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Terms and Conditions

  1. INTRODUCTION

  2. The BusyMed App is owned and operated by Busymed (Proprietary) Limited, registration number: 2016/532550/07.

  3. BusyMed was founded on the belief that everyone should be able to access health care. In pursuance of this objective, BusyMed developed an on-line mobile application enabling communities to connect with pharmacies via the BusyMed App where visitors to the BusyMed App are able to order and purchase Pharmacy Products and / or services of pharmacies registered on the BusyMed App.

  4. The BusyMed App User Agreement, once accepted by BusyMed App Users, will be binding and enforceable against BusyMed App Users and will govern the relationship between the parties and the BusyMed App User is deemed to have read and agreed with all the provisions therein.

  5. DEFINITIONS AND INTERPRETATIONS

  6. "Busymed" means BusyMed (Proprietary) Limited, registration number 2016/532550/07, a company registered in terms of the company laws of the Republic of South Africa with its principal address at 58 Roosevelt Road, Glendinningvale, Port Elizabeth 6210.

  7. "BusyMed App" means the mobile application available to the public either as an android or IOS application.

  8. "BusyMed App User Agreement" means the BusyMed App User Terms of Service.

  9. "BusyMed App User" means the User registered on the BusyMed App.

  10. "BusyMed User Account" means the account opened in the name of the BusyMed App User on completion and finalisation of the registration process.

  11. "BusyMed Delivery Services" means the delivery of Pharmacy Products to BusyMed App Users effected directly by BusyMed drivers alternatively by BusyMed’s affiliated driver companies.

  12. "BusyMed Pharmacy" means the pharmacy registered on the BusyMed App.

  13. "BusyMed Pharmacy Delivery Service" means delivery of the Pharmacy Products effected directly by the BusyMed Pharmacy to BusyMed App Users.

  14. "Order Information" means the Order Information and the delivery information, if necessary, supplied by the BusyMed App Users to BusyMed and made available to the BusyMed Pharmacy regarding the BusyMed Pharmacy’s products sold.

  15. "Party / Parties" means BusyMed (Proprietary) Limited, the BusyMed Pharmacy and the BusyMed App User.

  16. "Pharmacy Products" means any product made available for listing for sale or sold by the pharmacy through the BusyMed App, including prescribed and non-prescribed medication.

  17. "Prescribed Medication" means any schedule 3, 4, 5 and / or 6 medication as defined in the Medicines and Related Substances Act, 101 of 1965, as amended, requiring a valid prescription for the dispensing of such medication by pharmacists.

  18. ​

  19. REGISTRATION AND BUSYMED APP USER ELIGIBILITY

  20. Requirements for the registration of the BusyMed App User:you must provide your

  21. Full Names and Surname;

  22. Date of Birth;

  23. Identification Number;

  24. Contact details including mobile phone number and email address;

  25. Unique password in order to purchase Pharmacy Products; and

  26. Picture image of medical aid card – front and back.

  27. By registering as a BusyMed App User, you warrant that you are over the age of 18 years.

  28. Membership on the BusyMed App is free and no charges will be incurred for browsing, however the BusyMed App User will pay the purchase price of the Pharmacy Product, and be charged a service fee for the order and delivery, if applicable, in accordance with the Payment clause below.

  29. Upon registration the BusyMed App User will be issued with a BusyMed User Account in order to transact and interact with BusyMed Pharmacy.

  30. ​

  31. COMMENCEMENT & DURATION

  32. Notwithstanding that this BusyMed App User Agreement shall commence from the date on which it is published on the BusyMed App and continue indefinitely, the acceptance by BusyMed of the BusyMed App User’s registration application will further bind the Parties, subject to the provisions set out in the Termination clause below.

  33. The BusyMed App User hereby acknowledges that he / she will remain bound by the BusyMed App User Agreement, as may be amended from time to time, for so long as the Busymed App User makes use of the Services as set out in the BusyMed App User Agreement.

  34. BUSYMED SERVICES

  35. BusyMed operates the BusyMed App through which visitors and BusyMed App Users are able to compare a range of Pharmacy Products and their pricing as well as BusyMed App User ratings on the BusyMed Pharmacies level of services and / or their Pharmacy Products listed for sale on the BusyMed App.

