Security Policy
Smart Basket Co for Medicines “Pharmaciaty” (from here on referred to as ‘we’, ‘our’, ‘us’) is committed to maintaining the utmost security for your account details, personal information and payments. We are always here to answer any questions you might have about security. Just contact us by clicking here if you have any questions or concerns that haven’t been answered by this document.
Log in Details
Whenever you log in or make a payment on Smart Basket Co for Medicines “Pharmaciaty” , we employ Secure Socket Layers (SSLs), which encrypt data so it cannot be easily accessed by third parties who might have unauthorized access to your computer. We never store any financial details.
Privacy
All the personal information we hold about you is stored on secure servers.
Payment Security
If you make a payment for products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. Whilst your payment is being authorized, look out for https// in the address line of the page you are directed to. This indicates that your data is being transferred using Secure Socket Layer (SSL) protection. We use industry standard data encryption to make sure no unauthorized parties can access your payment details. We have also introduced secure code services for customers using Visa and Mastercard to shop on Smart Basket Co for Medicines “Pharmaciaty”.
Phishing and Internet Fraud
Phishing refers to the practice of fraudulently contacting people and asking them to provide confidential information, such as bank details, home address and date of birth. From time to time, we will contact our customers asking them to confirm personal details relevant to their order, such as shipping address or telephone number. If you are in any doubt about whether an email you have received is in fact from Smart Basket Co for Medicines “Pharmaciaty” , please contact our Customer Service Team by clicking here before replying, so we can confirm that the email was in fact sent by us.
Cookies
Cookies are small text files which your computer stores when you visit certain web pages. We use cookies to help personalize your experience on Smart Basket Co for Medicines “Pharmaciaty” and to track trends in traffic. Cookies do not collect personally identifiable information about you. You must enable cookies on your computer to purchase any of our products. To find out more about how and why we use Cookies, see our Privacy Policy.
END USER LICENSE AGREEMENT
Last updated 14.05.2024
This End User License Agreement (this "Agreement") is a binding agreement between you, as an individual or entity ("End User" or "you"), and Smart Basket for Medicines Company LLC, its subsidiaries and affiliates (collectively, “Pharmaciaty," “we" or “our"). This Agreement governs your use of our mobile application for Android, iOS (collectively, including all related documentation, the "Application"). The Application is licensed, not sold, to you.
BY DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE.
1. License Grant. Subject to the terms of this Agreement, Pharmaciaty grants You a limited, non-exclusive and nontransferable license to:
1.1 download, install and use the Application for Your personal, non-commercial use on a single mobile device owned or otherwise controlled by You (" Mobile Device") strictly in accordance with the Application's documentation; and
1.2 access, stream, download and use on such Mobile Device the products and services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms and Conditions applicable to such products and services as set forth in Section 5.
2. License Restrictions. Licensee shall not: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to You. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Pharmaciaty reserves and shall retain its entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to You in this Agreement.
4. Collection and Use of Your Information. You acknowledge that when You download, install or use the Application, Pharmaciaty may use automatic means (including, for example, cookies and web beacons) to collect information about Your Mobile Device and about Your use of the Application. You also may be required to provide certain information about Yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide You with opportunities to share information about Yourself with others. All information We collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using and providing information to or through this Application, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.
5. Content and Services. The Application may provide You with access to Pharmaciaty's website located at www.pharmaciaty.com (the "Website") and products and services accessible thereon, and certain features, functionality and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by the Application’s Terms and Conditions and Privacy Policy, which are each incorporated herein by this reference. By accessing and using such Content and Services You acknowledge Your acceptance of such Terms and Conditions and Privacy Policy. Any violation of such Terms and Conditions will also be deemed a violation of this Agreement.
6. Updates. Pharmaciaty may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, " Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Pharmaciaty has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
7. Third-Party Materials. The Application may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (collectively, "Third-Party Materials"). You acknowledge and agree that Pharmaciaty is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Pharmaciaty does not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions.
8. Term and Termination. (a) The term of the Agreement commences when You download the Application and will continue in effect until terminated by You or Pharmaciaty as set forth in this Section 8. (b) You may terminate this Agreement by deleting the Application and all copies thereof from Your Mobile Device. (c) Pharmaciaty may terminate this Agreement at any time without notice if it ceases to support the Application, which Pharmaciaty may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this Agreement. (d) Upon termination, all rights granted to You under this Agreement will also terminate; and You must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. (e) Termination will not limit any of Pharmaciaty’s rights or remedies at law or in equity.
9. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PHARMACIATY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PHARMACIATY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PHARMACIATY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR PHARMACIATY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
11. Indemnification. You agree to indemnify, defend and hold harmless Pharmaciaty and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or Your breach of this Agreement. Furthermore, You agree that Pharmaciaty assumes no responsibility for the content You submit or make available through this Application.
12. Export Regulation. The Application may be subject to certain export control laws. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available.
13. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
14. Governing Law. This Agreement is governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, without giving effect to any choice or conflict of law provision. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the courts of Riyadh/ Kingdom of Saudi Arabia, although we retain the right to bring any suit, action or proceeding against You for breach of the Agreement in Your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
15. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16. Entire Agreement. This Agreement, our Terms & Conditions, Security Policy, Refund Policy and our Privacy Policy constitute the entire agreement between You and Pharmaciaty with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
17. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Version control
14 May 2024
First draft in current format.