Terms and Conditions
Greetings and welcome to NEKI PHARMACEUTICALS (the "Website") . The following Terms and Conditions, read in conjunction with the Privacy Statement, govern your purchase and use of the products and services (the "Products") from NEKI PHARMACEUTICALS and constitute a legally binding agreement between you ("the Customer", the "User", or the "Caregiver") and NEKI PHARMACEUTICALS Pharmaceuticals, the licensed operator of NEKI PHARMACEUTICALS in Kenya.
By visiting, viewing, accessing, or otherwise utilizing any of the services or information created, collected, compiled, or submitted to NEKI PHARMACEUTICALS, you are deemed to have accepted the following terms and conditions. Please read these Terms and the Privacy Policy thoroughly before using this website, as you agree to be bound by them. Please do not use this website if you do not acknowledge these terms and conditions.
By continuing to use the Website, you agree to be bound by these terms and conditions for use and access of the Website.
1. Eligibility
You will only be "Eligible" to use the Services if you meet all of the following requirements:
- You are at least eighteen (18) years old.
- You have the legal capacity to enter into a contract, per the Applicable Laws.
- You have a registered mobile number that is genuine.
- You consent to abide by our terms and conditions of use.
If you are not Eligible, kindly abandon all attempts to register or use our services immediately.
You acknowledge that we rely solely on the information you provide, and we shall have no liability if you or anyone who uses your Account to access the Website's services is ineligible to do so.
2. Establishing an Account
To use certain features of the Website (e.g., ordering Products, posting ratings/reviews, receiving NEKI PHARMACEUTICALS e-newsletters), you must register for a NEKI PHARMACEUTICALS account (the "NEKI PHARMACEUTICALS Account") and provide certain information about yourself as prompted by the Customer Information form, including your name, gender, email address, a password for your account, mobile phone number, and date of birth. Your Customer Information form registration information is handled and stored in accordance with the provisions outlined in our Privacy Statement. Your information will be used to contact you regarding all service-related matters.
By using the Website, you consent to the collection, processing, storage, and disclosure of your personal information in accordance with the provisions of our Privacy Policy.
You understand and agree that you can only register for the Website if you meet the requirements of Clause 1 and have a genuine mobile phone number and email address.
Upon fulfillment of the verification procedure in accordance with Section 2.2, you will be added to our platform through which you can access the Website's services.
You represent and warrant that the information you submit during registration via the Customer Information form is accurate and that you will maintain its veracity.
You may not assume the identity of another person or provide account information, an email address, or other information that is not your own. We shall not be liable for any false, incomplete, outdated, or incorrect Registration Data that you provide.
In the event of a change in the aforementioned 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 delivered promptly and not sent to any other entity/third party.
You are only permitted one account per Mobile Number and Email address.
Your username and password for your NEKI PHARMACEUTICALS Account are personal to you. You may not transfer or assign your account, and you are solely responsible for all activities that occur under your NEKI PHARMACEUTICALS Account.
3. Customer eligibility
Customers or Users must register with us and be at least 18 years old. NEKI PHARMACEUTICALS is not intended for use by anyone younger than 18 years old. We will not intentionally collect information from visitors within this age range. If you are under the age of 18, you must immediately cease using the Website and the App.
4. Cost and Settlement
All of our product prices are inclusive of all applicable taxes.
We make every effort to ensure that the pricing and availability of Products displayed on our website are accurate and current. However, a pricing error or an error in product availability may occur on occasion. In these instances, we are not liable for any typographical or other errors, and we reserve the right to cancel the sale.
We reserve the right, with or without prior notice, to rectify any errors or omissions in pricing and product availability/descriptions, including after you have submitted your order, and to change or update any other information at any time.
You may utilize any of the following payment methods:
- Mobile Money: Mpesa, Airtel, Equitel
- Credit and debit
5. Utilization of the Website's Content
The information provided on this website or through our services is solely for educational purposes and is not intended to diagnose, treat, cure, or prevent any disease.
This website's content is not intended to replace professional medical advice or treatment for specific medical conditions. It is crucial that you do not make medical decisions on your own, and you should always seek the advice of your physician or another qualified healthcare professional regarding your medical condition.