  36. In addition to the services set out in the clause above, BusyMed App Users will be able to purchase Pharmacy Products from pharmacies registered on the BusyMed App.

  37. The BusyMed App will indicate from which BusyMed Pharmacy the BusyMed App User is purchasing the Pharmacy Products.

  38. The BusyMed App enables the BusyMed App User to securely communicate, through a direct messaging service, as well as a chat channel, with the chosen BusyMed Pharmacy to access and receive advice and Pharmacy Product recommendations.

  39. The BusyMed App User will have access to his / her full history of all information as it relates to direct messages, prescriptions, and order information.

  40. SALES AND STOCK AVAILABILITY

  41. Orders are subject to the availability of the Pharmacy Products as well as on the acceptance or rejection by the BusyMed Pharmacy of the order.

  42. Acceptance or rejection of an order is dependent on the availability, correctness of the information, and receipt of payment or payment authorisation of the Pharmacy Products.

  43. An order will automatically be rejected in the absence of the proof of prescription, required by law, for scheduled medication.

  44. The BusyMed App User will receive email confirmation or a push notification upon acceptance of the order. At this stage, an agreement of sale arises between the parties.

  45. BusyMed relies on the inventory information supplied to it by the relevant BusyMed Pharmacy and BusyMed accordingly bears no liability for any inaccuracies in the information supplied to it, and any resulting dispute regarding stock must be resolved between the BusyMed App User and the BusyMed Pharmacy in accordance with your respective rights and obligations as set out in this User Agreement.

  46. ORDERING PROCESS

  47. Orders are subject to the availability of the Pharmacy Products.

  48. Orders for Pharmacy Products without a prescription made on the BusyMed App:

  49. BusyMed App Users will place their order(s) with the BusyMed Pharmacy on the BusyMed App;

  50. BusyMed App Users will select the preferred delivery option or collection option;

  51. BusyMed App Users will make the preferred payment method via the BusyMed App;

  52. The BusyMed Pharmacy will retrieve the Order Information and will thereafter process the order.

  53. Pharmacy Products placed in a basket without completing the purchase cycle does not constitute an order.

  54. The BusyMed Pharmacy may make changes to your basket in the event where stock is no longer available, or the price has changed and will notify the BusyMed App User in such an event.

  55. BusyMed nor the BusyMed Pharmacy cannot be held liable where the stock and / or pricing of the Pharmacy Products have changed when the BusyMed App User elects to complete the purchase cycle at a later stage.

  56. Should the order received be rejected by a BusyMed Pharmacy it must provide reasons, on the BusyMed App, for such rejection, with immediate effect.

  57. Orders for Prescribed Medication made on the BusyMed App:

  58. BusyMed App Users will place their order(s) with the BusyMed Pharmacy on the BusyMed App;

  59. BusyMed App Users will upload an image of the valid prescription to the BusyMed App;

  60. BusyMed App Users will select the preferred delivery or collection option;

  61. The BusyMed User will select the preferred payment option;

  62. The BusyMed Pharmacy will retrieve the order and will thereafter process the order;

  63. Upon delivery of the Prescribed Medication the BusyMed App User is required to hand to the delivery agent the original valid prescription prior to the delivery agent handing over the Prescribed Medication;

  64. No Prescribed Medication may be left with a BusyMed App User without the original valid prescription being provided to the delivery agent, as well as proof of identity being presented.

  65. The BusyMed Pharmacy will advise the BusyMed App User of any changes to any Prescribed Medication, for whatever reason, which the BusyMed App User will approve on the BusyMed App prior to the delivery or collection of the order.

  66. DELIVERY

  67. All orders are delivered either by the BusyMed Delivery Services, alternatively, directly through the BusyMed Pharmacy.

  68. The BusyMed App User shall select a delivery option and accept the relevant charges, if applicable, as payment for the handling and delivery of the Pharmacy Products.

  69. Delivery of the Pharmacy Products as ordered and once accepted will be delivered to you as soon as is reasonably possible. BusyMed will notify the BusyMed App User should delivery of the Pharmacy Products will be impossible or delayed for any reason.

