Terms & Conditions

In compliance with the Privacy Policies, the terms governing your purchase and use of ePharmacy products and services are as follows and constitute between you a legally binding agreement and ePharmacy, a fully licensed Pharmacy.

For these terms and conditions of service, wherever the term ‘you/user’ comes in shall mean any natural or legal individual who has downloaded and installed this mobile application (‘referred to as app’) and registration data provided during application registration in the app or by visiting the website by entering the domain name in any web browser. Any services provided by the website/app which do not require registration does not exclude you from the contractual relationship laid down in this agreement.

Wherever the situation demands, anybody permitted to practice medicine by the NMC (Nepal Medical Council) shall be referred to as a doctor/registered medical practitioner or any Regional Council duly approved by a government for the registration of doctors/registered practitioners who will be verified and authenticated by us.

You are bound by these Service Terms and any other contractual agreement as determined by the Company when you download and install this app. Before acknowledging this, you are requested to read them carefully and continue to use the website/app.

When you visit, view, connect or otherwise use any of the services or information created, collected, compiled or submitted to www.epharmacy.com.np, all following sale/service terms and conditions will be deemed to have been agreed upon. Please read these Terms carefully before using this website and app, because you agree to be bound by them. Please do not use this website/app if you do not agree with these Terms and Conditions.

1. ACCOUNT CREATING:

1.1 Using some website/app features (e.g. ordering products, posting rating/reviews, receiving ePharmacy e-newsletters), you need to set up an account at epharmacy.com.np and as needed in the customer information form, provide certain information about yourself, including your name, gender, e-mail address, password, mobile phone and billing/delivery address. Our Privacy Policy protects all your registration information.

1.2 You reflect and promise that your submitted information on the registration process is true and accurate and that the information you provide will be reliable.

1.3 Your username and password for your ePharmacy’s account are personal. You cannot transfer your account and are liable for your ePharmacy’s account activities.

1.4 epharmacy.com.np is not responsible for any loss or damage as a result of your failure to keep your credentials confidential. You shall immediately alert epharmacy.com.np should you suspect any improper use of your ePharmacy account.

1.5 It is up to you to maintain your e-mail address in your epharmacy.com.np/app account so that we can communicate electronically with you.

1.6 You agree to receive communications via email, mobile, text messages and chat from us by creating this account. You are in favor of notifying us by email, if you wish at any time to stop receiving communications from us.

2. PRIVACY POLICY:

2.1 In accordance with our Privacy Policy, your personal identifiable information will be used. Refer to our Privacy Policy to understand our practice of collecting, utilizing and disclosing your personal information, which governs your epharmacy.com.np visit as well.

2.2 We understand that the privacy of all the information you provide is essential. We will do everything we can to make a cautious and sensitive use of it. Such information is never exchanged with other businesses or third party service providers.

3. COMMUNICATIONS:

By using this website/app it is deemed that you have approved the use of the telephone number given by the user, according to the Privacy Policy, to receive auto-dialed or pre-recorded messages or calls at any time from us. This includes interacting with you via information received from other parties and contacting other parties with information which you provide to us. You also agree to receive SMSs from us whenever we deem fit by using this website/app. This consent is for reasons which include clarification calls, advertisement and promotional calls and are not limited to. If you wish us to stop contacting you, you can email us at [email protected].

In furtherance of our rights, responsibilities and obligations in compliance with other arrangements, contracts and procedures adopted by us, you may also be approached by service providers with whom we have entered into a contract. Such communication will only be made, according to the respective contracts, agreements and/or policies.

The information exchanged by you shall be subject to the Privacy Policy. Your contact information shall not be revealed to third parties not connected to the website/app, to the services offered or for any reason not related to the company's activities. For additional information refer to the 'Privacy Policy'.

4. SECURITY POLICY:

All transactions in epharmacy.com.np are safe when ordering online. The 256 bit Secure Sockets Layer (SSL) encryption technology is used to encrypt your personal information, before it has been transmitted over the Internet, which ensures confidentiality and high security levels.

5. CUSTOMER MEMBERSHIP/USAGE/ELIGIBILITY:

The website/app membership/use is limited to those older than 18 years old, or for a group that could be called the 'majority' according to the law of the respective jurisdictions where this website/app can be seen and is open to or independent minors, who has legal consent of parent or guardian, or are in a position to enter into the terms, conditions, commitments, affirmations, representations and assurances set out in the following terms and conditions of service thoroughly and competently, and to accept these Terms of Service and to comply with them.

Furthermore, the confidentiality of your username and password is to be strictly secured by you and you will be deemed to have carried out any operation in the account. If you provide us with incorrect and inaccurate information or the company has reasonable grounds to believe that you did so, we hold the rights without warning and without being held responsible for the suspension of your account and/or termination of this agreement.