NEKI PHARMACEUTICALS does not endorse any views or opinions that may be included in the Website Content or other information made available via our Services. Your submission of product-related queries or reviews does not establish a professional relationship between you and NEKI PHARMACEUTICALS.
6. Cookies Policy
Visiting NEKI PHARMACEUTICALS's website with your browser settings adjusted to accept cookies indicates that you want to use our products and services and that you consent to our use of cookies and other technologies to provide them to you as described in this notice and in our Privacy Policy. Below is information on how to modify your device's settings to notify you when a new cookie is received and disable cookies entirely.
Cookies are unique identifiers that we transfer to your device so that our systems can recognize your device and provide features such as product recommendations, interest-based advertisements on other websites (e.g., NEKI PHARMACEUTICALS Associates with content served by NEKI PHARMACEUTICALS), and storage of items in your shopping basket between visits. Any reference to NEKI PHARMACEUTICALS "sites" encompasses our website and mobile application.
We also use cookies for the following purposes:
You are identified when you sign in to our website. This enables us, among other customized features and services, to provide you with product recommendations, display personalized content, and recognize you as a NEKI PHARMACEUTICALS user.
Delivering content pertinent to your interests, including advertisements, on NEKI PHARMACEUTICALS and third-party websites. Our interest-based advertisements are subject to the preferences outlined in the following section.
Monitoring your specified preferences. This allows us to respect your preferences, such as whether or not you wish to see interest-based advertisements. You can typically manage your preferences via Your Account.
Maintaining a record of the products in your shopping basket.
Conducting research and diagnostics to enhance the content, products, and services of NEKI PHARMACEUTICALS.
Preventing fraudulent conduct.
Increasing safety.
Cookies enable you to utilize some of NEKI PHARMACEUTICALS's fundamental features. If you disable or otherwise reject our cookies, for instance, you will not be able to add items to your Shopping Basket, proceed to Checkout, or use any NEKI PHARMACEUTICALS products and services that require you to Sign in.
The Help section of the majority of web browsers describes how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies entirely. In addition, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by modifying the settings of the add-on or visiting the manufacturer's website.
On NEKI PHARMACEUTICALS-owned and -operated sites and unaffiliated sites, NEKI PHARMACEUTICALS displays interest-based advertising using information you provide when interacting with our sites, content, or services. Interest-based advertisements, also known as personalized or targeted advertisements, are displayed to you based on information from activities such as purchasing on our sites, using devices, apps or software, visiting sites that contain NEKI PHARMACEUTICALS content or advertisements, interacting with NEKI PHARMACEUTICALS tools, or using our payment services, such as Checkout by NEKI PHARMACEUTICALS.
We use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively "cookies"), similar to other online ad networks. Cookies allow us to learn which ads you view, which ads you click, and what other actions you take on our sites and on other websites. This enables us to provide you with more relevant and useful advertisements. For instance, if we know which advertisements you see, we can avoid showing you the same ones continually.
We do not link your interactions with unaffiliated websites to your identity when serving you interest-based advertisements.
NEKI PHARMACEUTICALS provides options for receiving advertisements tailored to your interests. You can opt out of receiving interest-based advertisements from NEKI PHARMACEUTICALS. You will still see advertisements, but they will not be customized. In addition, as described previously, you can modify the settings of the majority of web browsers to notify you when you receive a new cookie or deactivate them entirely.
7. NEKI PHARMACEUTICALS's Correspondence
By approving these terms and conditions, you consent to receive SMS, email, and in-app notifications from NEKI PHARMACEUTICALS. Such messages may include ordering information, notifications, targeted surveys, or communications on behalf of NEKI PHARMACEUTICALS partners and affiliates relevant to your interactions with NEKI PHARMACEUTICALS. You will receive these messages at no cost. This information may also be accessible to anyone with access to your mobile phone, NEKI PHARMACEUTICALS account, or email address.
The frequency with which we send you informational alerts will vary based on your prescription activity, the services you receive, and the transactions you conduct with us.
If you have opted to receive updates from NEKI PHARMACEUTICALS, you may also receive occasional promotional messages pertinent to your interactions with the company.
You will always be able to opt out of this service.