  70. BusyMed’s obligation to the BusyMed App User is fulfilled upon delivery of the Pharmacy Product to the physical address nominated by the BusyMed App User alternatively, upon collection by the BusyMed App User, and BusyMed will not be responsible for any loss or unauthorised use of a product, once delivery has taken place at the physical address nominated by you.

  71. RETURNS, CANCELLATION AND REFUND POLICY

  72. The BusyMed Pharmacies have their own returns policy and the BusyMed App User should ensure that the applicable policy is reviewed before completing order on the BusyMed App.

  73. The BusyMed App User is deemed to have read and agreed to the BusyMed Pharmacy’s returns policy upon finalisation of the order.

  74. In accordance with the provisions contained in the Medicines and Related Substance Act No. 101 of 1965, as amended, no scheduled medication may be returned, for whatever reason.

  75. In the event of Pharmacy Products, excluding scheduled medication, being erroneously ordered, damaged or incorrectly delivered, the BusyMed Pharmacy shall arrange the return of the Pharmacy Product(s) by scheduling the collection and return provided the BusyMed App User submits his / her return requests within 24 (twenty-four) hours of the delivery date and is accepted by the BusyMed Pharmacy.

  76. Should Pharmacy Products be unavailable, and the order already paid for, BusyMed will refund the BusyMed App User, in full, as soon as the BusyMed Pharmacy has declined the order.

  77. Orders may only be cancelled if payment has not yet been made by the BusyMed App User, alternatively, if payment has been made but the order not yet dispatched by the BusyMed Pharmacy and before receiving a dispatch or delivery notification via email or push notification.

  78. Cancellation of orders will be in accordance with the returns policy once delivery or collection of the BusyMed App User’s order has been fulfilled.

  79. Cancellation of orders by the BusyMed App User will not include a refund of the service fees.

  80. Should the BusyMed App User’s order be rejected, notification of such rejection will be provided by the BusyMed Pharmacy through the BusyMed App via push notification, and the order will be cancelled by the BusyMed Pharmacy upon which a refund will be made to the BusyMed App User.

  81. BusyMed may, but is not obligated to, on behalf of the BusyMed Pharmacy, facilitate any returns arising out of, or in connection with the transaction between the BusyMed App User and the BusyMed Pharmacy.

  82. In the event that the BusyMed App User wishes to return the Pharmacy Products after delivery or collection has occurred, a flat fee of R1.15 will apply for all such refunds.

  83. PAYMENT

  84. Payment may be made either by

  85. On-line payments via debit and credit cards;

  86. Medical Aid, subject to the approval of the BusyMed Pharmacy; and

  87. Cash on delivery or collection, subject to the approval of the BusyMed Pharmacy.

  88. Cards accepted for online card payments include Visa, MasterCard, Diners or American Express Cards.

  89. Card transactions will be acquired for the BusyMed App User via PayGate (Proprietary) Limited (“PayGate”) who are the approved payment gateway. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (“SSL3”) and no card details are stored on the PayGate website.

  90. The Busymed App User details are stored by BusyMed who will keep these details separate from cards details entered by the BusyMed App User on the DPO PayGate’s secure site.

  91. An additional co-payment by the BusyMed App User may be required in the event medical aid does not provide full cover for the cost of scheduled and non-scheduled medication.

  92. The BusyMed Pharmacy will be responsible for providing an invoice to the BusyMed App User for the Pharmacy Products purchase.

  93. Transaction currency is South African Rand (ZAR).

  94. THE BUSYMED PHARMACY

  95. All BusyMed Pharmacies registered on the BusyMed App platform can be considered as trusted pharmacies.

  96. BusyMed is not an agent of any BusyMed Pharmacy and cannot vouch for, make any warranties in relation to, any BusyMed Pharmacy or its Pharmacy Products.

  97. The BusyMed Pharmacy is solely responsible for the fulfilment of all aspects of the BusyMed App User’s purchase as transactions are concluded directly between the BusyMed App User and the BusyMed Pharmacy and BusyMed will not be liable in any way whatsoever in relation to any Pharmacy Purchases.