You agree that the app you download/or the website you use on your phone or tablet is our property and the website/app may be updated automatically, and these terms also apply in respect to the updates. We reserve the right without notice to terminate this agreement and without any reason suspend the account.

6. PRICE AND PAYMENT:

The website/app can be installed and used at no charge and it includes only the use of certain website/ app features. You agree that, at the discretion of the company, this no charging policy may be changed at any time. Nevertheless, you are required to pay for consultation if you use the website/app to choose a doctor/registered medical practitioners and book an appointment. For video or telephonic consultation, you are required to pay before the appointment and the patient shall pay the registered doctor/registered medical practitioners after consultation in case of clinic consultation.

For this reason, any user who opts for the services offered on our website/app would be included as a buyer. Seller means Us/Website/App/Company.

When using any payment methods accessible through the website/app, we shall not assume any obligation or liability whatsoever, in relation to any loss or damage, either directly or indirectly to you due to:

1. Missing of any transaction(s) authorization, or
2. Exceeding the mutually agreed preset cap between you and 'Bank(s)', or
3. Any payment difficulties during transaction, or
4. Denial of transaction for any other reason(s).

You shall be obliged to pay for the services you render in Nepalese Rupees on the website/app. The website/app will not entertain transactions in any other form of currency with respect to purchases made on website/app.

 6.1 The product prices in the app/website are inclusive of all applicable taxes.

6.2 We do our utmost to ensure that items prices and availability on our website/app are updated. In rare circumstances, however, product prices error or a product availability error may occur. We are not liable for any typographical errors in these circumstances and reserve the right to cancel the transaction.

6.3 We reserve the right to rectify pricing and product availability/description inaccuracies or omissions, even after the order has been submitted, and at any time without prior notice to change or update any other information.

6.4 Delivery times can vary depending on the place of delivery and the type of product you order.

6.5 The payment can be made by any of the following payment methods:
Credit/Debit Card or Cash on Delivery or Online Wallets.

6.6 Our online payment services partner process payments via credit / debit card or Wallet.

7. USE OF INFORMATION ON THE WEBSITE/APP:

7.1 The material on this website/app is not a replacement for specialized medical advice or care. You must not make medical decisions, and if you have any questions about your medical condition, you should seek advice from qualified healthcare professionals.

7.2 No viewpoints or views included in the website or app content is supported by epharmacy.com.np, or other information that our services offer. Sending any request or query about our products does not create a professional relationship between you and epharmacy.com.np.

8. THIRD PARTY INFORMATION:

Our content includes the content of the website/app, which includes all text, graphics, UIs, visual interfaces, images, trademarks, logos, sounds, music, design documents and artwork (hereinafter referred to as ‘Content’). All links connecting to third party content available in the website/app might not be associated with us. We are merely an intermediary of those content and we do not have any control over contents created by a third party. If any of the Third Party Content violates another person's intellectual property, any loss caused is the sole responsibility of the Third Party and we're not responsible. To report any such material, you can send an e-mail to [email protected].

Except if expressly permitted, any use and duplication, republishing, downloading, writing, publicly showing, encoding, translating, transmitting or distributing of our Content (including "mirroring"), to any other publication or distribution medium, server, website or other platform or any commercial company, is not permissible without our express prior written consent.

9. USER CONTENT:

Contents uploaded or posted will become our property and grant us rights that are universal, permanent and transferable. We have the right to, in compliance with the applicable law of our Privacy Policy, use the Content or any of its components forever for any kind of using, for promotional and advertisement purposes, but not limited to and in any media currently known or later conceived, including the production of derivatives which may contain any material you provide and no payment or fee shall be provided for such use. You also authorize us to grant these rights to be sub-licensed and to take action if these rights are breached. We reserve the right of modifying or deleting material posted on or saved on this website/app or storing or publishing it on our servers.

Those who add any user content to the website/app have to check that the content‘s information are valid and authentic, time, place and nature included. Before such material is made available on the website/app, we have the right and authority to check the accuracy of such data related to the content with the respective sources provided by the user, if we think the accuracy needs to be monitored. We have the right, after collecting and verifying the information, to upload content on behalf of third parties. Nevertheless, for any false or misleading material, we cannot in any way be held responsible.

If any content in any jurisdiction in which the website/app can be viewed and accessed is deemed to be unlawfully or contrary to law, we shall immediately delete it, when the authorities in the respective competence inform us that this material is considered illegal. We cannot accept responsibility or be questioned for it.

10. USER OBLIGATIONS:

You are a restricted user of this website/app.

