Terms Of Use

1. Introduction

This website is owned and provided by Link pharmacy LTD (Link pharmacy), a company incorporated in Zambia. These general terms and conditions apply to anyone accessing information viewing pages or placing orders utilising any part of the Link pharmacy website. By utilising the website you are acknowledging your acceptance of these general terms and conditions. Link pharmacy retains the right to change the terms and conditions at any time without warning or prior notice.

The contents of the website are specifically provided for informational purposes only. No part of it is intended to substitute professional medical advice.

BY CONTINUING TO USE THIS WEBSITE YOU ARE CONFIRMING THAT YOU ACCEPT OUR TERMS AND CONDITIONS OF USE SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MUST LEAVE THIS WEBSITE.

2. Definitions

"Link pharmacy" means the company, Link pharmacy LTD and its subsidiaries incorporated in the Republic of Zambia, having its registered office at 386 Copper Street, Roma Park Commercial, Lusaka, Zambia,10101;

"We", "Us" or "Our" refers to Link pharmacy;

"User", "You" or Your" means a natural person accessing or utilizing the website either collectively or individually, as the context requires;

"Terms/Agreement" means the contents and conditions stated herein.

"Services" means prescription medicines sold at our store either through our web store or physical store and non-prescription items such as toothpaste, body cream, perfumes etc.

We are not the producer or manufacturer of those items contained in the "Services" and the respective manufacturers are responsible for their own terms and conditions.

3. Access to Website

This website is the property of Link pharmacy. We reserve the right at all times to unilaterally refuse access to this website or parts of it.

We reserve the right to suspend or terminate access to the website with immediate effect if non-authorised human intervention, viruses, bugs, or other causes beyond the control of Link pharmacy corrupt or jeopardize the administration or security of the website portal.

Our prescription service is run by qualified pharmacists and operates from registered pharmacy premises under approval of regulatory control and monitoring authorities of the Republic of Zambia.

4. Privacy

Your privacy and that of each other person whose information you provide to us is important to us. We will treat all your Personal Data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation.

By using our website you agree to receive automatically generated medication refill reminders.In our privacy notice, you can also find out how to stop receiving marketing information.

It is important that you understand and are comfortable with these terms before using the service and we encourage you to take time to read them.

We own and license all content contained within the services, including without limitation, text, images, icons, software, trademarks, and user content which you may access and use solely for your own personal, non commercial shopping and information purposes. While we work hard to provide a superior customer experience, we cannot guarantee that all content we display is correct, complete or current including product pricing, images and availability.

5. Registration

Visitors to this website may be required to register in order to use its facilities.

We are not under any obligation to accept a request for registration and reserve the right to suspend or terminate access at any time if your continued use is believed to prejudice us or other users. By registering to use this website you confirm that the information you provide during the registration process is accurate and complete. You agree to update your registration details promptly if they change. All registration information you provide will be kept secure and processed in accordance with our privacy notice.

You warrant that:

The Personal Data which you are required to provide when you register as a user is true, accurate, current and complete in all respects; and

You will notify us immediately of any changes to the Personal Data by updating these details on your online account.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

6. Username and Passwords

During the registration process you may be allocated, or invited to choose, your own username and password which will be unique to you. You are responsible for keeping your username and password confidential and for ensuring that they are not used by any other person.

7. Ownership of Materials and License Terms

This website, the materials and software on it, or provided to you through it are protected by copyright, trademark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to, Link Pharmacy and/or third parties. You are permitted to display the materials on this website on a computer screen and, save for restricted access documents, to download and print a hard copy for your personal use or for obtaining products or services from us, provided you do not alter or remove any of the content or any part of the website without our express permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices.

You agree not to:

Copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivative works from all or any part of this website or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in our absolute discretion)

Use this website or any of the materials or software on it, or provided to you through it, for:

a. Any unlawful purpose or in contravention of applicable law;

b. Commercial exploitation without our prior written consent.

c. Any purpose or in any manner that may give a false or misleading impression of us, our staff or our services

Use, Upload or Transmit:

d. Any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress or which may affect or infringe the rights of any other person;

e. Any device, software, file or mechanism which may interfere with the proper operation of this website or our systems;

f. Establish a link to this website from any other website, intranet or extranet site without our prior written consent;

g. Decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through this website;

h. Do anything that may interfere with or disrupt this website or our service;

i. Encourage or permit others to do any of the above;

In the event that you do not comply with the above restrictions, any person affected by your actions may bring a claim against you and/or Link Pharmacy. We will pursue a claim against you for any losses and costs (including legal costs) we may suffer as a result of your actions.

