Terms and Conditions
By continuing usage of the Website/Application, you are consenting to be bound by these T&Cs for use and access of the Website/Application.
The Services constitute a technology platform that enables users of MYDAWA’s mobile applications or website provided as part of the Services to order for health and wellness products. The Services are made available solely for your personal, non-commercial use.
- You will be "Eligible" to use the Services only when you fulfil all the following conditions:
- You have attained at least 18 (eighteen) years of age.
- You are competent to enter a contract under the Applicable Laws.
- You have a valid registered mobile number
- You agree to comply with our terms and conditions of use
- If you are not Eligible, please immediately abandon all attempts to register with us or use our services.
- You acknowledge that we rely completely on the information provided by you and we shall not be held liable if you or anyone who uses your Account to access the services on the Website/Application is not eligible to use the same.
2. Creating an Account
- You understand and acknowledge that you can register on the Website/Application only after complying with the requirements of Clause 1 and through a valid mobile number and Email ID.
- You will be required to enter Your Registration Data on the Website/Application following which a One-Time Password (OTP) would be sent to the mobile number you have used to register. You will be required to enter the OTP to complete the registration process.
- Upon completion of the verification process in accordance with Clause 2.2 above, you will be added to our platform through which you can avail the Services offered on the Website/Application.
- You represent and warrant that the information you submit during registration via the Customer Information form is truthful and accurate and that you will maintain the accuracy of such information.
- You shall not impersonate someone else or provide account information, an email address or any other information that is not Your own. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you.
- In the event of any change in the said 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 promptly delivered and is not sent to any other entity/third party.
- We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period, if we have a reason to believe that the Registration Data or any other data provided by you is incorrect or false, or that the security of your Account has been compromised in any way, or any other reason we may find to do so. MYDAWA will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorized use of your MYDAWA account, you shall immediately notify mydawa.com on +254 20 521 9999 or email@example.com. We also reserve the right to suspend your Account with immediate effect and for an indefinite period upon receipt of any complaint from the Service Provider.
- You are eligible to only one account in respect of your Mobile Number and Email ID.
- Your MYDAWA Account username and password are personal to you. You may not assign or otherwise transfer your account and you will be responsible for the activities associated with your MYDAWA Account.
- By using the Mobile Application, you further agree that:
- You will download the Application for your sole, personal use and will not resell it to a third party;
- You will not authorize others to use your account;
- You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Application to cause nuisance, annoyance or inconvenience;
- You will not try to harm Application in any way whatsoever;
- You will provide us with whatever proof of identity we may reasonably request;
3. Customer eligibility
Customers or Users must be over 18 years of age and registered with us. MYDAWA.com is not intended for children under the age of 18. We will not knowingly collect information from MYDAWA visitors in this age group. If you are below 18 years of age, please stop any further use of the Website and the App.
4. Price and Payment
- All our product prices include all applicable statutory taxes.
- We make every effort to make sure that the pricing and availability of Products on our Website/App are accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors or other errors and we reserve the right to cancel the sale.
- We reserve the right to correct any inaccuracies or omissions related to the pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
- You can make the payment via any one of the following methods:
- Mobile Money:
- Debit and Credit Card
- AAR Insurance
- First Assurance
- Heritage Insurance
- Sanlam Insurance
- Britam Insurance
- Madison Insurance
- PACIS Insurance
- Madison Insurance
- Minet Insurance
- CIC Insurance
- Liaison Insurance
- APA Insurance
- Mobile Money:
5. Use of Information on the Website/App
- The information provided on the Website/App or through our services is intended for informational purposes only and is not intended to diagnose, treat, cure or prevent any disease.
- The information on this Website/App is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of your physician or other qualified healthcare professional with any questions you may have about your medical condition.
- MYDAWA does not endorse any views or opinions that may be included in the Website/App Content or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and mydawa.com.
6. Cookies Policy
- Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features such as product recommendations, interest-based advertisements on other Web sites (e.g., MYDAWA Associates with content served by MYDAWA), and storage of items in your shopping basket between visits. Any reference to "sites" of MYDAWA includes our MYDAWA website or mobile app.
- Identifying you when you sign-in to our site. This allows us to provide you with product recommendations, display personalized content, and recognize you as an MYDAWA user among other customized features and services we provide.