10.1 You may not use any information or software from the website/app, copy, distribute, alter, reverse engineer, disseminate, upload, publish or create derivative work. Limited use may be permitted with our prior permission. To resolve any doubt, it has been explained that it is not allowed to reproduce unlimited or wholesale material, copy content for commercial or non-commercial purposes and to change data and information in the sense of the content of the website/app. You are not permitted or allowed on behalf of third parties to (i) make copies of the website/app and distribute them (ii) try copying, reproducing, updating, reverse engineering, dismounting, decompiling or translating the website/app; (iii) build derivative works of any kind of the website/app.

10.2 You accept that you will not access (or attempt to access) the website/app and/or the materials or resources by any means other than through the website/app. Use of deep-link, robot, spider or other automated tool, software, algorithm or methodology, or any manual process similar or equivalent, to access, gain, copy or track any part of the App or Content, or reproduce or circumvent in any way the navigational structure or presentation  of  the website/app, materials or any content, to obtain or attempt to obtain materials, records or information by any means not specifically made available via the website/app. Through accessing or using the website/app or products, you accept and consent, you may be exposed to other users' content that you may find offensive, inappropriate or otherwise unacceptable. On the website/app, we disclaim all liabilities arising from such offensive content. However, by sending us an e-mail to our official e-mail address you can report such offensive content.

10.3 By nature, this website/app enables you to upload information; you undertake to ensure that the content complies with applicable laws. In addition, you agree not to:

1. Abuse, harass, threat, slander, disillusion, erode, abrogate, demean or otherwise violate other people's legal rights;
2. Engage in any operation that interferes with or disrupts access to the website/app or the Services (or the website/app servers and networks);
3. Impersonate another person or entity or state your association with a person or falsely or otherwise misrepresent;
4. Post any file that infringes other legal entities' copyright, patent or trademark.
5. Upload or distribute files containing viruses, corrupted data, or any other similar software or programs that could damage the activity of the website/app or the computer of another;
6. Download any file posted by another user of a Service that you know, or should fairly know, cannot be distributed lawfully in this way;
7. Investigate, scan or test the website/app vulnerability or any network connected to the website/app, or infringe website/app security or authentication measures or any network connected to the website/app. You may not reverse check, monitor or attempt to find any details of any other user, or visitor, or any other customer to the website/app, including any account you do not own, at its source, or exploit the website/app or service or data made available or offered by or through the website/app, whether the intention is to disclose any information or not, including personal identification details, but not limited to, as given by the website/app, other than your own information;
8. Disrupt or impair with the security of, or else it is harmful to the website/app, system resources, accounts, passwords, servers or linked networks or accessible via the website/app or any related or associated websites;
9. Collect or store other user data relevant to the forbidden behavior and behaviors set out in this section.
10. Use the website/app or any material or content for any reason that is unlawful or prohibited by these Terms of Service or request that any illegal activity or other action that infringes the rights of this website/app or other third parties be carried out;
11. Violate any code of conduct or other rules that may refer to or on behalf of any particular Service;
12. Violate for the time being any relevant laws or regulations in or outside Nepal;
13. Violate the Terms of Service, including but not limited to any other relevant website/app terms found herein or anywhere else;
14. Violate any code of conduct or other rules specific to or applicable to any Service;
15. Threaten Nepal’s unity, independence, protection, security, or sovereignty, friendly relationships with foreign states, or public order, or cause incitement to commit any known offense, or prevent investigation of any offense, or insult any other country.
16. Publish, post, and disseminate false, inaccurate or misleading information; violate any laws or regulations in place in or outside Nepal for the time being;
17. Directly or indirectly, sell, attempt to offer, trade or attempt to trade in any item which, for the time being, is prohibited or limited in any way under any applicable law, rule, regulation or guideline.
18. Creating liability for us or causing us to lose (in whole or in part) our Internet service provider's services ("ISPs") or other providers;

While we are not liable or accountable for any such actions on your part to the Users, violation of this provision would result in possible criminal charges against you, either from other website/app users or from us.

We may (and hereby expressly authorize) disclose any information about you to law enforcement officials or other government officials, as we, in our sole discretion, consider it necessary or appropriate to investigate and/or resolve possible crimes, in particular, those that may involve personal injury. You understand that we have the right to disclose any information at all times (including identification of the individuals providing details or content on the website/app) as necessary to comply with any applicable law, regulation or government request. This may include, but is not limited to, the disclosure of information in connection with the investigation of alleged illegal activity or request for illegal activity or in response to a lawful order of the court.

We do not have an obligation to monitor the material posted on the website/app. We shall have the right to remove or modify any content that is in breach of its sole discretion, or it is alleged that it infringes any applicable law or the spirit or letter of these Terms of Service. Given this right, you just consent to the MATERIAL CONTENT you are publishing in the website/app. We shall not presume in any situation or be accountable or liable for any posted content or for any claims, damages or injuries resulting from content use and/or Content presence on the App. You hereby reflect and guarantee that all rights in and to all content that you provide and the details it includes and that no proprietary or other rights of third parties are breached by such Content or contains any information that is defamatory, tortuous, or otherwise illegal.

