Terms Of Use

1. Terms & Conditions

1.1 These Terms and Conditions (together with the documents referred to & parties in them) (the “Terms and Conditions”) are you the terms that govern the usage and transaction on this  website: https://wappharm.com (the “Website”) and the services offered on this Website, whether as a guest, anonymous user or a registered user.

1.2 It is critical to note that by using the Website and services offered through the website, you indicate that you accept these Terms and Conditions and that you agree to abide by these terms and conditions. If you do not agree to these terms and conditions, please refrain from using the Website and services. All sales, information, consultation and treatment are subject to the Terms and Conditions of the Website. As such we strongly compel you to read these Terms and Conditions carefully before you start to use the Website.

1.3 The website is operated by WAP Pharmacare registered in the Republic of Namibia, business registration CC/2010/1765 Value Added Tax registration 5137745-015 Under the jurisdication of the courts of law of the aforementioned state.

1.4 All WAP Pharmacare pharmacists and service assistants are bound by codes of professional ethics and conduct governed under the state though the independent body: Health Professions Councils of Namibia. You can access these professional standards by visiting https://www.hpcna.com/

2. Our Services

2.1 We are legally only able to dispense medicines for you when we have received either hardcopy or an electronic prescription (“prescription”) which has been signed by a registered prescribing doctor (“prescriber”). Prescriptions are issued entirely at the discretion of the prescriber. No medicines will be dispensed through the website without provision of the prescription.

2.2 You are responsible for signing for packages containing medicines but any signature provided by a third party at the delivery address you provide will be deemed to be receipt of the medicines and/or goods fulfilment of WAP Pharmacare obligations in dispensing that order or prescription. If you have given consent at the time of placing the prescription order, your medicines may be posted through the WAP Pharmacare appointed delivery service.

2.3 You are responsible for providing written evidence of current and valid exemption from payment or alternatively providing valid credit or debit card details which may be charged if you are not exempt from payment. We reserve the right to not deliver medicines to you if your exemption or payment details have expired or are invalid in any way. In such cases, we will attempt to contact on the contact details provided on your order to enable you to provide updated information to allow us to dispense the prescription.

2.4 If your prescription medicines appear to be damaged or if the delivery appears to be incorrect, then please contact Customer Services immediately on +264-65221437 or +264-813566132. We will make every effort to replace any damaged products asper our Returns Policy.

2.5 If the prescription is for a person other than yourself, you will need to have the authority of the person whose prescription it is to have it dispensed by us. By placing a prescription request for another person’s prescription you will be expected and must have the authority to do so.

2.6 By placing a prescription request through the Website, you confirm that:

2.6.1 You are legally capable of entering into a binding contract; and

2.6.2 You are at least 18 years old,

2.6.3 You adhere to item 2.5 specified above.

2.7 After placing a prescription request, you will receive an e-mail from us acknowledging that we have received your request and giving you a prescription order reference number, a record of your order can be found in the My Account section . Please note that this does not mean that your request has been accepted. Your prescription request constitutes an offer to us to fulfil the prescription once we receive it ., and we will confirm such acceptance to you by sending you an e-mail that confirms that the prescription order has been dispatched (the Dispatch Confirmation). Unless we advise otherwise, any medicines supplied to you are dispensed and posted from a pharmacy operated by WAP Pharmacare.

2.8 We cannot and are not liable for any damages which results from (i) a failure by you to provide (and continuously maintain) complete, truthful and accurate information in your Patient Account and in all questions you complete or any other information you provide to Us; You accept that any information given on the website does not replace your regular healthcare provider.

2.9 Delivery will be made to the delivery address specified in your Prescription order which may different from the address written on your prescription. Please see Delivery Information for details of where we deliver and the available delivery options. We cannot deliver items within the same order to multiple addresses.

2.10 For items that require ‘special delivery’ (for example medications that need to be kept in the fridge, or Controlled Drugs), we will not be able to undertake delivery and Local PickUp will be activated on these.

3. Risk and Ownership

3.1 Once delivered, the items ordered will become your responsibility and, except in relation to items that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.

4. Price and Payment

4.1 It is your responsibility to give accurate information and to not make a false declaration when making any purchase.

4.2 Product prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.

4.3 We cannot complete your order until you have paid for it in full. Payment can be made by most major credit or debit cards, cash instore OR electronic Funds Transfer (EFT). In the case of online bank payments, payment is facilitated through the registered payment gateway DPO through secure link provisioned at checkout.

4.4 By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All fields indicated as compulsory must be completed. Please note that we will only use your information in accordance with our privacy policy. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your prescription order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

5. Our Cancellation, Returns and Refund Policy

5.1 We will start to process your order/prescription on receipt. If you wish to cancel an order for a prescription you should contact the Customer Services team promptly on the support contact page.

5.2 Our policy on cancellations, returns and refunds does not affect your statutory legal rights. If you have any questions regarding returns, Contact Us.

6. Our liability

6.1 The material displayed on our website (including the blog on the website) is provided without any guarantees, conditions or warranties as to its accuracy.

6.2 Subject to clause 6.4, if in delivering our Services to you we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Services.

6.3 Subject to clause 7.4 below, to the extent permitted by law, we, other members of WAP Pharmacare third parties connected to us hereby expressly exclude:

6.3.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or law of equity

6.3.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website and Services, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue

loss of business

loss of profits or contracts

loss of anticipated savings

loss of data

loss of goodwill

wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

6.4 Nothing in these terms and conditions limit our liability for:

6.4.1 death or personal injury arising from our negligence

6.4.2 fraudulent misrepresentation or misrepresentation as to a fundamental matter; or

6.4.3 any other liability which cannot be excluded or limited under applicable law.

7. Notices

7.1 Any formal legal notices should be sent to us at our Customer Services address set out in the Contact Us section.

8. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

9. General

9.1 If any of these Terms & Conditions are declared invalid, unlawful or unenforceable, then that provision shall be deemed to be deleted from these Terms & Conditions and the remaining provisions shall remain in full force and effect.

9.2 We have the right to revise and amend these Terms & Conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.

9.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.

10. Contact Us

10.1 If you experience problems with ordering from the Site or have any questions with regard to an order, please feel free to Contact Us.

11. Information about you and your visits to our website

11.1 We process information about you in accordance with our Privacy and Cookie Policy.

11.2 By using our website, you consent to such processing and you warrant that all data provided by you is accurate and remains accurate. You are responsible for, on a regular basis, updating your information to ensure it remains accurate and current.

12. Written communication

12.1 Applicable laws require that some of the information and communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail, through the internal messaging system or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. Viruses, hacking and other offences

13.1 You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.

13.2 You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our site.

13.3 Any attempt to undertake acts outlined in 13.1 and 13.2 or similar will be considered as breach of terms and conditions and leads the liable for prosecution under the relevant laws. In the event of such a breach, your right to use our site will cease immediately.

14. Links from the Website

14.1 at no point can you link content from this website to another website or use the content on this website without explicit authorisation given by WAP Pharmacare.

15. Variations on Terms and Conditions

15.1 We reserve the right to revised the Terms and Conditions outlined at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.

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