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These Terms of Use and all policies and additional terms (if applicable) posted on the Site set out the terms on which we offer you access to and use of our Site, services and applications including our mobile application (collectively, the “Services”). You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access. You can find all of our policies and additional terms here: www.elembabypharmacies.com (“Legal Documents”). These Legal Documents are incorporated by reference into these Terms of Use.

The Services are intended for use by users that reside in Egypt and are 18 or older (or 13 or older, with the consent and involvement of a parent or guardian). If you are not the intended audience or you object to these Terms, you shall not register as a user and shall not transact on or use our Services. These Terms act as a binding agreement between you and us, and by accessing any Services in any way, you agree to be bound by these Terms of Use and the Legal Documents with immediate effect, including, but not limited to, resolving disputes via binding arbitration, conducting this transaction electronically, disclaiming warranties, damage and remedy exclusions and limitations.

From time to time, we may update the Services and these Terms, and such changes shall be applied prospectively. Your use of the Services after we post any changes to these Terms constitutes your agreement to those changes. Your continued use of the Site following any such change constitutes your agreement to these Terms of Use and Legal Documents as so modified. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. We may, in our sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you if the Services are discontinued or your ability to access the Services (including any content you may have posted) is terminated.

References in these Terms of Use to “you” (or similar) are references to you as an individual or legal entity as the case may be.

ABOUT OUR WEBSITE

The Site is an e-commerce platform, an online portal that facilitate online transactions of goods allowing individuals to buy products.

This website is owned and managed by Bloom Co.

We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.

1. INFORMATION WE DISPLAY & INTELLECTUAL PROPERTY RIGHTS

Except for the rights expressly granted under these Terms of Use: All content contained within the Services, including without limitation, text, images, icons, data, software, trademarks, trade dress, and User Content, is our property and you may access and use it solely for your own personal, non-commercial shopping and information purposes. Content may be protected by domestic and international copyright, patent, trademark, and other rights, and all rights, titles, and interests are reserved by the respective owners. We (or our licensors, as the case may be) retain all right, title and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein. Copying, publishing, broadcasting, modifying, distributing or transmitting any Content in any way without our prior written consent is strictly prohibited. You agree that you have no right to use any of our trademarks without our prior written consent.

While we work hard to provide a superior customer experience, we cannot guarantee that all content we display is correct, complete, or current, including product pricing, images, information, and availability.

We may display or allow users to create User Content, or link to or from third party sites and material. We do not monitor, verify, or otherwise endorse User Content or third party sites or material, and hereby disclaim all liability with respect thereto. Your use of any third party site is subject to the terms of use and privacy policies made applicable thereto by such third party. Any health-related information is provided to enhance your experience, but is not intended to constitute medical advice or diagnose, treat, cure, or prevent any medical condition. If you have questions about your health or treatment, please contact your pharmacist or other medical professional.

2. ELIGIBILITY AND REGISTRATION REQUIREMENTS

You are eligible to register as a user and benefit from the Services if you meet the following eligibility criteria:

you are above the legal age for purchasing products in your country of residence; and
you are able to provide an address in the Arab Republic of Egypt (“Egypt”) for delivery of products.
In order to register to the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. You agree to submit accurate, complete information, and to update it as appropriate. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity. Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with clause 8 of these Terms of Use.

3. YOUR ACTIONS AND OBLIGATIONS

When using or accessing the Services, you agree that you are solely responsible for the activities and security of your account, and you must notify us if you suspect any unauthorized use of your password or account or any other breach of security. We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to us.

When using or accessing the Services, you agree that you will not 1) post, list or upload content or items inappropriate or prohibited on any areas on our Site, including; i)content or items that may be considered culturally or religiously offensive in any way; ii)content or items which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions; iii)content or items that may threaten national security; iv)content or items which may constitute or be considered to promote gambling; v)securities, including shares, bonds, debentures, or any other financial instruments or assets of any description; vi)living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural; vii) weapons of any description; viii)liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines; ix)items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health; x)non-transferable vouchers; and chemicals. 2) breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status; 3) fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies.

4. SERVICE-SPECIFIC TERMS

If you make any purchases, you represent that you and we (including our service providers) are authorized to use the information you provide (including payment method information) to carry out the transaction. We accept payments online using Visa and Mastercard credit/debit card in Egyptian Pounds. The cardholder must retain a copy of transaction record and our policies and rules. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. Our acknowledgement of an order means that your order request has been received, but not that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to change the price of an item up until the time of shipment. Title and risk of loss transfer to you upon our delivery of the order to the carrier. Notwithstanding anything to the contrary, we reserve the right to cancel or limit any orders for any reason. Prices, promotions, offers, and product availability are all subject to change without notice.

5. PRIVACY

While providing the Services, you may provide, and we may automatically collect, information about you and your use of the Services, including without limitation, your real-time location, MAC address, and IP address.

6. WARRANTIES, REPRESENTATIONS & UNDERTAKINGS

You warrant, represent and undertake that you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation. You have full power and authority to enter into these Terms of Use and the execution and performance of your obligations under these Terms of Use does not conflict with any laws, rules, regulations or governmental guidelines to which you are subject to.

Whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings. As a seller, it is your responsibility to review the content of your listings for accuracy and you will not attempt to hold our catalogue/content providers or us responsible for inaccuracies.

7. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION

In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from: the content or other information you provide when using the Services; i)your use of or your inability to use our Services; ii)pricing, shipping, format or other guidance provided by us; iii)delays or disruptions in our Services; iv)viruses or other malicious software obtained by accessing or linking to our Services; v)bugs, errors or inaccuracies of any kind in our Services; vi)damage to your hardware device from the use of products sold on the Site or our Services; vii)the content, actions or inactions of third parties using our Services; viii)a suspension or other action taken by us with respect to your use of the Services; ix)the duration or manner in which your listings appear in search results.

We provide the Services (including, without limitation, all elembabypharmacies.com Content, User Content, and other content whatsoever) as a service to you. THESE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY, SECURITY, AVAILABILITY, ACCURACY, QUALITY, APPROPRIATENESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SERVICES ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. WE ARE NOT RESPONSIBLE FOR, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO, ALL USER CONTENT, ANY USER, AND ANY THIRD PARTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY US. YOU AGREE THAT YOU USE THESE SERVICES AT YOUR SOLE RISK.

8. SUSPENSION, TERMINATION AND CANCELLATION

Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw a user’s access to the Services, cancel any product(s) order at our sole discretion. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order will be refunded.

9. DISPUTE RESOLUTION

Egypt is our country of domicile. These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the applicable laws of Egypt. If you have an issue with our Services, please contact us. We will attempt to resolve your issue as soon as possible. Any disputes or Claims arising out of or in connection with our website and these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with these Terms of Use shall be governed and construed in accordance with the laws of Egypt; referred to and finally resolved by Egypt courts.

10. GENERAL AND ADDITIONAL TERMS

These Terms of Use cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.

Force Majeure: Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or Services to us, labor disruptions, blackouts, embargoes).

Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

Copyright 2024, Elembaby Co. All rights reserved.