11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

11.1 All of the content, products or services that are included in this website/app are made available to you by epharmacy.com.np on an “as is” and “as available” basis, either expressed or implicated, in particular, in the degree permitted by law applicable we preclude warranties of any kind. You expressly consent to be solely responsible for your use of this website/app.

11.2 epharmacy.com.np shall not take responsibility for any losses or viruses caused by access, use or browsing on this site that may corrupt your device or other property.

11.3 epharmacy.com.np has made reasonable efforts to ensure that information published at the time of publishing is correct; nevertheless, we shall not be liable for errors in such records. We reserve the right in our sole discretion to delete or change any information contained on the website/app.

11.4 The adequacy, currency or comprehensiveness of website/app content cannot be guaranteed by epharmacy.com.np. The reliability, consistency or protection of products available on the website/app is not assured or endorsed by epharmacy.com.np.

11.5 We disclaim all liability for any injury to individuals arising from the guidance or items specified in the website/app. No supplier of medicines or other products on the website/app is affiliated with epharmacy.com.np. We do not guarantee that your requirements will be met by the website/app or its content.

11.6 Please notice that while ePharmacy has tried hard to show the colors of the products correctly on their website/app, your monitor will define on the actual color you see. We cannot ensure that the color display of your monitors is identical to that of your delivered products.

11.7 We can allow you to view and interact with us through the services of social media such as Facebook and Instagram. ePharmacy expressly disclaims all liability for the terms and conditions of use and the rules regulating the web pages of such third parties which are not affiliated in any way with us.

11.8 epharmacy.com.np does not take any responsibility for damages or injuries sustained because you rely on epharmacy users' product reviews.

11.9 epharmacy.com.np reserves the right at any moment, without warning, to change or delete any aspect of the website/app or its contents.

11.10 The contents of this website are for informational purposes only and not intended to be a substitute for professional medical advice, diagnosis, or treatment. Please seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay in seeking it because of something you have read on this website. 

12. APP/WEBSITE AVAILABILITY:

We are careful to ensure epharmacy.com.np website/app is available 24 hours a day, 365 days a year. However, because of maintenance, server or other technical problems, or for reasons beyond our control, the website/app may become temporarily unavailable. epharmacy.com.np does not guarantee uninterrupted access to this website/app or any site/app linked. However, if we know about the planned maintenance of our website/app, we can issue a notice, but are not obliged to do so.

13. LINKS TO THIRD-PARTY WEBSITES:

Our online payment processing providers connect to third-parties websites, which manage your Mobile Banking and Credit / Debit Card payments. We are not responsible for whether these connected pages or sites are available or functioning properly and no liability for loss or disadvantages resulting from the use of such website link shall be held to us.

14. TERMS OF SALE:

14.1 epharmacy.com.np may, at its absolute discretion, approve or reject any order placed by a customer without liability.

14.2 epharmacy.com.np reserves the right on its website/app to discontinue any plan or offer.

14.3 The order quantity of any product available on epharmacy.com.np can be restricted without notice.

14.4 We acknowledge and agree that you have accurately divulged your personal details and personal health details and consent for its use by ePharmacy and/or its affiliated companies. You confirm that you have been examined by a doctor and don't need to be examined.

14.5 You understand that a licensed pharmacist at ePharmacy and/or its affiliates will sell and dispense all drugs.

14.6 You approve and nominate the Pharmacy ePharmacy and/or its employees if you are the patient / parent/authorized on behalf of the patient, to take all steps, sign all documents as your lawyer and agent and act on behalf of you as if for limited purposes you were personally present and acting for yourself (a) get a suitable prescription for any treatment submitted by you to the pharmacy; and (b) packaging and delivering your prescriptions. You hereby allow ePharmacy and/or our associates to deliver the order to your designated place via post/courier. This authorization includes but is not limited to the processing and use of personal and confidential health data as required for the execution of your request. “YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND ACCEPT THAT THEY ARE ASSOCIATED WITH YOURSELF AND YOUR ASSIGNS, HEIRS AND PEERS.”

14.7 If you are the parent /legal custodian for the patient who is herein stated, you claim to have the full authority to sign and provide the above representations to ePharmacy and/or its affiliates on behalf of the patient. "You affirm that you are above age majority".

15. PRESCRIPTION MEDICATION POLICY:

15.1 A completely licensed and regulated pharmacy, epharmacy.com.np takes all the steps required to comply entirely with the laws and regulations laid down in the delivery of prescription drugs. You acknowledge and accept the following conditions for the purchasing of all prescription medicines with the ordering of your prescription medicines.