8. Suitability of Materials

We do not give any assurance that the materials provided or available to you on or through this website are suitable for your requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials.

9. Website Availability

This website is provided free of charge and we make no guarantee that it will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of the website or any of its content at any time without notice and without incurring any liability.

10. Links from this Website

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

11. Monitoring

We may monitor activity and content on this website and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.

12. Security

We employ security technology as detailed in our privacy notice, however, Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you send to us from this website may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you send to us and you do so entirely at your own risk.

13. Accuracy of Medical Information

We take care to ensure that all information available on our website about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Medical, commercial and legal practice change frequently and the content on this website, in any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For accurate up-to-date information you should contact us and/or your GP directly.

14. Disclaimer

Link Pharmacy does not warrant or represent that the material on this website is accurate, complete or current or that the website will be free of defects or viruses.

Nothing contained in the pages of this website should be construed as medical, commercial, legal or other professional advice. Detailed professional advice should be obtained before taking or refraining from any action based on any of the information or material contained in this website or any communications provided to you as a result of your registration.

15. Use of this Website Outside the Republic of Zambia

Link Pharmacy makes no claims or representations that any or all of the content of this website may be lawfully viewed or downloaded outside the Republic of Zambia and, unless otherwise specifically stated, the content and this website is directed solely at users who access this website from the Republic of Zambia.

If you choose to access the website from outside the Republic of Zambia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

16. Liability for Our Mistakes

We will not be liable for any loss or damage (in contract, negligence or otherwise) where:

(a) there is no breach of a legal duty of care owed to you by us;

(b) the loss or damage is not a reasonably foreseeable result of any such breach; or

(c) any loss or damage or increase in loss or damage results from a breach by you of these terms and conditions.

Nothing in these terms and conditions excludes or limits our liability for fraudulent misrepresentation or for death or personal injury caused by our negligence. Nothing in these terms and conditions shall affect your statutory rights.

17. Third Party Rights

Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party and a person who is not a party to these Terms and Conditions has no rights to enforce them.

18. Waiver

No delay or decision not to enforce rights under these Terms and Conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.

19. Governing Law

These Terms and Conditions are subject to the laws of the Republic of Zambia and each of us hereby submits to the non-exclusive jurisdiction of the courts.

We reserve the right to change these terms and conditions at any time. The new version will be posted on this website and will take effect immediately upon posting.

If you use the website after the new terms and conditions have come into effect, you will be indicating your agreement to be bound by the new terms and conditions.

20. Online Pharmacy (Prescription Ordering)

The following terms apply to your use of the Link Pharmacy prescription ordering service. These are additional to and supplement our general website terms and conditions which also apply.

If you have any questions concerning this service, please contact us.

21. Register

Registration to use our web services will take place on the Link Pharmacy’s website www.linkpharmacy.co.zm.

22. Prescriptions for Persons Other than Yourself

If the prescription is for a person other than yourself, you will need to have the authority of the person whose prescription it is to have it dispensed by us. By placing an order to dispense another person’s prescription you confirm that you have their authority to do so.

23. Age Restrictions

We only accept prescription orders from users who are 18 years old or over although they may order prescriptions for persons who are under 18. By placing an order, you confirm that you are at least 18 years of age.

24. Residency

We only accept prescription orders from and dispatch prescriptions to addresses in the Republic of Zambia. Whilst we are happy to dispense prescriptions to users outside of Zambia, we currently do not have objectives to do so.

25. Call Charges

Calls to our customer care line are charged at local rates. Your mobile operator's normal charges will apply to calls from mobiles.

26. Binding Agreement

No Prescription Order placed by you will be binding on us until we have confirmed the order to you by email or in writing. We reserve the right to reject any order.

27. Verification of Prescription

When we receive a prescription from you we will verify it against the information provided to us at the time the order was placed. In the event that the information does not match with your original order, we may try to contact you using the information in your registration. If we cannot contact you and we are unable to dispense the item(s) on your Prescription Order we reserve the right to return your prescription to you.

28. Prescriptions Charges

For Medical prescriptions, you will be required to confirm eligibility. It is your responsibility to give accurate information and to not make a false declaration.

29. Postage and Packaging Costs

Medical prescriptions are delivered by courier agency accredited by Link Pharmacy for a fee. Delivery of any order regardless of weight within Lusaka (Capital City) is K50. For delivery of your packages or orders outside of Lusaka, see the table below.

