T E R M S & C O N D I T I O N S
The purpose of these terms and conditions is to give an outline of the rules and regulations for the use of Broadway Pharmacy’s website. By accessing this website, we assume that you accept these terms and conditions in full. Do not continue to use Broadway Pharmacy’s website should you not accept all of the terms and conditions listed.
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
We reserve the right to:
Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to, or withdrawal of the Website; and/or
Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Consent
I understand that all the designs and trademarks are registered to Broadway Pharmacy and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Broadway Pharmacy for any civil action or any legal action deemed necessary against me.
We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website. All reasonable efforts are taken to ensure that your personal information is protected. All the information provided to us by you for the purpose of communication, identification, delivery and/or dispensing of your medicine will strictly remain confidential. This information will not be used for anything other than that which is stated in the Terms & Conditions of use for this service. We will not disclose, sell or rent your personal information to third parties.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.
We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.
By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.
This disclaimer shall always take precedence over any other disclaimer(s).
By viewing this website (www.broadwaypharmacy.co.za) you hereby acknowledge that you have read and accept the following Protection of Personal Information (POPI) disclaimer.
Broadway Pharmacy (“The Company”) shall take all reasonable measures to protect the personal information of users and for the purpose of this disclaimer “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act, Act 4 of 2013 (“POPI”).
The PAIA and POPI Acts are available online at www.gov.za/documents/acts.
The amendments listed on www.acts.co.za may be viewed at:
- www.acts.co.za/prom_of_access_to_info/index.html
- www.acts.co.za/protection-of-personal-information-act-2013/index.html
According to these definitions, personal information refers to information that identifies or relates specifically to you, for example, your name, age, gender, identity number and your email address.
The Company collects, stores and uses the User’s information primarily for the following purposes:
- To communicate requested information to the User
- To provide services to the User as requested by the User
- To authenticate the User
- To provide the User with access to restricted pages on this website
- To compile non-personal statistical information about browsing habits, click patterns and access to the Agency’s website
Whenever you use www.broadwaypharmacy.co.za, complete an application form, contact us electronically or use one of the services or facilities offered by us, we will collect your personal information.
The information we maintain concerning our clients is stored in databases that have built-in safeguards to ensure its privacy and confidentiality.
The Agency accepts no liability whatsoever for any loss, damage (whether direct, indirect, special or consequential) and/or expenses of any nature whatsoever which may arise as a result of, or which may be attributable directly or indirectly from information made available on these pages or links, or actions or transaction resulting therefrom.
The Laws of the Republic of South Africa will govern all terms and conditions of any products and services contained in these pages. Should you request products or services through www.broadwaypharmacy.co.zayou hereby consent and submit to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by each party against the other, and in any way arising from any stated terms and conditions.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
usly provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
General Disclaimer:
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
Any medical information or view expressed on this website is not intended to constitute “self-assessment”. Always consult your medical practitioner for diagnosis and treatment of medical conditions.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Broadway Pharmacy shall not be held liable for any injury, loss or damage to any person or property arising from the use of the products purchased from our store.
The following terms apply to your use of our Pharmacy applications including Pharmacy Plus, Whatsapp and Pack my Meds as well as medication ordered via phone, fax or email.
Dispensing of Medication
Personal details such as full name, surname, identity number, address and contact number is legally required to dispense all scheduled medication including over the counter medication. All personal information provided by you will remain strictly confidential.
For prescriptions ordered, in order to collect your medicine, you must produce the original prescription to our pharmacy upon collection of the medicine. Only the prescriptions of persons authorised to prescribe in South Africa will be dispensed. Prescriptions may not be older than 30 days from date of issue for one time prescriptions. In the case of repeat prescriptions, only valid prescriptions will be dispensed in respect to the number of repeats set out by the prescriber and the date on the prescription issued. Only 1 month supply will be dispensed for repeat or chronic prescriptions. All prescriptions dispensed are assessed by our pharmacists, however, the onus is upon you, the patient, to check the items dispensed to you carefully and promptly upon receipt. If you believe there may have been a discrepancy, please contact the dispensing pharmacy immediately. Do not take any medication that appears to have been tampered with or which may have been dispensed in error.
Medical Aid Claims
Only items that are nappi coded can be claimed from your medical aid.
We require your permission either in writing or verbally and confirmation of your medical aid details to claim medication from your medical aid.
Pricing
The prices for medicines on this website and quotes provided to you by our staff is in compliance with all regulations and rules regarding the transparent pricing system for medicines and scheduled substances, this includes the advertising of medicine and the services for which a pharmacist may levy a fee and guidelines for levying such fees. Please note that prices may differ when medicine is claimed from your medical aid.
Broadway Pharmacy delivers within a 5km radius of our store at a non-refundable cost of R25. For same day delivery (subject to stock availability) orders must be placed between 8am-3pm.
Broadway Pharmacy also delivers within Durban/ KwaZulu-Natal (beyond the 20km radius) for a set cost of R150.
All prices of items available in our weekly advert will only be valid for the period stipulated on said advertisement and is subject to availability of stock. Promotional prices are valid for cash purchases only.
- All Broadway Pharmacy Competition’s are open to residents of South Africa.
- Entries open as per the date indicated on competition flyers, and close at midnight on the last date indicated on competition flyers. Late entries will not be taken into consideration.