15.2 To order a prescription drug(s), you confirm by e-mail, Whatsapp or Facebook messenger that you are sending us a scanned copy of your valid prescription(s), and the inspection and acceptance of this medication by our professional pharmacists is subsequent

15.3 Should our pharmacists have any questions or concerns about a prescription(s), you permit them to check the validity of the prescription with an external doctor network.

15.4 epharmacy.com.np provides information about medicines for informational purposes only, and the purpose of this website/app is to give no diagnosis, treatment or medical advice. As a result of your reliance in the website/app, we are not liable for any negative effects or harms.

15.5 ePharmacy requires the user or customer or caregiver to confirm that they are fully aware of any symptoms, side effects, drug interactions, missed dosage effects or overdoses of the medications they order from us. Before buying or taking medication on epharmacy.com.np it is important to follow your doctor's advice.

15.6 A caregiver can order on your behalf prescription medicines at epharmacy.com.np.

16. CANCELLATION, RETURN AND REFUND POLICY:

Refund Policy:

We at epharmacy.com.np make sure you are entirely satisfied with our products. We do our best and on the basis of the following conditions, we will gladly grant a full refund:

Possible full refund if:
- you got a faulty item;
- during transit the item(s) ordered are lost or damaged;
- the ordered item(s) is past its expiry date

Please note: Depending on the circumstances, the refund process can differ. Please permit 7 to 10 working days to be credited to your account when refunding via credit/debit card or mobile banking. While we regret any inconvenience caused by this timeframe, the policy of the bank is that it affects the refund timetable, and we have no influence over it. Credit should be issued within 48 hours if the refund mode is by cash on delivery.

How to Request a Refund:

For a refund, simply e-mail us the specifics of your order, including why you request a refund. We take customer feedback seriously and use it for the continuous improvement of our service quality.

For questions, please contact our Helpdesk at 9808787939, 9863033500, email us at [email protected] or chat online with our Customer Service Managers.

Return Policy:

We make every effort to ensure that your goods are delivered to your specifications. If you receive an incomplete, damaged or incorrect order, to ensure prompt resolution, please inform ePharmacy Customer Support immediately or within 10 working days of receipt. Please note that if you do not contact us within 10 working days of receipt, epharmacy.com.np shall accept no responsibility for such delivery problems.

We also understand that under different circumstances, you may want to return a product or products that are not faulty. ONLY if you notify us within 15 working days of receipt, we can allow for the return of unopened, unused items after deducting a 20% restocking fee.

Return Policy Exceptions:

Please note that for the following product categories we cannot provide substitutes or exchanges: Injections, Health Monitor & Equipment and Ortho Support. epharmacy.com.np reserves the right, as indicated on the respective product pages, to deny returns (or refunds) for certain products, which is marked as "Note: This item cannot be returned for a refund or exchange."

17. CANCELLATION:

The website/app is only a link between the customer and the doctor/medical specialist for the service that has been booked. Once the appointment is made and the individual has obtained a confirmation, the company shall inform the doctor/registered medical practitioner who will render the consult at the established time, location and mode provided.

No amount shall be refunded once an appointment has been made and confirmed at our end in the event of cancellation. In some circumstances, however, the company shall allow the full or partial refund, at its discretion if a doctor is not available or if another doctor/registered medical practitioner has been arranged to consult. The Company's decision in these cases is final.

18. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS:

18.1 The website/app grants users/customers access to view the contents only for, visits, orders and communications as required by the Terms and Conditions of epharmacy.com.np. The copyright and/or other intellectual rights of Mahendra ePharmacy Private Limited shall be applicable to all materials in this website/app, including, but not limited to, images, illustrations, texts, logos and page headers included in this website/app. All other non-epharmacy.com.np trademarks on this website/app are the property of their owners respectively, who may or may not be affiliated with, connected with, or sponsored by epharmacy.com.np.

18.2 You accept hereby that the content of epharmacy.com.np will not be replicated, duplicated or copied for any reason, except in a separate agreement with this website/app you were specifically allowed to do so.

19. USER INDEMNIFICATION:

You agree to compensate, defend, and hold epharmacy.com.np harmless and its officers, administrators, staff, agents, providers of information, partners, licensors, advertisers, suppliers from and against all claims, damages, costs, reimbursement and expenditures, including fair legal fees and expenses, as a consequence of any violation of this agreement, or any activity connected with your account, or any material or information that you submitted or are going to submit to us in violation of any rule or in violation of any rights of third parties (includes but does not restrict, defamation allegations claims, breach of privacy, or any other intellectual property rights violation). We reserve the right to defend and control exclusively all claims arising from the above and any questions of such reimbursement, and hereby you agree to cooperate fully with us to uphold any defense necessary.

20. APPLICABLE LAW AND JURISDICTION:

These Terms and Conditions and your use of this website/app and its content shall, in accordance with the laws of Nepal governed by Nepal’s courts of jurisdiction, be governed and construed in all respects.

