Terms and Conditions

1. Introduction

Welcome to Onlynpharmacy.co.za.

These Terms and Conditions ("Terms") govern your use of the website https://onlynpharmacy.co.za (the "Website") and the online pharmacy services offered therein (collectively, the "Service"), operated by [Pharmacy Legal Name (Pty) Ltd] (trading as Onlynpharmacy.co.za), a pharmacy registered in South Africa with the South African Pharmacy Council (SAPC), Registration Number: [SAPC Registration Number] ("us", "we", or "our"). Our registered address is [Physical Address].

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access or use the Service. Accessing and using our pharmacy services requires adherence to these Terms and applicable South African laws and regulations governing pharmaceuticals.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal and health information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service. The Privacy Policy forms part of these Terms (collectively, the "Agreements").

If you do not agree with (or cannot comply with) these Agreements, then you may not use the Service. Should you have any concerns, please contact us at [Contact Email - e.g., legal@onlynpharmacy.co.za] so we can try to address them. These Terms apply to all visitors, users, patients, and others who wish to access or use the Service.

2. Definitions

For the purposes of these Terms and Conditions:

• "Account" means a unique account created for You to access our Service or parts of our Service.
• "Service" refers to the Website and the online pharmacy services provided by Onlynpharmacy.co.za, including the sale and dispensing of pharmaceutical products.
• "Terms" means these Terms and Conditions that form the entire agreement between You and the Pharmacy regarding the use of the Service.
• "Website" refers to Onlynpharmacy.co.za, accessible from https://onlynpharmacy.co.za.
• "You" / "User" / "Patient" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• "Pharmacy" refers to [Pharmacy Legal Name (Pty) Ltd], trading as Onlynpharmacy.co.za.
• "Prescription" means a valid prescription issued by a healthcare practitioner authorised to prescribe medicine in South Africa.
• "SAPC" means the South African Pharmacy Council.
• "POPIA" means the Protection of Personal Information Act 4 of 2013.
• "Medicines Act" means the Medicines and Related Substances Act 101 of 1965, as amended.

3. Eligibility and Use of Service

You must be at least 18 years old and reside within the Republic of South Africa to use this Service and order pharmaceutical products.

By using the Service, you warrant that you meet these eligibility requirements and that all information you provide during registration or ordering is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account.

You agree to use the Service only for lawful purposes and in accordance with these Terms and all applicable South African laws and regulations, including those related to pharmaceuticals and healthcare.

4. Prescriptions

To purchase prescription medication through the Service, You must provide a valid, original Prescription issued by an authorised South African prescriber. We accept Prescriptions submitted electronically via [Specify methods - e.g., secure upload on the Website, specific email address].

We reserve the right to verify the authenticity of any Prescription submitted and may contact the issuing prescriber for confirmation. Dispensing of any prescription medication is subject to the professional judgment and discretion of our registered pharmacists, in compliance with SAPC regulations and the Medicines Act.

We may refuse to dispense a Prescription if we deem it invalid, incomplete, potentially fraudulent, clinically inappropriate, or otherwise contrary to law or ethical practice.

You may be required to present the original paper Prescription upon delivery or collection, as determined by regulatory requirements or our policy. You are responsible for ensuring you have the original Prescription available if requested.

5. Orders, Payment, and Pricing

Placing an item in your cart does not reserve the product or price. An order is confirmed only upon our acceptance, which may occur upon dispatch of the goods.

All prices are listed in South African Rand (ZAR) and are inclusive of Value-Added Tax (VAT) where applicable. Prices are subject to change without notice. Delivery fees are charged separately and will be indicated during the checkout process.

Payment must be made using one of the methods specified on the Website (e.g., credit/debit card, EFT). We use secure third-party payment gateways; however, we do not guarantee the security of payment transmissions.

We reserve the right to refuse or cancel any order for reasons including, but not limited to, product unavailability, errors in pricing or product descriptions, issues with Prescription validity, suspected fraud, or breach of these Terms. If payment has already been made for a cancelled order, a full refund will be processed.