- Delivering content, including advertisements, relevant to your interests on MYDAWA sites and third- party sites. Our interest-based ads are subject to your preferences as described in the next section.
- Keeping track of your specified preferences. This allows us to honour your likes and dislikes, such as whether or not you would like to see interest-based ads. You may generally exercise your preferences through Your Account.
- Keeping track of items stored in your shopping basket.
- Conducting research and diagnostics to improve MYDAWA's content, products and services.
- Preventing fraudulent activity.
- Improving security.
- Cookies allow you to take advantage of some of MYDAWA's essential features. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Basket, proceed to Checkout, or use any MYDAWA products and services that require you to Sign in.
- The Help feature on most browsers will tell you 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 altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer.
- On MYDAWA owned and operated sites and unaffiliated sites, MYDAWA displays interest-based advertising using the information you make available to us when you interact with our sites, content, or services. Interest-based ads, also sometimes referred to as personalized or targeted ads, are displayed to you based on information from activities such as purchasing on our sites, use of devices, apps or software, visiting sites that contain MYDAWA content or ads, interacting with MYDAWA tools or using our payment services, like Checkout by MYDAWA.
- We do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads.
- MYDAWA offers you choices about receiving interest-based ads from us. You can choose not to receive interest-based ads from MYDAWA. You will still see ads but they will not be personalized. Also, as described above, you may modify the settings in most browsers to notify you when you receive a new cookie and disable cookies altogether.
7. Communication from MYDAWA
- By accepting these terms and conditions, you consent to receive communication from MYDAWA through SMS, email and in-app notifications. Such messages may include ordering information, notifications, targeted surveys or communications on behalf of MYDAWA partners and affiliates, as you consume our services and relevant to your interactions with MYDAWA. These messages will be relayed to you free of charge. Whoever has access to your mobile phone, your MYDAWA account or email address may also be able to see this information.
- The frequency of informational alerts we send to you will vary by your prescription activity, the services you receive or your transactions with us.
- Occasional promotional messages relevant to your interactions with MYDAWA may also be sent to you if you have opted to receive updates from MYDAWA.
- You will be allowed to opt-out of this service at any time.
- To stop receiving text alerts, text STOP to *456*9*5#. After you submit a request to unsubscribe, you will receive one final text message confirming that you will be inactivated in our system. No additional text messages will be sent unless you re-activate your subscription to text alerts.
- To stop receiving email alerts, please click on unsubscribe at the bottom of the email. You will be presented with a form and upon completion, no additional emails will be sent to you.
- MYDAWA reserves the right to terminate this service, in whole or in part, at any time without notice.
8. Disclaimer of Warranties and Limitation of Liability
- All information, Products and services included on or otherwise made available to you through this Website/App are provided by MYDAWA on an "as is" and "as available" basis, either express or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website/App is at your sole risk.
- MYDAWA assumes no responsibility for any damages or viruses that may infect your computer equipment, mobile phone or other property on account of your access to, use of, or browsing in this site.
- MYDAWA has exerted reasonable efforts to ensure that all information published on the Website/App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/App at our sole discretion.
- MYDAWA endorses the effectiveness, quality, or safety of the Products available on its Website/App.
- Please note that while MYDAWA has made every effort to accurately display the colours of products on its Website/App, the actual colour you see will depend on your device. We cannot guarantee that your device’s display of any colour will be the same as the colour of the Products delivered to you.
- MYDAWA reserves the right to modify or withdraw any part of the Website/App or any of its content at any time without notice.
9. Website/App Availability
We take all reasonable care to ensure the availability of the MYDAWA Website/App 24 hours every day, 365 days per year. However, the Website/App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. MYDAWA does not warrant uninterrupted access to this Website/App or any linked Website/App. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website/App.
10. Links to third-party Website/Apps
We may provide links to third-party websites/Apps, our online payment service partners, which process your payments. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such website/App link.
11. Terms of Sale
- Payment for your orders will be made as you complete the purchase.
- No credit facilities will be available and payment must be made in full.
- You will be required to provide a delivery address as part of the check-out process. All ordered products will be delivered to that address.
- For Prescription Orders, please ensure you personally receive your order to receive any counselling on medicine administration and handover the original prescription to the delivery rider as you receive up your order. We remind you that this is a legal obligation for the receipt of all prescription-only medication.