21. DISPUTE RESOLUTION:

These terms and conditions of service, without regard for their conflict of law clauses, are controlled and read in accordance with Nepalese laws. The failure to comply with or exercise the clause of this Agreement or similar rights on the website/app/company shall not constitute a waiver of such right or provision. The section titles used in this Agreement are solely for convenience and shall have no legal or contractual effect. Should this Agreement be terminated for any cause, you consent to agree as follows: provisions concerning your use of content limitations, the website/app/company license(s) you have issued, and any other conditions that are equitable or necessary to survive.

In the event that such conditions clash and the terms of any readable declaration or procedure, electronic or machine, these Service Terms shall take precedence. Likewise, these Terms of Service shall prevail in the event of disagreement between these terms and our Privacy Policy.

A two-step Alternate Dispute Resolution ("ADR") mechanism will resolve all disputes that involve but cannot be limited to rights, compensation, refunds or other claims. The parties agree further that, even after termination or expiry of the Terms and/or Policy, the contents of this Section shall continue.

1. Mediation: In the event of any dispute between the parties, the parties will try to settle amongst themselves peaceful, where both parties are equally satisfied. If within thirty (30) days of one party communicating dispute to the other party cannot reach a friendly solution, as stated herein, the conflict shall be resolved by arbitration:
2. Arbitration: If the parties are not in a position to settle a conflict through mediation, that dispute shall, by a sole arbitrator to be appointed by the Company, be referred to arbitration, and both parties shall be valid and binding upon the award given by such single arbitrator. For the trials, the parties are responsible for their own expenses, while in his sole discretion the sole arbitrator may, instruct any one party to bear the full costs of the proceedings. The arbitration shall take place in English, and the city of Kathmandu, Nepal, will be the site of Arbitration. The parties agree clearly that the terms and conditions, Policy and other agreements between them are controlled by Nepal’s laws, rules and regulations, and that exclusive jurisdiction for any dispute between the parties shall lie with the courts at Kathmandu.
3. SEVERABILITY:

Where any of these Terms and Conditions is unconstitutional, invalid or unenforceable for any cause, that clause is then considered separable from these Terms and Conditions, the validity and enforceability of any other provisions shall not be affected.

23. DISCLAIMER OF WARRANTIES AND LIABILITIES

You explicitly understand and agree that as far as the applicable law allows:

The website/app, resources and other contents offered are on an “as is” basis written, implied, contractual or otherwise, without any guarantee of any kind, including the conditional title warranties, for a specific purpose, non-infringement, marketability or fitness. We make no guarantee that, without limiting the foregoing:

• Your requirements will be fulfilled or services provided are continuous, timely, reliable, or error-free;
• The materials, data and results obtained will be effective, exact or reliable;
• Any website/app errors, services or other material errors or defects shall be rectified
• As far as the applicable law permits, we shall not be responsible for the content of users arising from intellectual property rights, defamation, anonymity, advertisement, obscenity or any other laws. However, we shall not be held responsible for any misuse, loss, alteration or non-availability of any user content.

The user understands and consent to the complete freedom and risks of any information or data that is downloaded or otherwise accessed via the website/app and are solely liable for any damage to their computer systems or loss of data resulting from such material or data download. No typographical error that leads to an invalid coupon will be held responsible by us. With respect to any information provided to you, whether on your own behalf or in the name of a third party, we assume no responsibility for any errors or omissions.

We shall not be responsible for any third party products or services.

24. SUBMISSIONS:

24.1 epharmacy.com.np is free to accept, edit or refuse any materials you may send us (collectively, "Submissions") as part of the website/app functionality, not limited to, but including, Ratings & Review, Ask Your questions to our Pharmacist and testimonials. Such submissions are not to be offensive for moral, religious, racial or political reasons or violent, illegal, obscene, defamatory, offensive, or otherwise intolerable nature. The transmission of such offensive material may contravene relevant pharmaceutical legislation, regulations and ethics.

24.2 All existing rights of any kind and nature in relation to submissions shall be considered by epharmacy.com.np as being its own. By posting, uploading, entering or sending your submissions, you grant the Submission for any purpose, unrestricted use, without you being compensated, including a non-terminable, non-exclusive and open license for using, copying, uploading, publicly displaying, conducting online, reproducing, editing, translating and reformatting the submissions; and in connection with your submission to publish your name.

24.3 You also represent and guarantee that you do not infringe upon your submissions, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, advertising rights or privacy rights.

24.4 It is forbidden for the user/customer to send, post or transfer any information or applications, which includes a virus, worm or other harmful component on the epharmacy.com.np website/app.

24.5 epharmacy.com.np does not endorse any submissions on its Website/app and is not responsible for them. We shall not take any liability for loss, harm or dependency on the knowledge caused by the submissions; including but not limited to comments, opinions and reviews posted by the user/customer, which may be incorrect, insulting, obscene, threatening or harassing.