- Only entries matching the theme and requirements stipulated on the competition flyers will be accepted for consideration and judging.
- All entries must be sent to the relevant contact details, whether it be the Broadway Pharmacy email [online@broadwaypharmacy.co.za], WhatsApp number [060 325 0000], or other as indicated.
- Entries must include participants name, surname and contact details.
- Entries should be 3mb or smaller in size to be considered.
- The prizes are indicated as per the competition flyer advertised.
- Winners shall use the prize at their own risk. Broadway Pharmacy shall not be held liable for any loss, damage, personal injury or death that is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with this competition or accepting or using this prize.
- Any expense which may result from the possession of and or use of the prize is the sole responsibility of the winner.
- The Organizers accept no responsibility for any problems or technical malfunction of any network or any late, lost or corrupted entries. Photo Freedom and their agents are not liable for any costs incurred, responses received or any consequences of user error.
- The Organizer and its agents shall not be liable for any damage caused to prizes as a result of delivery or dispatch, nor shall they be responsible for any malfunctions or breakages of any prize, once delivery has been taken thereof. Photo Freedom shall further not be held responsible for any accident, injury, harm or loss due to the acceptance, possession, ownership or use of the prize without limitation and an indemnified from any claims that may arise from any participants or winners of this competition or their replacements.
- By entering the competition, you agree to allow Broadway Pharmacy to make use of your images for marketing purposes. Winners may be required to have their details and winning photograph used for marketing purposes as deemed appropriate by Broadway Pharmacy.
- Competitions are open to all South African citizens who reside in South Africa except directors, members, partners, employees, agents, service providers and consultants of Broadway Pharmacy as well as their spouses, life partners, immediate family members, business partners and associates (hereinafter referred to as “The Organizers”).
- By entering the competition, you accept these terms and conditions.
- Should any of the winners be found not to have complied with these rules, he/she may be automatically disqualified.
- The judges’ decision is final, and no correspondence will be entered into. Broadway Pharmacy and its agents will not be held responsible for any disputes arising from the competition or prizes awarded. The prize is not transferable or redeemable for cash.
- Broadway Pharmacy and its agents reserve the right to cancel, modify or amend the competition at any time, if deemed necessary in its opinion and if circumstances out of their control should arise.
- Should the winners not be able to collect the prize the cost of shipping will be at the winner’s expense.
- Each Entry may not infringe upon the copyrights, trademarks, contract rights, or any other intellectual property rights of any third person or entity, or violate any person’s rights of privacy or publicity
- The entry does not contain any commercial content that promotes any product.
- Entries containing any infringing, threatening, false, misleading, abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content will not be eligible for entry.
The winner will be contacted telephonically. Three attempts will be undertaken to contact the winner, if these attempts are unsuccessful we will be compelled to pick a new winner. The subsequent winner will then fall into the same above criteria for the contact.
At the end of the competition all of the organisers’ obligations with regard to the competition as well as with regard to the prize will cease to exist.
The winner agrees to supply a valid identification document (SA ID or passport), proof of address, congratulatory post, and any other validation procedure determined by the Organisers, in order to claim the prize.
We make no representations whatsoever and give no guarantees against latent or patent defects in respect of the products, and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded.
Products supplied for a specific purpose shall be suitable only for the purpose for which they were designed and intended and you shall ensure that the products are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner and where applicable, in a manner consistent with the instructions given by us and/or the manufacturer.
We shall not incur any liability of whatever nature arising in the form of any injury, loss or damage to any person or property arising from the use of the products purchased from our store.
No action or claim of whatever nature can be held against Broadway Pharmacy arising out of defects of any product. This also holds true for any unsuitable products ordered.
Broadway Pharmacy has a variety of payment options cash. We accept debit and credit cards (Mastercard, American Express and Visa), Zapper and EFT for all orders placed for collection and C.O.D, Zapper and EFT for deliveries.
In accordance with the Medicine and Related substances CT OF 1965 NO MEDICINES ARE RETURNABLE FOR CREDIT
Broadway Pharmacy can face criminal prosecution if this law is not complied with.
The law is in place for health and Safety reason and is in the public’s best interest.
The re-use of returned medicines is prohibited.
If there is an alleged defect in the medicine or the packaging thereof, or the packaging tampered with, please do not take or use the medicine. Contact the pharmacist at Broadway Pharmacy immediately to investigate and resolve the issue.
Broadway Pharmacy do not guarantee that you will receive an automated refund. The decision to refund is solely at the discretion of the Broadway Pharmacy managerial team after having inspected the condition of the product returned.
Any product returned must be accompanied by the original tax invoice. Products must be returned within 30 days of purchase and the product must not have expired within the allocated time.
No scheduled medication will be refunded under any circumstances as it is prohibited by law. The re-dispensing of a medicine which has been returned is prohibited. Broadway Pharmacy will consequently not accept the return of any medicine for credit or replacement unless there is a defect in the medicine or its packaging at the time of supply, or if an incorrect medicine has been dispensed.
For hygiene and health reasons, personal grooming items, earrings, underwear, socks, shaving blades, surgical items, cosmetics and baby food may not be returned or exchanged.
Any complaint must be address with Broadway Pharmacy by either:
Calling: 0315638216 (Monday to Sunday, 08.00am – 07.00pm)
Or emailed to: online@broadwaypharmacy.co.za