  98. OBLIGATIONS OF THE BUSYMED APP USER

  99. The BusyMed App User shall

  100. ensure that the services available from and through the BusyMed App meets the individual requirements and are compatible with the BusyMed User’s hardware and/or software.

  101. be liable for payment of any order, whether unauthorised or fraudulent, after the login details relating to the BusyMed App User’s account have been entered;

  102. notify BusyMed immediately upon the suspicion of any unauthorised access to or use of your login details; and to take steps to mitigate any resultant loss or harm;

  103. notify BusyMed upon suspicion of any BusyMed Pharmacy selling illegal products, conducting fraudulent activity, using bait marketing or otherwise misleading BusyMed App Users;

  104. be solely responsible for evaluating the price, quality and legitimacy of any products listed on the BusyMed App;

  105. notify, in writing, BusyMed of any possible malfunctions and errors;

  106. inform BusyMed of any content that may be offensive or illegal;

  107. OBLIGATIONS OF BUSYMED

  108. BusyMed shall

  109. take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of the Pharmacy Products on the BusyMed App.

  110. RIGHTS OF BUSYMED

  111. BusyMed shall have the right to

  112. include advertising related to the products sold on the platform by the BusyMed Pharmacies as well as external advertisers;

  113. to cancel a BusyMed App User’s order, without notice, should BusyMed suspect that the BusyMed App User is reselling purchased Pharmacy Products;

  114. take all reasonable steps to ensure the integrity and security of the BusyMed App and its back-office applications.

  115. DISCLAIMER

  116. The BusyMed App User agrees that the BusyMed App is supplied on an "as is" basis and has not been compiled or supplied to meet the individual requirements of the Busymed App User.

  117. BusyMed cannot screen or edit all the content available from the BusyMed App and does not accept any liability for illegal, defamatory, or obscene content.

  118. The BusyMed Pharmacies and the Pharmacy Products listed on the BusyMed App do not necessarily represent all suppliers of the relevant Pharmacy Products, or all products available in the market.

  119. BusyMed does not guarantee that the prices, the BusyMed App User ratings and reviews of Pharmacy Products, services and / or any other information specified on the BusyMed App, are accurate or error-free, and are not determined by BusyMed and should therefore not be construed as the views of BusyMed.

  120. The Pharmacy Product pricing and characteristics are supplied to BusyMed by the BusyMed Pharmacies who have agreed to be listed on the BusyMed App.

  121. BusyMed will not be held liable for any damages that may result in any way for Pharmacy Products purchased.

  122. BusyMed expressly disclaims all representations and warranties of any kind with respect to the BusyMed App and the BusyMed services but insofar as BusyMed is able to, BusyMed will ensure that the use thereof will be free from any interruptions, delays, inaccuracies, errors or omissions as well as free of viruses, worms or other harmful components.

  123. Nothing contained in the BusyMed App should be construed as medical, commercial, or other professional advice. Professional advice should be obtained before taking or refraining from any action based on any of the information or material contained in the BusyMed App.

  124. INDEMNITY

  125. The BusyMed App User hereby indemnifies and holds BusyMed harmless, its parent, subsidiaries, affiliates, officers, directors and employees, against any and all loss, expense or damage they may suffer, or third party claims which may be made against them, which arise, directly or indirectly, from or in relation to the BusyMed App User’s conduct on the BusyMed App or the BusyMed App User’s failure to comply with this BusyMed App User Agreement, including BusyMed Privacy Policy, or the BusyMed App User’s violation of any law or the rights of a third party relating to his / her use of the BusyMed App.

  126. BusyMed, its agents and / or its representatives, shall not be liable for

  127. any errors of whatsoever nature on the BusyMed App;

  128. any loss, claim or expense relating to a transaction based on any error;

  129. any damage, loss or liability arising in relation to any BusyMed Pharmacy;

  130. any damage, loss or liability of whatsoever nature arising from the use or inability to use the BusyMed App or the BusyMed services or content provided through the BusyMed App and any risk and / or liability will vest in the BusyMed App User;

  131. any harm caused to the BusyMed App User’s computer from viruses or damages suffered due to the BusyMed App being unavailable for any reason.