25. DISCLAIMERS

You understand that the website/app is a platform that users use to locate doctors/registered medical practitioners and make appointments for consultation, find products and medicines. Whilst we take all the steps necessary to test the doctor's/registered medical practitioners authenticity, and the authenticity of the medicine and products, you accept that we are not responsible for any flaws including but not limited to the doctor/registered medical practitioners, neglect, disability or lack of knowledge from their end and the quality of the medicine and products provided by the manufacturers. We are not a party to this activity, nor do we accept any responsibility resulting from the actions of the doctor/registered medical practitioners or manufacturers.

Healthcare Services: All processing providers that deliver services through ePharmacy are independent professionals who are solely responsible for the services they provide. ePharmacy does not practice or intervene with medicine or any other licensed profession or any other Treating Providers’  licensed profession, each person is responsible for his/her services and compliance with his/her professional and licensing requirements. Neither ePharmacy nor any third parties who facilitate or link you to the Service will be responsible for any professional advice you seek from a Treating Provider through the Services.

Informed Consent:  The telehealth services you receive from treatment providers are not supposed to supersede your primary care or to be your permanent medical home. If a Treating Provider advises you receive emergency aid or follow-up care or if necessary, contact your primary care physician and other medical professionals and continue to do so as required. For monitor drug reactions, side effects or other adverse events, you have direct access for customer support services. Increased access to health professionals and accessibility are among the advantages of our services. Nonetheless, there are potential risks related to the use of telehealth, as with any health service. These risks are, but are not limited to:

• In rare cases, transmitted information might not be appropriate (e.g. poor image resolution) to allow the Treating Provider to make adequate healthcare decisions;
• Delays in the assessment or treatment of electronic equipment may occur due to malfunction. If so, you may be contacted by phone or other communication channels.
  In rare cases, lack of access to all your health records could lead to adverse drug interactions or allergic reactions or other judgment errors;
• Even though we use electronic systems to protect the data privacy and safety of health information, we implement network and device security protocols, Security protocols may in rare cases fail, resulting in privacy breaches of information on personal health

 

You acknowledge that you understand the following by accepting those Terms of Use:

You should expect the desired advantages from the use of telehealth in your care, but no stable performance can be assured. You agree that telehealth encompasses the laws protecting the privacy and security of health information, and received a Privacy Practices Notice from ePharmacy, which in more detail describes these safeguards. Electronic communications are sent to your Treating Provider(s) and their supervisees through a secure, encrypted, electronic health record video interface.

Your Treating Provider can find that some or all of your medical needs are not covered by the Services, and therefore opt out to not provide telehealth services through the website.

With respect to psychotherapy, you have the right to receive information on therapy methods from your treating provider, the methods used, the length of counseling (if known) and the fee structure. You can always seek another therapist's second opinion or terminate therapy at any time.

When you and your care provider agree to participate in group or couple therapy with respect to psychotherapy (collectively "group therapy"), you understand that group therapy knowledge is for therapeutic purposes and not for use with group therapy participants in any legal proceedings. You consent not to contact the care provider to testify for or against other participants in group therapy or provide evidence of court proceedings against other participants in Group Therapy.

You agree that whatever the individual in group therapy tells the care provider individually, whether or not on the phone, may be shared with other participants in group therapy at the discretion of the therapist. You agree to share the responsibility for the treatment process, including scheduling and termination, with the Treating Provider.

Through calling ePharmacy Customer Support, you can send messages to your Treating Provider. You should call the emergency ambulance number or go to the nearest emergency room if you have a health emergency.

All contact with your doctor/registered medical practitioners is a separate transaction which includes all consulting and consulting-related warranties without any limitation. We have no control over this information and do not play a decisive role in finalizing it and thus, the consequences of such contact shall not be held liable by us. We neither support nor guarantee the accuracy or reliability of a particular doctor/registered medical practitioners on the app. These recommendations made by other users shall not be confirmed or accepted by the Company.

Therefore, according to your details in our knowledge we can give appropriate treatments or services nevertheless, in the use of these facilities we do not guarantee any reliability or success. Under the above subclauses, the doctor/registered medical practitioners and you are bound by a contract and as such every contract infringement and hence, the doctor/registered medical practitioners and you alone are the victim of any lawsuits arising out of such a violation and we are in no way a party to or interested in any claim/neglect /damage etc. arising out of the same breach of this form of infringement.

Even though we authenticate and give consent to the doctor/registered medical practitioners, the creditworthiness and authenticity of the skills of the physician/registered medical practitioners, are to be checked by you. We cannot be held responsible for the same.

