This User Agreement (hereinafter referred to as the “Agreement”) is concluded between Pharmacy Mall (hereinafter referred to as the “Agent”), on the one hand, and the User on the other. The Agent and User are collectively referred to as the Parties. Hereby, Pharmacy Mall declares that it will consider itself to have concluded the Agreement on the conditions set out below with any person who made the Acceptance in accordance with clause 2.1. of this Agreement. This Agreement does not require bilateral signing and is valid in electronic form.
Contents:
- Terms and definitions
- The procedure for concluding a contract
- Rights and obligations of the Parties
- Intellectual rights
- Personal data and privacy policy
- Responsibility
- Final provisions
1. Terms and definitions
1.1. For the purposes of this Agreement, the following terms are used in the following meanings:
- “Acceptance” – the full and unconditional acceptance of this Agreement, through the implementation of the actions specified in clause 2.1.;
- “Order” – the purchase of goods online by using the electronic catalog, presented on the Site of the Agent;
- “My Account” – a page on nephrogenex.com, created during the registration of the User (personal section of the User on the Agent’s Website), which reflects information about the current status of the order, as well as ordered products, services provided, personal information of the User. Access to the Personal Account is provided by the User by entering a username and password;
- “User” – an individual who made an Acceptance and intends to purchase goods / services on the Website of the Agent;
- “Site” – nephrogenex.com, which is a composite intellectual property item in the composition of computer programs and other software, databases, and works combined to ensure the normal functioning of the Site and the use of its capabilities.
2. The procedure for concluding a contract
2.1. Acceptance is the confirmation of acceptance of the terms of this Agreement on the site nephrogenex.com at the time of registration / ordering by checking the box next to the words “I agree with the User Agreement” and clicking on the “Register” / “Checkout” button.
2.2. The user enters into an Agreement solely for personal, family or other non-business needs, and such needs do not contradict the applicable legislation.
2.3. This Agreement may be concluded solely by agreement of the User with all its conditions in general.
2.4. The Site is used by the User in the “as it is” state and the Agent does not guarantee the User the functional perfection and full use by the User of the Site itself and its elements, and cannot guarantee the stability and 100% security when using the Site.
3. Rights and obligations of the Parties
3.1. The Agent undertakes to deliver the ordered medications in a “door-to-door” format, and the User undertakes to pay online for the Agent’s services in advance.
3.2. Delivery of products is carried out in accordance with the current rules of delivery.
3.3. The user has the right to leave feedback on the delivered products.
3.4. The Agent has the right to terminate or suspend the User’s login and password, as well as unilaterally refuse to perform this Agreement without reimbursement of any losses, in cases when:
- the User has provided deliberately false information or the Agent has reason to believe that the information provided by the User is untrue or misleading;
- the User has violated the terms of this Agreement;
- the Agent suspects that the User has made multiple registrations on the Site;
- the User did not accept the order;
- the Agent is suspicious that the User has invited fake friends or relatives to receive a discount;
- the event that the User has left a review containing inaccurate information;
- the User copies reviews for the received products from the Site or other web resources;
- the User is exposed to fraud, deception and other manipulations on the Site, entailing material, moral and other harmful consequences of various types and degrees both for the Site itself and its users, and for third-party websites and their users or for any other parties including the Agent.
3.5. The user agrees that he is not allowed to take the following actions when using the Site, as well as any of their constituent parts of the Site, even if they are downloaded, stored in computer memory or amenable to copying and editing:
- modify or otherwise recycle the Site, including offline, by copying the html code;
- copy, distribute or process the materials and information contained on the Site;
- use the Site, Personal Account on behalf of someone else;
- translate into other languages;
- perform engineering analysis for copying or processing;
- carry out reverse assembly (decoding) or any actions aimed at restoring the source code or protocols of computer programs, including the libraries used;
- violate the integrity of the protective system or carry out any actions aimed at circumventing, removing or deactivating technical protective equipment;
- use any program codes designed to distort, delete, damage, imitate or violate the integrity of the Site, the transmitted information or protocols;
- display on top of the main interface of the Site or in any combination with the Website any unauthorized agent advertising materials, announcements, any other information, graphics, sound materials.
3.6. The user is not entitled to transfer his login and password to third parties. The User undertakes to take all reasonable measures to keep them secret and to ensure authorized access to the Personal Account. The Agent shall not be liable for losses caused to the User as a result of the disclosure of the login and password to third parties, which occurred not through the fault of the Agent.
3.7. Multiple registration by one User on the Site is prohibited. One citizen can register on the Site of the Agent only once.
4. Intellectual rights
4.1. In accordance with this Agreement, the Agent grants to any User a limited, non-exclusive, non-sublicensing or assignment license to use the Site.