  132. LIMITATION OF LIABILITY

  133. In the event that BusyMed is found, despite the aforegoing disclaimers, to be liable for any reason, whether in contract, delict, negligence, strict liability, by statute or otherwise, its liability to the BusyMed App User or any third party shall be limited to an amount of ZAR500 (five hundred South African rand).

  134. BusyMed shall under no circumstances be liable for any indirect or special damages, consequential loss, loss of profits or loss of data.

  135. INTELLECTUAL PROPERTY RIGHTS

  136. All copyright subsisting in the BusyMed App, including this BusyMed App User Agreement, vests in BusyMed and all rights not expressly granted are reserved.

  137. All the content, trademarks and data on the BusyMed App, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to BusyMed and as such are protected from infringement by local and international legislation and treaties.

  138. Where the BusyMed App contains images, names, codes or other content that constitute the trademarks, logos, or copyrighted material owned by the BusyMed Pharmacies or other third parties the BusyMed App User may not copy or use same without the permission of the BusyMed Pharmacy or third party.

  139. A BusyMed App User may only view, download and print content from the BusyMed App for non-commercial purposes and permission is required from BusyMed for any commercial use of any content.

  140. PRIVACY

  141. The terms of the BusyMed Privacy Policy are specifically incorporated herein, and it is the responsibility of the BusyMed App Users to ensure that they are made aware of the contents of the Privacy Policy.

  142. Should the BusyMed App User not be satisfied with the level of privacy BusyMed provides, alternatively, disagrees with any provision in the Privacy Policy, then the BusyMed App User shall be deemed to not have accepted this BusyMed App User Agreement and should not register for a BusyMed User Account.

  143. BusyMed is committed to protecting and respecting the privacy of the BusyMed App User.

  144. BusyMed will not disclose nor grant the personal information of the BusyMed App Users to third parties for marketing purposes if they have requested us not to do so.

  145. BusyMed will collect the BusyMed App Users information to record and support their participation in the activities they select and may use their information:

  146. as part of our effort to keep the BusyMed App User informed about updates and other products or services offered by BusyMed;

  147. for record keeping purposes;

  148. to improve the quality of the BusyMed Services;

  149. for market research;

  150. to measure and improve activity on the BusyMed App; and

  151. to understand the BusyMed App User’s preferences so that BusyMed can improve the features.

  152. Busymed shall take all reasonable steps to protect the personal information of BusyMed App Users. For the purpose of this clause, "personal information" shall be defined as set out in the Promotion of Access to Information Act No. 2 of 2000 (PAIA).

  153. SECURITY

  154. In the event that BusyMed suffers any damage or loss as a result of any BusyMed App User delivering or attempting to deliver any damaging code to the BusyMed App or attempts to gain unauthorised access to any page on the BusyMed App shall be prosecuted and civil damages shall be claimed.

  155. The BusyMed App User agrees and warrants that his / her log in details (username and password) shall be used for your personal use only and shall not be disclosed to any third party.

  156. PROHIBITED CONDUCT

  157. No BusyMed App User may link to any page on the BusyMed App or use any technology to search and gain information from the BusyMed App, without the prior written permission of BusyMed.

  158. No BusyMed App User may not:

  159. use any robot, spider, site search / retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Busymed App or any of its content;

  160. reformat or frame any page or pages on the BusyMed App;

  161. threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, BusyMed App User, or a BusyMed Pharmacy, or otherwise interfere with another person's use of the BusyMed App;

  162. submit false, inaccurate, or misleading information on the BusyMed App or conduct himself / herself in a false, inaccurate, or misleading manner;

  163. conduct fraudulent activities;

  164. deliver or attempt to deliver any damaging code to this BusyMed App or attempt to gain unauthorised access to any page or pages on the BusyMed App;

  165. tamper, hack, modify or otherwise corrupt the security or functionality of the BusyMed App;

  166. post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

  167. promote bigotry or discrimination;

  168. violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

  169. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

  170. transmit or post profanity, adult content, or illegal content, such as child pornography;

  171. solicit personal information from minors or to harm or threaten to cause harm to minors;

  172. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly displaying, selling, trading, or in any way exploiting the BusyMed App or its content, except as expressly authorised by BusyMed;

