEPHA reserves the right to retain your information as long as your Services account remains active and as necessary to provide the Services to you. After the termination of data processing in any form, your personal information will be stored by the company in accordance with current legislation, for a period of no more than 3 (three) years. In case of any dispute related to the processing of your personal data, your information will be retained until the end of the relevant dispute.
11. APPLICABLE LAW AND DISPUTE SETTLEMENT
11.1 You agree that this Agreement and any contractual obligation between GEPHA and User
will be Governed by the laws of Georgia.
11.2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement, or Your use of the Platform or the Services or information to which it gives access, shall be determined by respective courts of Georgia.
12. CONTACT INFORMATION
12.1. If a User has any questions concerning GEPHA, this Agreement, the Services, or anything related to any of the foregoing, GEPHA customer support can be reached at the following email address: digitalsupport@gepha.com.
12.2. ' YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