We are not responsible for any service failure if anything happens, not only due to a doctor/registered medical practitioners ' unavailability but also due to cancelations of the order. We cannot be liable for the general actions of the doctor/registered medical practitioners and for any unlawful acts by a doctor /registered medical practitioners we will not be held liable. It is recommended you make sure your assets are safe and secure.

In general, the contents of the website and of the app are summarized, is given for informational purposes only. The website and app content including, but not limited to, link, video, text, photos, graphics and other visuals; is only for information purposes and shall not constitute professional advice or any kind of recommendation.

For the contents of any materials provided on the app, we assure no accountability. Other website/app visitors are at your own risk, depending on any information supplied by us. We shall not be liable for any damage or injury caused by any use of any product, information, idea or instruction contained in the materials provided. We can alter or discontinue all aspects or features of this Website at any time without prior notice.

By this you grant us a non-exclusive, universal, permanent, irrevocable, free and non-licensable right to exercise in your knowledge, your copyright, publicity, and database rights in any now known or unknown media, with regard to your data in order to enable us to use the data for the purpose of the service provision.

You release us and/or its officials and leaders and indemnify them from any costs, penalties, liabilities or other effects of any action of the website/app Users and specifically waive any claims you may have in compliance with any relevant law in particular. Please note that the care of minors or persons who act under false pretense can pose risks.

The parties agree that the platform will not be held responsible neither to the doctors/registered medical practitioners nor the patients/users for whatever purpose it may be for some service /consultation/contact deal between them. Furthermore the platform/company is not responsible for any technological malfunctions of any kind, either by the doctor/registered medical practitioners or the patients/users.

The platform is only an intermediary and is not liable for disputes, claims, etc. between the doctors/registered medical practitioners and the patients/users for whatsoever reason it may be. Both are hereby compensating the client for any such allegations.

 

26. INDEMNIFICATION AND LIMITATION OF LIABILITY

You consent to pay, protect and keep this website/app harmless but not limited to including its partner distributors, agents and staff from and against all loses, liabilities, lawsuits, damages, proceedings, costs and expenses (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) claimed or incurred by us arising out of, outcome, or may be payable on account of, any violation or failure to perform any act, contract, arrangement or agreement you have been rendered or are expected to do so according to these Terms of Use. Further, you agree to hold us harmless from any accusations created by or resulting from, or in conjunction with, any third party your use of the website/app, any claim that your material has caused third-party damage, any breach of the terms of service, or the violation of any other rights, including any intellectual property rights.

We or our owners, managers, staff, partners or suppliers shall not in any way be responsible to you or any third party for any special, negative, incidental, consequential or punitive damages, including those resulting from the lack of use, date or profits, whether it is foreseeable or not or if we have been advised or not of the probability of such damages, or on the basis of any liability theory, including violation of the contract or warranty, Negligence or other torture, or any other argument that occurs, or in conjunction with your website/app usage and link, services or materials. To the maximum extent allowed by applicable law, the restrictions and exclusions in this section apply.

27. TERMINATION:

You accept that epharmacy.com.np, at its sole discretion and for no reason whatsoever, including no restriction if you violate these terms and conditions, your access and use of the website/app may be terminated at any time. You agree that your website/app access can be terminated or your account can be suspended without notice, and you accept that you are not responsible for any such termination by epharmacy.com.np. Your right to use the website/app/service of ePharmacy ends immediately upon termination of your website/app access/use.

 

 

28. CHANGES TO THESE TERMS AND CONDITIONS:

We reserve the right, without further notice to you, to change these terms and conditions from time to time. Any such changes we make will be effective after publishing on the website /app a revised version of these Terms and Conditions. It is your duty to check the terms and conditions of epharmacy.com.np on a regular basis. The continued use of the website/app after any such updates have been made, will constitute the decision to obey the revised terms and conditions and will be automatically bound by them.

29. MISCELLANEOUS

We reserve the right to change these Terms of Service in its discretion at any time without notice and to notify users of any such changes solely by modifying these Terms of Service. Upon publishing any updated Terms of Service, your continued use of the website/app would constitute your willingness to be bound by any such amendments. Upon publishing this Terms of Service, the use of this website/app will be regulated by the Terms of Service that applied at the time of use.

We can alter, cancel, discontinue or limit any portion of the Content at any time without notice or liability, including the availability of any portion of the Content. For any reason at any time, we can deny access to any person or user. Therefore, we can pass rights and obligations under this Agreement at any time to any affiliate, subsidiary or business unit, or any of its affiliates or divisions, or any entity acquiring us or any of its assets.

We reserve the right to block the use of the website/app if a customer is responsible for any violation of the Terms of Service. In no way can this be viewed as a waiver of any legal right under Nepalese law to claim any damages or to initiate any legal proceedings against the User.

 

Contact Information

Please contact us for any questions or comments regarding these Terms and Conditions.
Telephone number: 9808787939, 9863033500
E-mail: [email protected]