  173. reverse engineer any portion of the BusyMed App;

  174. remove or modify any copyright, trademark, or other proprietary rights notice on the BusyMed App or on any materials printed or copied from the BusyMed App;

  175. record, process, or mine information about other BusyMed App Users or BusyMed Pharmacies;

  176. access, retrieve or index the BusyMed App to construct or populate a searchable database of business listings or reviews;

  177. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on BusyMed's technology infrastructure;

  178. attempt to gain unauthorised access to the BusyMed App, computer systems or networks connected to the BusyMed App through hacking, password mining or any other means;

  179. use the BusyMed App or any of the content to transmit any computer viruses, worms, defects, Trojan horses, time bombs, cancelbots, easter eggs or other computer programming routines or items of a destructive nature in that they may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;

  180. use any device, software or routine that interferes with the proper working of the BusyMed App, or otherwise attempting to interfere with the proper working of the BusyMed App;

  181. make excessive traffic demands;

  182. violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfering with the security of, or otherwise causing harm to, the BusyMed App and / or its content;

  183. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the BusyMed App, features that prevent or restrict the use or copying of the BusyMed App content, or features that enforce limitations on the use of the BusyMed App;

  184. do anything which may render BusyMed liable to anyone, or cause BusyMed to lose, in whole or in part, the services of BusyMed’s internet service providers or other suppliers.

  185. SUSPENSION AND TERMINATION

  186. Notwithstanding that this BusyMed App User Agreement shall endure indefinitely, any failure of the BusyMed App User to comply with the obligations as set out in the Busymed App User Agreement, BusyMed may suspend and / or terminate access to the BusyMed App without any prejudice to any claims for damages or otherwise that BusyMed may have against the BusyMed App User.

  187. BusyMed may blacklist, terminate, or suspend any BusyMed App User on suspicion of fraudulent activities and abuse of the BusyMed App by creating multiple user profiles to take advantage of a promotion or coupon intended for once-off use.

  188. BREACH

  189. Should the BusyMed App User use the BusyMed App in a manner which violates the provisions of this BusyMed App User Agreement and BusyMed
    incurs liability and / or suffers damages, and fails to remedy such breach within 7 (seven) days of written notification by BusyMed, the BusyMed App User will be in breach of the BusyMed App User Agreement and BusyMed shall be entitled, without prejudice to any of its other remedies in law or under the BusyMed App User Agreement, to:

  190.  

  191. suspend or limit the BusyMed App User’s access to the BusyMed App;

  192. claim damages;

  193. until such time as the breach has been remedied.

  194. The BusyMed App User shall reimburse BusyMed for any and all costs, expenses, and fines levied on it by third parties as a result of your activities.

  195. CHANGES TO THIS AGREEMENT AND / OR THE SERVICES

  196. BusyMed may change, with or without notice, to the BusyMed App User, the contents of the BusyMed App Users Agreement or any of its policies or documents referred to herein.

  197. The onus remains on the BusyMed App User to visit the BusyMed App in order to obtain any updated content and / or policies or documents including the BusyMed App User Agreement.

  198. Should the BusyMed App User not be in agreement with the changes to be made or already made, the BusyMed App User should not make use of the BusyMed App in any way.

  199. GOVERNING LAW AND JURISDICTION

  200. The BusyMed App is hosted, controlled, and operated within the Republic of South Africa and therefore governed by South African law.

  201. The Parties agree that in the event of a dispute to the matter being heard in any court having competent jurisdiction.

  202. DISPUTES

  203. In the event of a dispute, of any nature whatsoever, arising between the BusyMed App User and BusyMed on any matter provided for in or arising out of this Agreement and such dispute is not resolved through the BusyMed Customer Relations Department then, save for urgent or interim relief which may be granted by a competent court, such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (“AFSA”).

  204. Arbitration proceedings shall be conducted in Cape Town in English.

  205. In the event of a dispute, of any nature whatsoever, arising between the BusyMed App User and the BusyMed Pharmacy and / or another BusyMed App User, the BusyMed App User acknowledges that BusyMed will not be a party to such dispute. BusyMed does not act as an agent of any of its BusyMed Pharmacies or other BusyMed App Users and will not be responsible for resolving such disputes. BusyMed may however in its sole discretion elect, but shall not be obliged, to assist in the resolution of such dispute.