Postage and packing costs will be added to the cost of your order and will depend on the total cost of the items you order and, where delivery options are provided, the option you choose.

In providing payment card details, you confirm that you are authorised to use the card and authorise us to take payment in full for the applicable prescription charges, postage and packing charges and any other charges that become due to us under these terms.

30. Non-Receipt of Prescription

If you place a prescription order and we do not receive the relevant prescription, we will not have any liability to you and it will be your responsibility to contact us within 20 days regarding your prescription order.

31. Non-Availability/Suitability of Products

If any of the items on your prescription is not available, or is not suitable for dispensing through this service, we will try to contact you using the information in your registration and refer you accordingly.

32. Notification of Errors

You should check the items dispensed to you carefully and promptly upon receipt. If you believe there may have been a dispensing error, you should contact us immediately and should not take or use any of the items.

33. Warning

You must check all items dispensed to you and should not take any medication that appears to have been tampered with or which may have been dispensed in error.

34. Merchandising - Purchase of Goods

The following terms apply to the purchase of goods and services from Link Pharmacy. These are additional to and supplement our general website terms and conditions which also apply. These terms and conditions may be amended at any time and the terms and conditions that apply for each order will be those on the website at the time you place your order.

If you have any questions concerning the service, please contact us. These terms and conditions contain important information about your rights and are legally binding. You should print and keep a copy of them for your records.

35. Placing an Order

It is your responsibility to check that your order is accurate before submitting it to us.

36. Pricing

All prices on this website are in Zambian kwacha and include VAT unless expressly stated otherwise. We take care to ensure that all pricing information on our website is accurate but occasionally there may be an error. Online pricing and promotions may differ to in-store and will be marked as online exclusive.

37. Returns, Refunds and Exchanges

We hope you will be happy with any items you’ve ordered from us, but if you’re not entirely satisfied, you’ll find details of our returns policy here and below. We strongly advise all our clients to thoroughly check their products before making their purchase and before leaving the store to ensure that they have the right products. We accept return and refund requests for products purchased in store and online.

All items subject to this policy must be returned in its original packaging and in an unused condition. All seals must be in place. The Original receipt must be produced as proof of purchase from the store of all items being returned or exchanged. Return and exchange requests have to be made within 7 days of purchase. If 7 days have gone by since your purchase, unfortunately we cannot offer you a refund or exchange.All returns, refunds and exchanges can only be processed in store. Please do not send your purchase back to the manufacturer.

Once your return is received and inspected, our store manager will submit the item to our headquarters whereby it will be determined if your refund has been approved or rejected, based on our company policy. Returned items will undergo a strict process of assessment of its condition before a refund or exchange will take place. If your refund is approved, it will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 5-10 business days. Accepted returns will be processed and paid via the original payment platform or to the card originally used for payment.

Note that, if you encounter delay in receiving your refund within the above provided period, it may be an issue from your card issuer or bank, over which we have no control.

Contact our customer care line along with a proof of purchase to request your refund.

38. Refund, Return & Exchange Exclusions

Unfortunately, we do not under any condition accept return and refund requests on medication and prescription items or any item that has a seal because there is no mechanism to confirm the items have been handled or stored according to specified instructions.

Several types of goods are also exempt from being returned. Perishable goods such as food, newspapers or magazines cannot be returned. We also do not accept sanitary or intimate products, hazardous materials, or flammable liquids. Additional non-returnable items include gift cards and some health and personal care items.

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

We only replace items if they are defective or damaged at the time of purchase or if they were sent in error by staff. Items that are unavailable for replacement will be automatically refunded.

39. Cancellation of Orders

Once you make a payment through your credit or debit card, you no longer can cancel the order. Please contact our customer care line and we will advise you on how to proceed.

Special orders

Requests for special orders made by you from us will be deemed valid after 50% of the total cost has been paid. You agree to bear any cost that may arise from the price change and quantity change in accordance with regulation of Zambia. We will not be responsible for refunds of the 50% payment made prior to your order in a situation where you cancel the order.

40. Accuracy of Product Information

We try to ensure that all information and colours are correct at the time of their publication. However, the representation of colours on your browser may differ from the actual colours of products supplied. Any typographical, clerical or other error is subject to correction without any liability on our part. Any advice or recommendation given on this website or otherwise given to you by us, or any of our employees or agents, is followed or acted upon entirely at your own risk and we are not liable for such advice or recommendation.

