Terms of Service

Terms of Service

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Terms and Conditions

Welcome to www.dawapoa.co.ke (the Website) The following are the Terms and Conditions, read together with the Privacy Policy, that governs your purchase and use of the products and services (the “Products”) from www.dawapoa.co.ke, and constitute a legally binding agreement, between you (“the Customer”, the “User” or “the Caregiver”) and Ansell Pharmaceuticals LTD which is the licensed operator of DAWA POA in Kenya.

By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.dawapoa.co.ke , you are deemed to have agreed to all the following Terms and Conditions of Sale/Service. So, before you use this Website, please read these Terms and the Privacy Policy carefully as you agree to be bound by them. If you do not accept these Terms and Conditions, please do not use this Website.

By continuing usage of the Website, you are consenting to be bound by these T&Cs for use and access of the Website.

The Services constitute a technology platform that enables users of DAWA POA’s mobile applications or website provided as part of the Services to order for health and wellness products. The Services are made available solely for your personal, non-commercial use.

Eligibility
  1. You will be “Eligible” to use the Services only when you fulfil all the following conditions:
    1. You have attained at least 18 (eighteen) years of age.
    2. You are competent to enter a contract under the Applicable Laws.
  • You have a valid registered mobile number
  1. You agree to comply with our terms and conditions of use
  1. If you are not Eligible, please immediately abandon all attempts to register with us or use our services.
  2. You acknowledge that we rely completely on the information provided by you and we shall not be held liable if you or anyone who uses your Account to access the services on the Website is not eligible to use the same.
Creating an Account
  1. To use certain features of the Website (e.g., ordering Products, posting rating/reviews, receiving DAWA POA e-newsletters), you must set up an account with www.dawapoa.co.ke (“DAWA POA Account”) and provide certain information about yourself as prompted by the Customer Information form, including, your name, gender, email address, an account password, mobile phone number and date of birth. All of your registration information provided in the Customer Information form is handled and stored in accordance with the terms set out in our Privacy Policy. The data provided by you will be used for contacting you for all service-related matters.
  2. By use of the Website, you consent to your personal data being collected, processed, stored and shared in accordance with the terms of our Privacy Policy.
  3. You understand and acknowledge that you can register on the Website only after complying with the requirements of Clause 1 and through a valid mobile number and Email ID.
  4. You will be required to enter Your Registration Data on the Website following which a One-Time Password (OTP) would be sent to the mobile number you have used to register. You will be required to enter the OTP to complete the registration process.
  5. Upon completion of the verification process in accordance with Clause 2.2 above, you will be added to our platform through which you can avail the Services offered on the Website.
  6. You represent and warrant that the information you submit during registration via the Customer Information form is truthful and accurate and that you will maintain the accuracy of such information.
  7. You shall not impersonate someone else or provide account information, an email address or any other information that is not Your own. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you.
  8. In the event of any change in the said Registration Data, you agree to promptly update your Registration Data on the Account to ensure that the communication we intend to send to you is promptly delivered and is not sent to any other entity/third party.
  9. We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period, if we have a reason to believe that the Registration Data or any other data provided by you is incorrect or false, or that the security of your Account has been compromised in any way, or any other reason we may find to do so. DAWA POA will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorized use of your DAWA POA account, you shall immediately notify www.dawapoa.co.ke on +254 735 029 673 or help@dawapoa.co.ke We also reserve the right to suspend your Account with immediate effect and for an indefinite period upon receipt of any complaint from the Service Provider.
  10. You are eligible to only one account in respect of your Mobile Number and Email ID.
  11. Your DAWA POA Account username and password are personal to you. You may not assign or otherwise transfer your account and you will be responsible for the activities associated with your DAWA POA Account.
Customer eligibility

Customers or Users must be over 18 years of age and registered with us. DAWA POA.com is not intended for children under the age of 18. We will not knowingly collect information from DAWA POA visitors in this age group. If you are below 18 years of age, please stop any further use of the Website.