  206. NOTICES AND DOMICILIA

  207. The Parties hereby elect their respective addresses below for purposes of notices and correspondence to be given in terms of this BusyMed App User
    Agreement and they respectively elect said addresses as their domicilium citandi et executandi (“domicilium”), as follows:
    BusyMed: 58 Roosevelt Road,
    Glendinningvale
    Port Elizabeth
    6210
    South Africa
    Email: accounts@busymed.com
    BusyMed App User: Physical Address and email address BusyMed has on record for the BusyMed App User, as provided by the BusyMed App User, from time to time.

  208. Each of the Parties shall be entitled from time to time, by written notice to the other party, to amend its domicilium to any other addresses which is not a post office box or poste restante.

  209. Any notice to be given to a party in terms of this BusyMed App User Agreement shall be valid and effective only if it is given in writing, delivered by hand, or by e-mail.

  210. Any notice which is delivered by hand shall be deemed to have been received on the date of delivery provided it was delivered to a responsible person during normal business hours.

  211. Any notice by e-mail shall, unless the contrary is proved, be deemed to have been received by the addressee on the Business Day following the date of transmission.

  212. GENERAL

  213. Electronic Communications

  214. The BusyMed App User consents to the electronic delivery of this BusyMed App User Agreement or any part thereof, any other agreements, notices or other communications ("Communications") from BusyMed regarding its BusyMed App User Account and / or its use of the BusyMed Services, to the fullest extent permitted by applicable law;

  215. The BusyMed App User agrees that in the event of any dispute between:

  216. the Busymed and the BusyMed App User; or

  217. the BusyMed Pharmacy and the BusyMed App User; or

  218. the Busymed App User and any other BusyMed App User,

  219. the electronic records of transactions of this BusyMed App User Agreement, any identity verification information provided in a paper format and subsequently scanned or otherwise converted into an electronic format, and any other information stored or created electronically shall be admissible in a court of law or in relation to a law enforcement or regulatory investigation or prosecution.

  220. The BusyMed App User consents to receiving communications from BusyMed electronically and agrees that all agreements, notices, disclosures and other communications sent by BusyMed satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".

  221. Non-waiver

  222. If either BusyMed or the BusyMed App User fails or delays to exercise any of its rights or remedies contained in this BusyMed App User Agreement, they will not have been deemed to have waived any of those rights or remedies in any way.

  223. Severability

  224. Should any of the terms and conditions of this BusyMed App User Agreement be held to be invalid, unlawful, or unenforceable, such terms and conditions shall be severable from the remaining terms and conditions which shall continue to be valid and enforceable. If any term or condition held to be invalid is capable of amendment to render it valid, BusyMed and the BusyMed App User agree to negotiate an amendment to remove the invalidity.

  225. Whole Agreement

  226. The BusyMed App User Agreement, including the Privacy Policy and other documents, agreements or policies incorporated into these Terms of Service, is the entire BusyMed App User Agreement between BusyMed and the BusyMed App User with respect to its use of the BusyMed App and BusyMed Services, and supersedes all documentation, information and other communications, whether spoken or written, between BusyMed and the BusyMed App User with respect to such access and use.

  227. BusyMed Corporate Information

  228. Full name: BusyMed (Proprietary) Limited, a company incorporated and registered in South Africa;

  229. Registration number 2016/532550/07;

  230. Business Activity: Online Pharmacy Marketplace;

  231. Website: http://www.busymed.co.za;

  232. Office bearer: M Jezile;

  233. Contact telephone number: +27 (0) 41 373 0738;

  234. Physical Address: 58 Roosevelt Road
    Glendinningvale
    Port Elizabeth
    6210
    South Africa;

  235. Official email address: info@busymed.com;

  236. Billing Complaints: orders@busymed.com;

  237. BusyMed Pharmacy Complaints: complaints@busymed.com;

  238. Customer Relations: support@busymed.com;

  239. Reporting Fraudulent Activity: support@busymed.com.

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