6. Dispensing and Delivery

All dispensing activities are performed by or under the direct supervision of a pharmacist registered with the SAPC, operating from our licensed pharmacy premises at [Physical Address].

We deliver only within specified areas of South Africa. Delivery times provided are estimates and not guaranteed. We are not liable for delays beyond our reasonable control.

Delivery requires signature upon receipt. For prescription medications or scheduled substances, the recipient may need to provide proof of identity (ID document or driver's license) and may need to be the patient themselves or an authorised representative. We reserve the right to refuse delivery if these conditions are not met.

Risk of loss or damage to the products passes to you upon delivery to the specified address.

7. Returns and Refunds

Due to the nature of pharmaceutical products and relevant legislation (including Section 22G of the Medicines Act), we generally cannot accept returns of dispensed medicines for credit or refund, unless required by law (e.g., under the Consumer Protection Act for defective goods) or due to a dispensing error on our part.

If you believe you have received the wrong product, a defective product, or if there was a dispensing error, you must contact us within [Number - e.g., 48] hours of receipt at [Contact Email] or [Contact Phone Number] with details and photographic evidence if applicable.

Any returns or refunds are subject to our verification and assessment process and compliance with SAPC guidelines and relevant laws. Unsolicited returns will not be accepted.

8. Medical Information Disclaimer

Any information provided on the Website, including product descriptions, articles, or health guides, is for general informational purposes only. It is not intended as, and should not be considered, medical advice, diagnosis, or treatment recommendations.

Always seek the advice of your physician, pharmacist, or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Reliance on any information provided by the Service is solely at your own risk.

9. Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of [Pharmacy Legal Name (Pty) Ltd] and its licensors. The Service is protected by copyright, trademark, and other laws of South Africa and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. You may not reproduce, distribute, modify, or create derivative works of any part of the Service without our express permission.

10. Prohibited Uses

You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation, including the Medicines Act and POPIA.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Pharmacy, a Pharmacy employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend the Pharmacy or users of the Service or expose them to liability.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

11. Privacy Policy

Our collection and use of personal information, including sensitive health information necessary for providing pharmacy services, is governed by our Privacy Policy. By using the Service, you consent to such collection and use in accordance with the Privacy Policy, which complies with POPIA. Please review our Privacy Policy [Link to Privacy Policy] separately.

12. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Pharmacy makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, or materials included therein. You expressly agree that your use of the Service is at your sole risk.

Neither the Pharmacy nor any person associated with the Pharmacy makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Service. Without limiting the foregoing, neither the Pharmacy nor anyone associated with the Pharmacy represents or warrants that the Service, its content, or any services or items obtained through the Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Service or the server that makes it available are free of viruses or other harmful components or that the Service or any services or items obtained through the Service will otherwise meet your needs or expectations.

The Pharmacy hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. This does not affect any warranties which cannot be excluded or limited under applicable law, such as those provided under the Consumer Protection Act.

13. Limitation of Liability

Except as prohibited by law (including the Consumer Protection Act where applicable), you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the Pharmacy has been previously advised of the possibility of such damage.

Except as prohibited by law, if there is liability found on the part of the Pharmacy, it will be limited to the amount paid for the products and/or services giving rise to the liability, and under no circumstances will there be consequential or punitive damages.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Pharmacy, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

15. Governing Law and Dispute Resolution

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the courts of South Africa, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country if outside South Africa (though the Service is intended for South African residents). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Changes to Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [Number - e.g., 30] days' notice prior to any new terms taking effect, potentially via email or a prominent notice on our Service. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

17. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account closure. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. Regulatory Compliance

Onlynpharmacy.co.za operates in strict compliance with the requirements of the South African Pharmacy Council (SAPC), the Medicines and Related Substances Act 101 of 1965, the Pharmacy Act 53 of 1974, the Protection of Personal Information Act 4 of 2013 (POPIA), the Consumer Protection Act 68 of 2008 (CPA), and all other relevant South African legislation and regulations governing the operation of pharmacies and e-commerce.

Our Responsible Pharmacist is [Name of Responsible Pharmacist], SAPC Registration Number: [RP's SAPC Number].