- For Insurance Orders, ensure you personally receive your order to receive counselling on medicine administration and process your biometrics against your insurance card. In addition, please handover the original prescription and Claim Form to the rider. Without both the original prescription and claim form, your insurer may decline to cover your medication.
- For Insurance orders, only prescription medicines authorized under your insurance cover will be dispensed. We will work closely with your doctor/insurance provider to ensure a seamless customer experience.
- MYDAWA will keep you updated on the status of your purchase throughout the ordering process until it is delivered to your selected location. Our shipping policy outlines our delivery timelines. These are our company objectives and not a contractual guarantee.
- MYDAWA may accept or decline any order placed by a Customer in its absolute discretion without liability to you.
- MYDAWA reserves the right to discontinue any program or offer on its Website/App.
- We reserve the right, without prior notice, to limit the order quantity of any Products available on our online store.
- You acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by MYDAWA and/or its affiliates. You confirm that you have had a consultation by a physician and the prescription provided is issued by a certified medical practitioner.
- You understand that all products shall be dispensed by a registered Pharmacist and authentication will be required to confirm that the product is of good quality.
- If you are the patient/parent/authorized person on behalf of the patient, you authorize and appoint MYDAWA and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent through Mydawa.com; and (b) packaging your prescriptions and delivering them to you. By making this purchase you hereby authorize MYDAWA and/or its affiliates to deliver the order to your designated location by courier. This authorization shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfilment of 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 parent/legal guardian/authorized person for the patient disclosed herein, you affirm that you are over the age of majority, and have full authority to sign for and provide the above representations to MYDAWA and/or its affiliates on the Patient's behalf."
12. Prescription Medication Policy
- MYDAWA, a fully licensed and regulated company, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
- MYDAWA will not dispense any prescription medication without a valid prescription from a licensed physician.
- 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 MYDAWA App or Website/App, and this prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacists.
- The drug information provided in the MYDAWA is for informative purposes only and the Website/App is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website/App.
- MYDAWA requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from MYDAWA.
- At MYDAWA, a Caregiver can order prescription medicines on your behalf.
13. Copyrights, Trademarks and other Intellectual Property Rights
- MYDAWA is a Registered Trademark.
- As per the Terms and Conditions of MYDAWA, the Website/App grants access to Users/Customers to view the content solely for visiting, ordering, and communicating with us only. All materials in this Website/App, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Website/App are copyrights and/or other intellectual properties owned by MYDAWA. All other trademarks not owned by MYDAWA that appear on this Website/App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MYDAWA.
- You hereby agree that you will not reproduce, duplicate or copy the content of MYDAWA for any purpose unless you have been specifically permitted to do so in a separate agreement with this Website/App.
14. User Indemnification
You hereby agree to indemnify, defend, hold harmless MYDAWA 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 legal fees and costs, 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 any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defences.
15. Applicable Law and Jurisdiction
These Terms and Conditions and your use of this Website/App and its content will be governed by and construed in all respects in accordance with the laws of Kenya.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
17. No Waiver
No failure on the part of MYDAWA to enforce any part of these Terms and Conditions shall constitute a waiver of any of MYDAWA's rights under these Terms and Conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by MYDAWA nor the reliance of any person on MYDAWA actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of MYDAWA shall have any legal effect whatsoever.
- MYDAWA reserves sole discretion to accept, edit or reject any and all materials you may send to us (“Submissions”). 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. Transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy.
- MYDAWA shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non- terminable, royalty-free and 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 MYDAWA Website/App.
- MYDAWA does not endorse and is not responsible for any Submissions on its Website/App. 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.
You agree that MYDAWA, 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/App, at any time. You agree that any termination of your access to the Website/App or suspension of your account may be effected without prior notice, and you agree that MYDAWA shall not be liable to you for any such termination. Your right to use the MYDAWA Website/App/Service immediately ceases upon termination of your access/use of the Website/App.
20. Changes to these Terms and Conditions
MYDAWA reserves the right to amend these terms and conditions from time to time. MYDAWA 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 under this Website, by use of your email address provided to MYDAWA or by any other suitable means which ensure that you will be able to take notice of the changes to these Terms and Conditions.
These Terms were revised and published on 25/09/2020.