Terms and Conditions

This website is managed and operated by Umhlatuze Pharmacy. Throughout this document, the terms "we," "us," and "our" will refer to Umhlatuze Pharmacy. Umhlatuze Pharmacy provides this website, encompassing all information, tools, and services accessible from it to you, the user, on the condition that you accept all the terms, conditions, policies, and notices stated herein. By visiting our website or making a purchase from us, you are engaging in our "Service" and agree to be bound by the subsequent terms and conditions ("Terms of Service," "Terms"), which include any supplementary terms, conditions, and policies referenced within this document or made available via hyperlink. These Terms of Service are applicable to all users of this website, including, without limitation, individuals who are browsers, vendors, customers, merchants, and/or contributors of content. Please carefully review these Terms of Service before accessing or using our website. By accessing or using any part of this website, you signify your agreement to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you are prohibited from accessing the website or utilizing any services. In the event that these Terms of Service are considered an offer, acceptance is explicitly limited to these Terms of Service. Any new features or tools added to the current online store will also be governed by these Terms of Service. You can find the most up-to-date version of the Terms of Service on this page at any time. We retain the right to update, modify, or replace any portion of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to regularly check this page for any changes. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes. Our online store is hosted on Shopify Inc., which provides us with the e-commerce platform that enables us to sell our products and services to you.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that your content (excluding credit card/cheque information) may be transferred without encryption and may involve (a) transmissions across various networks; and (b) modifications to meet the technical requirements of connecting networks or devices. Credit/Cheque card information is always encrypted during transfer across networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without our express written consent. The headings used in this agreement are for convenience purposes only and will not limit or otherwise affect these Terms.

Online Store Terms

By agreeing to these Terms of Service, you confirm that you have reached the age of majority in your country of residence and have given us your consent to allow any of your minor dependents to use this website. You are prohibited from using our products for any unlawful or unauthorized purpose, nor may you, in the course of using the Service, violate any laws within your jurisdiction (including, but not limited to, copyright laws). You must not transmit any computer worms, viruses, or any code that is designed to cause harm. Any breach or violation of these Terms will result in the immediate termination of your Services.

Modifications to the Service and Prices

The prices of our products are subject to change without prior notification. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any modification, price alteration, suspension, or termination of the Service.  

Accuracy, Completeness, and Timeliness of Information

We are not responsible if any information provided on this website is not accurate, complete, or current. The content on this website is intended for general informational purposes only and should not be solely relied upon for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material presented on this website is at your own risk. This website may contain certain historical information, which, by its nature, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to stay informed of any changes to our website.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all transactions made in our online store. You agree to promptly update your account and other details, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary. For more details, please refer to our Returns Policy.

Products or Services (If Applicable)

Certain products or services may be exclusively available online through our website. These products or services may have limited availability and are subject to return or exchange only in accordance with our Return Policy. We have made every reasonable effort to display the colors and images of our products accurately as they appear in the online store. However, we cannot guarantee that your computer monitor's display of any color will be an exact representation. We reserve the right, but are not obligated, to restrict the sales of our products or Services to any individual, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited by law. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Third-Party Links

Certain content, products, and services accessible via our Service may include materials from third parties. Links to third-party websites on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services provided by third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the third party's policies and practices and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Optional Tools

We may offer you access to third-party tools that we do not monitor, control, or influence. You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which these tools are provided by the relevant third-party provider(s). We may also, in the future, introduce new services and/or features through the website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

User Comments, Feedback, and Other Submissions

If, at our request, you send specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to keep any comments confidential; (2) to provide compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service. You agree that your comments will not infringe upon any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility and no liability for any comments posted by you or any third party.

Personal Information

Your submission of personal information through the online store is governed by our Privacy Policy.

Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our website or within the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We make all reasonable efforts to accurately reflect the description, availability, purchase price, and delivery charges of goods on the website. However, should there be any errors of any nature on the website (which are not due to our gross negligence), we shall not be liable for any loss, claim, or expense relating to a transaction based on any error, except – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or as otherwise outlined in the Returns Policy. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Promotional Code Terms and Conditions

Promotional codes cannot be applied to orders that have already been placed. Promotional codes cannot be used in conjunction with any other ongoing specials or discounts. Percentage-off promotional codes can be combined with free delivery promotional codes but cannot be combined with other percentage-off promotional codes. Promotional codes are non-transferable and cannot be redeemed for cash or credit. Additional exclusions may apply. To use a promotional code, you must enter it during the checkout process before completing your order. We reserve the right to cancel or amend these terms and conditions in the event of a catastrophe, war, civil or military disturbance, act of God, any actual or anticipated breach of any applicable law or regulation, or any other event beyond our control. We reserve the right to cancel any order or collect payment if we detect any misuse of a voucher.

Bulk Orders on Daily Promotions and Discounted/Promotional Products

Umhlatuze Pharmacy may occasionally offer certain products at reduced prices through Daily Promotions, Online Only Promotions, Bundle Promotions, or other temporary promotions (referred to as a "Promotion" or “Sale”). The specific conditions defining the scope of each Promotion are detailed in these Terms and/or on our website. If a product within a Promotion is purchased, the customer will be charged the discounted price (referred to as the "Promotion Price"). Please be aware that all promotional items are subject to stock availability. Any product purchased outside the scope of a Promotion will be charged at the then-current non-promotional selling price displayed on our website (referred to as the "Standard Price"). For example, if multiple products are purchased under a Promotion, the Promotional Price will apply to the first six units of each product; thereafter, the Standard Price will apply. Similarly, if a product is bought with other items that do not qualify as a Bundle Promotion, the Standard Price will be applied to all products that fall outside the Promotion. Each customer is allowed to purchase a maximum of six units of each promotional item. Should you purchase any promotional item beyond the limits mentioned above, we reserve the right to cancel your order or collect the outstanding balance. In such cases, we will contact you to discuss these options.

Prohibited Uses

In addition to other prohibitions outlined in these Terms of Service, you are prohibited from using the website or its content: (a) for any illegal purpose; (b) to encourage others to engage in or participate in any unlawful activities; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other form of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that we may, from time to time, remove the service for indefinite periods or cancel the service at any time, without prior notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services provided to you through the service are (except as explicitly stated by us) provided on an 'as is' and 'as available' basis for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no event shall Umhlatuze Pharmacy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products acquired using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.  

Indemnification

You agree to indemnify, defend, and hold harmless Umhlatuze Pharmacy and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred before the termination date shall continue to apply after the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or when you stop using our website. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain responsible for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not be considered a waiver of that right or provision. These Terms of Service and any policies or operating rules posted by us on this website or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party who drafted them.

Governing Law

These Terms of Service and any separate agreements under which we provide you Services shall be governed by and interpreted in accordance with the laws of Unit F2 The Park, Pearce Crescent, Empangeni, 3880.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

Contact Information

If you have any questions about these Terms of Service, please contact us at info@upharm.co.za.