Terms and Conditions

Welcome to www.eshop.harleys.co.ke (the “Website”). You may also access HARLEYS services through the HARLEYS App (the “App”) which has been installed on a mobile device. The following are the Terms and Conditions, read together with the Privacy Policy, that governs your purchase and use of the products and services (the "Products") from www.eshop.harleys.co.ke, and constitute a legally binding agreement, between you ("the Customer", the "User" or "the Caregiver") and HARLEYS Pharmaceuticals which is the licensed operator of www.eshop.harleys.co.ke in Kenya.

 

By visiting, viewing, accessing, or otherwise using any of the services or information created, collected, compiled, or submitted to www.eshop.harleys.co.ke, you are deemed to have agreed to all the following Terms and Conditions of Sale/Service. So, before you use this Website/App, please read these Terms and the Privacy Policy carefully as you agree to be bound by them. If you do not accept these Terms and Conditions, please do not use this Website/App.

 

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 HARLEYS 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.

 

1. Eligibility

 

You will be "Eligible" to use the Services only when you fulfill 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

 

To use certain features of the Website/App (e.g., ordering Products, posting rating/reviews, receiving HARLEYS e-newsletters), you must set up an account with www.eshop.harleys.co.ke (“eShop Harleys Account”) and provide certain information about yourself as prompted by the Customer Information form, including, your name, gender, email address, an account password, mobile phone number and date of birth. All of your registration information provided in the Customer Information form is handled and stored in accordance with the terms set out in our Privacy Policy. The data provided by you will be used for contacting you for all service-related matters.

By use of the Website/App, you consent to your personal data being collected, processed, stored, and shared in accordance with the terms of our Privacy Policy.

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.

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 of 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. eShop Harleys 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 eShop Harleys account, you shall immediately notify www.eshop.harleys.co.ke on +254 797955918 or hello@harleys.co.ke. 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 eShop Harleys 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 eShop Harleys 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 the 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. www.eshop.harleys.co.ke is not intended for children under the age of 18. We will not knowingly collect information from eShopHarleys 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:

  • Mpesa
  • Airtel
  • Equitel
  • Debit and Credit Card

 

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.

Harleys eShop website 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 www.eshop.harleys.co.ke

 

6. Cookies Policy

 

Visiting eShop Harleys website/App with your browser settings adjusted to accept cookies tells us that you want to use eShop Harleys products and services and that you consent to our use of cookies and other technologies to provide them to you as described in this notice and in our Privacy Policy. See below for information on how to modify the settings in your device to notify you when you receive a new cookie and disable cookies altogether.

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., eShop Harleys  associates with content served by eShop Harleys), and storage of items in your shopping basket between visits. Any reference to "sites" of eShop Harleys includes our eShop Harleys website or mobile app.

We also use cookies for additional purposes, including:

  • 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 a eShop Harleys user among other customized features and services we provide.
  • Delivering content, including advertisements, relevant to your interests on eShop Harleys 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 eShop Harleys content, products, and services.
  • Preventing fraudulent activity.
  • Improving security.

Cookies allow you to take advantage of some of eShop Harleys 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 eShop Harleys 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 eShop Harleys owned and operated sites and unaffiliated sites, eShop Harleys 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 eShop Harleys content or ads, interacting with eShop Harleys tools or using our payment services, like Checkout by eShop Harleys.

Like other online ad networks, we use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, "cookies"). Cookies enable us to learn about what ads you see, what ads you click, and other actions you take on our sites and other sites. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can be careful not to show you the same ones repeatedly.

We do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads.

eShop Harleys offers you choices about receiving interest-based ads from us. You can choose not to receive interest-based ads from HARLEYS. 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 HARLEYS

 

By accepting these terms and conditions, you consent to receive communication from eShop Harleys through email, and in-app notifications. Such messages may include ordering information, notifications, targeted surveys, or communications on behalf of eShop Harleys partners and affiliates, as you consume our services and relevant to your interactions with eShop Harleys. These messages will be relayed to you free of charge. Whoever has access to your mobile phone, your eShop Harleys 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 eShop Harleys may also be sent to you if you have opted to receive updates from eShop Harleys.

You will be allowed to opt-out of this service at any time.

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.

eShop Harleys 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 eShop Harleys 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.

eShop Harleys 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 on this site.

eShop Harleys 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.

eShop Harleys endorses the effectiveness, quality, or safety of the Products available on its Website/App.

Please note that while eShop Harleys 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.

We may let you view our information and communicate with us through Social Media services such as Facebook. eShop Harleys explicitly disclaims any responsibility for the terms of use and privacy policies that govern the use of these third-party websites/Apps, which are in no way associated with us.

eShop Harleys 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 eShop Harleys 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. eShop Harleys 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.

eShop Harleys will keep you updated on the status of your purchase throughout the ordering process until it is delivered to your selected location as per our delivery timelines. These are our company objectives and not a contractual guarantee.

eShop Harleys may accept or decline any order placed by a Customer at its absolute discretion without liability to you.

eShop Harleys 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.

 

13. Copyrights, Trademarks, and other Intellectual Property Rights

eShop Harleys is a Registered Trademark.

As per the Terms and Conditions of eShop Harleys, 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 eShop Harleys. All other trademarks not owned by eShop Harleys 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 eShop Harleys.

You hereby agree that you will not reproduce, duplicate or copy the content of eShop Harleys 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 eShop Harleys 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 defenses.

 

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.

 

16. Severability

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 HARLEYS to enforce any part of these Terms and Conditions shall constitute a waiver of any of eShop Harleys 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 eShop Harleys nor the reliance of any person on eShop Harleys 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 eShop Harleys shall have any legal effect whatsoever.

 

18. Submissions

eShop Harleys 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.

eShop Harleys 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 eShop Harleys Website/App.

eShop Harleys 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.

19. Termination

You agree that eShop Harleys, 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 eShop Harleys shall not be liable to you for any such termination. Your right to use the eShop Harleys Website/App/Service immediately ceases upon termination of your access/use of the Website/App.

 

20. Changes to these Terms and Conditions

eShop Harleys reserves the right to amend these terms and conditions from time to time. eShop Harleys 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 eShop Harleys 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 published on 17/2/2021.

 

Contact Information

Please contact us for any questions or comments regarding these Terms and Conditions.

Telephone number: +254 797955918

E-mail: hello@harleys.co.ke