Price and Payment
  1. All our product prices include all applicable statutory taxes.
  2. We make every effort to make sure that the pricing and availability of Products on our Website are accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors or other errors and we reserve the right to cancel the sale.
  3. We reserve the right to correct any inaccuracies or omissions related to the pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
  4. You can make the payment via any one of the following methods:
    1. Mobile Money:
      • Mpesa
    2. Debit and Credit Card
Communication from DAWA POA
  1. By accepting these terms and conditions, you consent to receive communication from DAWA POA through Email. Such messages may include ordering information, notifications, targeted surveys or communications on behalf of DAWA POA partners and affiliates, as you consume our services and relevant to your interactions with DAWA POA. These messages will be relayed to you free of charge. Whoever has access to your mobile phone, your DAWA POA account or email address may also be able to see this information.
  2. The frequency of informational alerts we send to you will vary by your prescription activity, the services you receive or your transactions with us.
  3. Occasional promotional messages relevant to your interactions with DAWA POA may also be sent to you if you have opted to receive updates from DAWA POA.
  4. You will be allowed to opt-out of this service at any time.
    1. To stop receiving email alerts, please click on unsubscribe at the bottom of the email. You will be presented with a form and upon completion, no additional emails will be sent to you.
  5. DAWA POA reserves the right to terminate this service, in whole or in part, at any time without notice.
Disclaimer of Warranties and Limitation of Liability
  1. All information, Products and services included on or otherwise made available to you through this Website are provided by DAWA POA on an “as is” and “as available” basis, either express or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website is at your sole risk.
  2. DAWA POA assumes no responsibility for any damages or viruses that may infect your computer equipment, mobile phone or other property on account of your access to, use of, or browsing in this site.
  3. DAWA POA has exerted reasonable efforts to ensure that all information published on the Website is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website at our sole discretion.
  4. DAWA POA endorses the effectiveness, quality, or safety of the Products available on its Website.
  5. Please note that while DAWA POA has made every effort to accurately display the colours of products on its Website, the actual colour you see will depend on your device. We cannot guarantee that your device’s display of any colour will be the same as the colour of the Products delivered to you.
  6. We may let you view our information and communicate with us through Social Media services such as Facebook and Twitter. DAWA POA explicitly disclaims any responsibility for the terms of use and privacy policies that govern the use of these third-party websites, which are in no way associated with us.
  7. DAWA POA reserves the right to modify or withdraw any part of the Website or any of its content at any time without notice.
Links to third-party Website

We may provide links to third-party websites, our online payment service partners, which process your payments. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such website link.

Terms of Sale
  1. Payment for your orders will be made as you complete the purchase.
  2. No credit facilities will be available and payment must be made in full.
  3. You will be required to provide a delivery address as part of the check-out process. All ordered products will be delivered to that address.
  4. For Prescription Orders, please ensure you personally receive your order to receive any counselling on medicine administration and handover the original prescription to the delivery rider as you receive up your order. We remind you that this is a legal obligation for the receipt of all prescription-only medication.
  5. For Insurance Orders, ensure you personally receive your order to receive counselling on medicine administration and process your biometrics against your insurance card. In addition, please handover the original prescription and Claim Form to the rider. Without both the original prescription and claim form, your insurer may decline to cover your medication.
  6. For Insurance orders, only prescription medicines authorized under your insurance cover will be dispensed. We will work closely with your doctor/insurance provider to ensure a seamless customer experience.
  7. DAWA POA will keep you updated on the status of your purchase throughout the ordering process until it is delivered to your selected location. Our shipping policyoutlines our delivery timelines. These are our company objectives and not a contractual guarantee.
  8. DAWA POA may accept or decline any order placed by a Customer in its absolute discretion without liability to you.
  9. DAWA POA reserves the right to discontinue any program or offer on its Website.
  10. We reserve the right, without prior notice, to limit the order quantity of any Products available on our online store.
  11. You acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by DAWA POA and/or its affiliates. You confirm that you have had a consultation by a physician and the prescription provided is issued by a certified medical practitioner.
  12. You understand that all products shall be dispensed by a registered Pharmacist and authentication will be required to confirm that the product is of good quality.
  13. If you are the patient/parent/authorized person on behalf of the patient, you authorize and appoint DAWA POA and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of
  • Obtaining a valid prescription for any prescription which you have sent through dawapoa.co.ke and
  • Packaging your prescriptions and delivering them to you. By making this purchase you hereby authorize DAWA POA and/or its affiliates to deliver the order to your designated location by courier. This authorization shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfilment of your order.

“YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES.”

“If you are the parent/legal guardian/authorized person for the patient disclosed herein, you affirm that you are over the age of majority, and have full authority to sign for and provide the above representations to DAWA POA and/or its affiliates on the Patient’s behalf.”

Prescription Medication Policy
  1. DAWA POA, a fully licensed and regulated company, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
  2. DAWA POA will not dispense any prescription medication without a valid prescription from a licensed physician.
  3. If you are ordering prescription medication(s), you hereby confirm that you will send us an original scanned copy of your valid prescription(s) via the DAWA POA Website, and this prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacists.
  4. The drug information provided in the DAWA POA is for informative purposes only and the Website is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website.
  5. DAWA POA requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from DAWA POA.
  6. At DAWA POA, a Caregiver can order prescription medicines on your behalf.
Copyrights, Trademarks and other Intellectual Property Rights
  1. DAWA POA is a Registered Trademark.
  2. As per the Terms and Conditions of DAWA POA, the Website grants access to Users/ Customers to view the content solely for visiting, ordering, and communicating with us only. All materials in this Website, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Website are copyrights and/or other intellectual properties owned by DAWA POA. All other trademarks not owned by DAWA POA that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DAWA POA.
  3. You hereby agree that you will not reproduce, duplicate or copy the content of DAWA POA for any purpose unless you have been specifically permitted to do so in a separate agreement with this Website.
User Indemnification

You hereby agree to indemnify, defend, hold harmless DAWA POA and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defenses.

Applicable Law and Jurisdiction

These Terms and Conditions and your use of this Website and its content will be governed by and construed in all respects in accordance with the laws of Kenya.

Severability

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

No failure on the part of DAWA POA to enforce any part of these Terms and Conditions shall constitute a waiver of any of DAWA POA’s rights under these Terms and Conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by DAWA POA nor the reliance of any person on DAWA POA actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of DAWA POA shall have any legal effect whatsoever.

Submissions
  1. DAWA POA reserves sole discretion to accept, edit or reject any and all materials you may send to us (“Submissions”). Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy.
  2. DAWA POA shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non- terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
  3. You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
  4. The User/Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the DAWA POA Website.
  5. DAWA POA does not endorse and is not responsible for any Submissions on its Website. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.
Termination

You agree that DAWA POA, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the Website, at any time. You agree that any termination of your access to the Website or suspension of your account may be effected without prior notice, and you agree that DAWA POA shall not be liable to you for any such termination. Your right to use the DAWA POA Website/Service immediately ceases upon termination of your access/use of the Website.

Changes to these Terms and Conditions

DAWA POA reserves the right to amend these terms and conditions from time to time. DAWA POA will notify you of any material changes or additions to these Terms and Conditions and will provide you with a copy of the amended Terms and Conditions, either under this Website, by use of your email address provided to DAWA POA or by any other suitable means which ensure that you will be able to take notice of the changes to these Terms and Conditions.

These Terms were revised and published on 05/01/2022.

Contact Information

Please contact us for any questions or comments regarding these Terms and Conditions.
Telephone number: +254 735 029 673
E-mail: help@dawapoa.co.ke