Please click the unsubscribe link at the bottom of the email to cease receiving email alerts. You will be presented with a form, and upon completion, you will not receive any additional emails.
NEKI PHARMACEUTICALS reserves the right to terminate, in whole or in part, this service at any time and without notice.
8. Disclaimer of Warranties and Liability Limitation
All information, Products, and services included on or otherwise made available to you through this Website are provided by NEKI PHARMACEUTICALS on a "as is" and "as available" basis, whether express or implied. To the extent permitted by applicable law, we expressly disclaim all warranties of any kind. You expressly acknowledge that you use this website at your own risk.
NEKI PHARMACEUTICALS is not liable for any damages or viruses that may infect your computer equipment, mobile phone, or other property due to your access to, use of, or perusing on this website.
NEKI PHARMACEUTICALS has made reasonable efforts to ensure that all information published on the Website is accurate at the time of publication; however, such information may contain inaccuracies for which we assume no responsibility. We reserve the right, at our sole discretion, to remove or modify any information on the website.
NEKI PHARMACEUTICALS endorses the efficacy, quality, and safety of the Products offered on its website.
While NEKI PHARMACEUTICALS has made every effort to display the colors of its products accurately on its website, the actual color you see will depend on your device. We cannot guarantee that the color you see on your device's display will match the color of the Products delivered to you.
We may allow you to observe our content and communicate with us via social media platforms like Facebook and Twitter. NEKI PHARMACEUTICALS expressly disclaims any responsibility for the terms of service and privacy policies that regulate the use of these unaffiliated third-party websites.
NEKI PHARMACEUTICALS reserves the right to modify or remove any portion of the Website or its content at any time and without prior notice.
9. Website Accessibility
We make every effort to ensure that the NEKI PHARMACEUTICALS website is accessible 24 hours a day, 365 days a year. Due to maintenance, server or other technical issues, or for circumstances beyond our control, the Website may become temporarily unavailable. NEKI PHARMACEUTICALS does not guarantee continuous access to this or any linked website. However, we may, but are not required to, issue a notice when we become aware of Website maintenance.
10. Links to websites of third parties
We may provide links to the websites of third parties, our online payment service partners, who handle your payments. We are not responsible for the accessibility or functionality of linked pages or websites, nor are we liable for any loss or inconvenience incurred as a consequence of using a link to another website.
11. Conditions of Sale
Your orders will be charged when you finalize the purchase.
There will be no credit options available, and payment must be made in full.
As part of the check-out procedure, you will be required to enter a delivery address. All products ordered will be shipped to this address.
For Prescription Orders, please ensure that you individually receive your order in order to receive any counseling on medication administration, and hand the original prescription to the delivery rider when you receive your order. This is a legal requirement for the receipt of all medications requiring a prescription.
NEKI PHARMACEUTICALS will keep you informed about the status of your order throughout the ordering process and until it is delivered to the location you specify. Our delivery schedules are specified in our shipping policy. These are the objectives of our company and not a contractual guarantee.
NEKI PHARMACEUTICALS reserves the right to approve or decline any order placed by a Customer, without incurring any liability to you.
NEKI PHARMACEUTICALS reserves the right to terminate any program or offer featured on its website.
We reserve the right to limit the order quantity of any Product sold in our online store without prior notice.
You concur that you have disclosed your personal information and personal health information completely and accurately, and you consent to its use by NEKI PHARMACEUTICALS and/or its affiliates. You confirm that you have consulted a physician and that the prescription is issued by a licensed medical professional.
You acknowledge that all products must be dispensed by a registered pharmacist, and that the product's quality will be confirmed through authentication.
If you are the patient/parent/authorized person on behalf of the patient, you authorize and appoint NEKI PHARMACEUTICALS and/or its affiliates as your attorney and agent for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent through NEKI PHARMACEUTICALS; and (b) packaging and delivering your prescriptions. By completing this transaction, you authorize NEKI PHARMACEUTICALS and/or its affiliates to ship your order to the specified location via courier. This authorization includes, but is not limited to, the collection and use of your personal and personal health information as necessary to fulfill 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 patient's parent, legal guardian, or authorized representative, you affirm that you are over the age of majority and have full authority to sign for and provide the above representations to NEKI PHARMACEUTICALS and/or its affiliates on the Patient's behalf."
