General Terms and Conditions of Use and Sale

1. Introduction and Acceptance

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These Terms and Conditions (“Terms”) govern your access to and use of the website located at www.aleme.co.za (“the Website”) and all products and services offered by ALEMÈ Health (Pty) Ltd (“ALEMÈ”, “we”, “us” or “our”), a licensed pharmacy operating in the Republic of South Africa.  By accessing the Website, registering a profile, placing an order or submitting a prescription, you agree to be bound by these Terms, together with our Privacy Policy, Refunds and Returns Policy, Ordering, Delivery and Collection Policy, Prescription and Compounding Services Policy, and any other policy published on the Website, all of which are incorporated by reference.

If you do not agree to these Terms, you are advised not use the Website or our services. These Terms constitute a binding agreement as contemplated in the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and are drafted to comply with the Consumer Protection Act 68 of 2008 (“CPA”), the Medicines and Related Substances Act 101 of 1965 (“Medicines Act”), the Pharmacy Act 53 of 1974, the Rules relating to Good Pharmacy Practice published by the South African Pharmacy Council (“SAPC”), and the Protection of Personal Information Act 4 of 2013 (“POPIA”).

2. Eligibility and Registration

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Only persons who are 18 (eighteen) years or older and legally capable of concluding binding agreements may register on and transact through the Website.  Persons under 18 may only use the Website under the supervision of a parent or legal guardian, who assumes responsibility for such use.  You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your profile.  You warrant that all information provided during registration and ordering, including prescription and medical information, is true, accurate, current and complete.

3. Nature of Our Services

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We dispense medicines and scheduled substances against valid prescriptions, prepare compounded medicines in accordance with a prescription for a specific patient, and deliver medicines and healthcare products to patients by courier or make them available for collection, all in accordance with the Medicines Act, the Pharmacy Act and Good Pharmacy Practice. All professional acts performed by ALEMÈ, including the evaluation, interpretation and dispensing of prescriptions and the compounding of medicines, are performed by or under the direct personal supervision of a pharmacist registered with the SAPC.

4. Health Information Disclaimer

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Content on the Website, including articles, product information and frequently asked questions, is provided for general educational purposes only and does not constitute medical advice, diagnosis or treatment. It is not a substitute for professional advice from a pharmacist, medical practitioner or other registered healthcare provider.  Always consult a healthcare professional regarding any medical condition or before starting, stopping or changing any medicine.  Never disregard professional medical advice, or delay seeking it, because of something you have read on the Website. If you experience a medical emergency, contact your nearest emergency service immediately.

5. Electronic Communications

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When you use the Website or send us emails, messages or other electronic communications, you consent to receiving communications from us electronically, including order confirmations, dispensing communications, delivery notifications and service messages.  Data messages sent to us are regarded as received only when acknowledged or responded to by us.  Communications sent by us are regarded as received by you when they enter an information system under your control, as contemplated in ECTA.

6. Intellectual Property

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All content on the Website, including the ALEMÈ name, logos, text, graphics, images, formulations, icons and software, is our property or is licensed to us, and is protected by South African and international intellectual property laws. You may not copy, reproduce, distribute, modify, republish or create derivative works from any Website content without our prior written consent, other than viewing and printing pages for your personal, non-commercial use.

7. Permitted Use of the Website

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You may not use the Website in any way that is unlawful, that infringes the rights of any person, or that may interfere with the operation or security of the Website.  You may not, without limitation: attempt to gain unauthorised access to the Website or related systems; introduce viruses or other harmful code; harvest or scrape data; place fraudulent orders; or submit false, altered or fraudulent prescriptions.  Submitting a fraudulent prescription is a criminal offence and will be reported to the South African Police Service and the relevant regulatory authorities.

8. Limitation of Liability

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Nothing in these Terms limits or excludes any liability which cannot lawfully be limited or excluded under the CPA or any other applicable law, including liability for gross negligence, or limits any right or remedy you have as a consumer under the CPA.  Subject thereto, ALEMÈ, its directors, employees and agents shall not be liable for any indirect, incidental, special or consequential loss or damage arising from your use of, or inability to use, the Website; interruptions, errors or omissions on the Website; or events beyond our reasonable control, including load shedding, network failures, strikes and courier delays caused by force majeure.
You use the Website at your own risk.  While we take reasonable measures to keep the Website secure and available, we do not warrant that it will be uninterrupted, error-free or free of harmful components.

9. Third-Party Links and Payment Providers

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The Website may contain links to third-party websites and uses third-party payment service providers to process payments securely.  We are not responsible for the content, availability or privacy practices of third-party websites.  Card transactions are processed by an accredited, PCI DSS-compliant payment gateway; ALEMÈ does not store your full card details on its own systems.

10. Suspension and Termination

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We may, acting reasonably, refuse an order, suspend or terminate your profile, or restrict your access to the Website where we suspect fraud, abuse, unlawful conduct, breach of these Terms, or where a pharmacist determines, in the exercise of professional judgement, that dispensing a medicine would not be in your therapeutic interest or would contravene applicable law.

11. General

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These Terms are governed by the laws of the Republic of South Africa.  You consent to the jurisdiction of the South African courts.  If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remainder will continue in full force.  Our failure to enforce any provision is not a waiver of that provision.  We may amend these Terms from time to time; the version published on the Website at the time you place an order applies to that order.  Material changes will be notified on the Website.

12. Complaints and Contact

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Complaints may be directed to info@aleme.co.za, and will be handled in accordance with our Complaints and Disputes Policy. Unresolved complaints relating to pharmaceutical services may be referred to the South African Pharmacy Council (www.sapc.za.org, 0861 7272 00).  Consumer complaints may be referred to the National Consumer Commission, and complaints concerning personal information to the Information Regulator (South Africa).