4.2. All objects placed on the Site, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects (hereinafter referred to as “Content”) are objects of the exclusive rights of the Agent.
4.3. No copying or any other borrowing of the Content is allowed for commercial or other purposes.
4.4. In the event that any person finds out evidence of a possible violation of intellectual property rights on the Site, he undertakes first of all to contact the Agent using the contact details listed on the Site, observing the mandatory pre-trial complaint procedure.
4.5. The Site Administration undertakes to timely consider the received appeal and promptly take measures to eliminate the possible violation of rights, or reasonably respond to the appeal if such a violation was not committed.
5. Personal data and privacy policy
5.1. The user voluntarily provides reliable and relevant data when creating an account in the Personal Account or when placing an Order. The user bears all responsibility and all risks associated with the communication of irrelevant and / or false information.
5.2. As part of the Site’s operation, the Agent receives from the Users certain personal data provided in this Agreement. Separate consent to the receipt and processing of users’ personal data in the form of a document on paper is not required.
5.3. The written consent of the User to receive and process his personal data is considered received at the time of creating the Personal Account or placing the Order by the User using the Site interface.
5.4. The processing of such personal data is regulated in accordance with these provisions and is carried out in accordance with the current legislation solely for the purpose of entering into and executing contracts with personal data subjects or legal entities on whose behalf and (or) in whose interests the subjects of personal data act – including this Agreement.
5.5. By accepting the obligation to comply with the rules contained in this section, each User thereby consents to the processing by the Agent of his personal data, namely to commit including the following actions: collection, recording, systematization, accumulation, storage, clarification (update, change), retrieval, use, provision of personal data, transfer (including by distribution, access), depersonalization, blocking, deletion, and destruction.
5.6. The Agent may collect anonymous non-personal information provided by Users. Non-personal information includes any undisclosed information that becomes available when the User gains access to the Site and uses it directly. Non-personal information may contain information about the identification of the user’s browser, as well as the operating system, the order of visiting pages, the time and date of connection, etc. The Agent may collect personal information voluntarily and knowingly provided by the User during the creation of the Personal Account on the Site, namely the name and surname, mobile number and e-mail address, other information provided by the User.
5.7. User data in an impersonal form can be transferred to other persons and used at the discretion of the Agent without prior notice to the User.
5.8. Users are responsible for their own actions in connection with the creation and placement of information on their own personal page on the Site, as well as in connection with placing information on the personal pages of other Users and in other sections of the Site in accordance with the current legislation. Violation of this Agreement and the current legislation entails civil, administrative and criminal liability.
5.9. The User agrees that after going through the registration procedure on the Site, letters and messages will be sent to the Agent’s email address, including advertising. At the same time, the Agent undertakes not to transfer the electronic address to third parties.
5.10. Having specified the phone number in the Personal Account or when placing the Order, the User automatically agrees to receive SMS messages and emails to the User of an informational and promotional nature. If there is a desire to unsubscribe from these mailings, the User must set the appropriate settings in the Personal Account.
5.11. The Agent reserves the right at any time to change the design of the Site, its content, list of drugs, modify or supplement the scripts used, software and other objects used or stored on the Site, any server applications at any time with or without prior notice.
5.12. The Agent is not engaged in preliminary moderation or censorship of User information and takes actions to protect the rights and interests of individuals and ensure compliance with the requirements of the legislation only after the interested party applies to the Agent in the prescribed manner.
6. Responsibility
6.1. Under no circumstances shall the Agent be liable to the Users or to any third parties for any indirect, incidental, unintentional damage, including loss of profits, damage to honor, dignity or business reputation caused in connection with the use of the Site, the content of the Site or other materials to access through the Site, even if the Agent warned or indicated the possibility of such harm.
7. Final provisions
7.1. All disputes arising from the legal relationship under this Agreement shall be resolved through negotiations. In the event that the Parties fail to reach a settlement of disputes arising between them during negotiations, such disputes should be referred to the appropriate court at the location of the Agent with mandatory compliance with the complaint procedure. The term for responding to a claim is 1 (one) calendar month.
7.2. This Agreement and all its amendments are official documents.
7.3. The Agent has the right at any time to change the terms of this Agreement unilaterally without prior agreement with the User, while ensuring the publication of the amended conditions on the nephrogenex.com website at least 3 days prior to their entry into force. The user independently tracks changes in this Agreement. If the User does not agree with the changes, he has the right not to use the services presented on the Site. If the User continues to use these services, this means that he unconditionally accepted all changes (new edition of the Agreement).
7.4. In the event of any inconsistencies, the text of the Agreement posted on the Website will have an advantage over any other text of the Agreement.
7.5. E-mail address for contacting Pharmacy Mall support department (technical issues) and sending claims: info@nephrogenex.com.