41. Concluding a Binding Contract

When we receive an order from you to purchase items from us, we will confirm that we have received the order by email to the address provided by you in your order. Your order is an offer to purchase an item and will not be binding on us until you have received an email to confirm that we have dispatched that item to you.

Our professional codes of conduct and legal restrictions may limit the number of any item we are permitted to supply to you and, as such, we have no obligation to supply quantities exceeding the relevant permitted maximum and will charge only for those we do supply. We reserve the right to reject any order.

The postage and packaging charge you will pay will be displayed on screen before you confirm your order to us. Where multiple items are included in one order, we will attempt to deliver your items together.

42. Order Delivery

Pharmacy Medicines will need to be signed for by someone aged 18 or over. If there isn't anyone in who can sign for your order, kindly contact us to arrange a suitable delivery time and date.

Unfortunately, if your order can't be left in a safe place or with a neighbour. The courier may attempt to deliver your parcel twice, before contacting you to arrange for collection from their depot or return it to us.

43. Payment

In providing payment card details, you confirm that you are authorised to use the card and authorise us or our payment service provider to take payment in full for the items in your order, postage and packing charges and any other charges that become due to us under these terms.

Our payment service providers are secure and easy to use for making payment, verification and authentication. We accept purchase payments via: VISA, MasterCard, Airtel Mobile Money, MTN Mobile Money, Zamtel Mobile Money and PayPal.

Refunds, if applicable, will only be made to using the payment gateway and/or card originally used for payment.

44. In-store

When making payments at our store, you may be asked to insert your card and key in your PIN. If you are using chip and PIN, this type of payments will remain the same. When shopping with us, please make sure that you know your PIN code or have an alternative payment method available so you can continue with your transaction.

45. Non-Availability/Substitutes

We reserve the right to change the specification of items which are required to conform to any applicable standards or Zambian Law requirements. We try to have sufficient stocks of goods to meet demand but, occasionally, items may be out of stock or unavailable from our suppliers. All items sold through this website are subject to availability. Medication will be dispensed as per prescription submitted. If any of the items on your order is not available, we may send a substitute of similar specification.

46. Liability

Our maximum liability for our failure to fulfill an order that we are legally bound to fulfill will be limited to the price paid by you for that order.

47. Complaints

If you have any complaint with any aspect of our services, we enjoin you to raise this in the first instance through our customer care channel

48. Force Majeure

Neither party shall be entitled to damages from the other party, or to terminate this Agreement where the other party acts in default or material breach of this agreement where that default or breach was caused by conditions or events beyond its control including, but not limited to, strike, lockout or other labour dispute affecting the employees of Link Pharmacy, acts of God, natural disasters, acts of war or terrorism, power or utilities supply failure, act or omission of government, highway authorities or telecommunications carrier, operator or administrator, delay in manufacture, production or supply by third parties of equipment or services required for the performance of the services or production and supply of the goods;

The party in breach of default shall be entitled to a reasonable extension of time to perform its obligations under this Agreement after notifying the other party.

49. Assignment

Link Pharmacy may assign its obligations under this Agreement to a third party without the user’s consent.

Nothing in the preceding sub-clause shall, however, prevent the user from enforcing its rights under this Agreement against Link Pharmacy.

The User may not assign any of its rights or obligations under this Agreement without the written consent of a Director of Link Pharmacy.

50. Severability

If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

51. Miscellaneous

You acknowledge and agree that this Agreement constitutes the complete and exclusive agreement between you and Link pharmacy concerning your use of the website and supersedes and governs all prior proposals, agreements or other communications.

Nothing contained in this agreement can be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.

52. Waiver

The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.

53. Notices

All notices and other communications provided for in this Agreement and any associated document shall be in writing and shall be delivered by post, fax, email or hand to an authorised representative, to the address, fax or email detailed on the website. Any notices served shall be deemed to be effective on actual receipt by the receiving Party, who shall acknowledge receipt within two working days of the date of receipt.

54. Applicable Law and Venue

This Agreement and the relationship between you and us are governed according to the laws of the Republic of Zambia, without regard to the conflicts of law provisions thereof. Any disputes must be brought exclusively in the state or federal courts located in Zambia, and the parties hereby consent to the jurisdiction of such courts.

55. Entire Agreement

This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.

56. Changes or Updates

It is in our absolute rights to modify, change, alter, delete or review this Agreement at any given point in time without recourse to your consent. Such updates will be effective immediately we post it on the website.