12. Policy on Prescription Medication
Fully licensed and regulated, NEKI PHARMACEUTICALS takes all precautions to rigorously adhere to the laws and regulations governing the dispensing of prescription medications. You acknowledge and agree to the following terms regarding the purchase of prescription medications by submitting your order.
Without a valid prescription from a licensed physician, NEKI PHARMACEUTICALS will not dispense any prescription drugs.
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 NEKI PHARMACEUTICALS App or Website, and that this prescription will be reviewed and approved by our qualified Pharmacists.
The drug information provided on the NEKI PHARMACEUTICALS website is for informational purposes only; the website is not intended to provide medical diagnosis, treatment, or advice. We are not responsible for any adverse effects or damages incurred as a result of your reliance on the Website's content.
NEKI PHARMACEUTICALS requires the User, Customer, or Caregiver to affirm that he or she is fully aware of the indications, adverse effects, drug interactions, effects of missed dose, and overdose of the medications he or she orders from us. Before purchasing or consuming any medication from NEKI PHARMACEUTICALS, it is imperative that you consult with a physician.
A Caregiver can order your prescription medications from NEKI PHARMACEUTICALS.
13. Copyrights, trademarks, and other forms of intellectual property
The NEKI PHARMACEUTICALS trademark has been registered.
According to the Terms and Conditions of NEKI PHARMACEUTICALS, Users/Customers have access to the Website's content solely for the purposes of visiting, ordering, and communicating with us. All materials in this Website, including, but not limited to, images, illustrations, text, logos, and page headers, are copyrights and/or other intellectual properties owned by NEKI PHARMACEUTICALS.
You undertake not to reproduce, duplicate, or copy the content of NEKI PHARMACEUTICALS for any reason unless expressly permitted to do so in a separate agreement with this website.
14. Indemnification of Users
You agree to indemnify, defend, and hold harmless NEKI PHARMACEUTICALS 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 attorney's fees, 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 this agreement. You undertake to fully cooperate with us in asserting any available defenses. We reserve the right to exclusively defend and control any claims arising from the foregoing and any indemnification matters, and you hereby grant us that right.
15. Relevant Legislation and Jurisdiction
These Terms and Conditions, as well as your use of this Website and its content, shall be governed by and construed in accordance with Kenyan law.
16. Severability
If any provision of these Terms and Conditions is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
17. There is no waiver
No failure by NEKI PHARMACEUTICALS to enforce any provision of these Terms and Conditions shall be construed as a waiver of any of NEKI PHARMACEUTICALS's rights under these Terms and Conditions, whether for past or future actions by any person. Neither the receipt of any funds by NEKI PHARMACEUTICALS nor any person's reliance on NEKI PHARMACEUTICALS's actions shall be construed as a waiver of any portion of these Terms and Conditions. Only a specific, documented waiver signed by an authorized NEKI PHARMACEUTICALS representative shall have any legal effect.
18. Submissions
NEKI PHARMACEUTICALS reserves the right to accept, modify, or reject any and all materials sent to us ("Submissions") at its sole discretion. 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. The transmission of such objectionable materials may violate applicable laws, regulations, and pharmacy ethics.
NEKI PHARMACEUTICALS shall be considered the owner of all known and future rights of every kind and nature pertaining to the Submissions. By posting, uploading, inputting, providing or submitting your Submissions, you consent to their unrestricted use for any purpose, without compensation to you, including a perpetual, royalty-free, 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.
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.
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 NEKI PHARMACEUTICALS Website .
NEKI PHARMACEUTICALS neither endorses nor is responsible for any Submissions posted 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.
19. Termination
You agree that NEKI PHARMACEUTICALS, 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 NEKI PHARMACEUTICALS shall not be liable to you for any such termination. Your right to use the NEKI PHARMACEUTICALS Website /Service immediately ceases upon termination of your access/use of the Website .
20. Modifications to the terms and conditions
NEKI PHARMACEUTICALS reserves the right to amend these terms and conditions from time to time. NEKI PHARMACEUTICALS 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 on this Website, through the use of your email address provided to NEKI PHARMACEUTICALS, or by any other suitable means that will allow you to take notice of the changes to these Terms and Conditions.