This website, accessed at www.delmed.co.za or such other URL as we may determine from time to time and including the DelMed mobile application (collectively referred to as the “Website“) is owned and operated by DelMed Logistics Proprietary Limited (“DelMed” or “Us” or “We“).

Your access to and use of the Website is subject to these terms and conditions (“Terms and Conditions“). Please read these Terms and Conditions carefully before accessing or using this Website. If you do not agree to these Terms and Conditions, please do not access or use the Website.

All of the provisions of these Terms and Conditions are important, but please pay special attention to the parts that are in bold writing. These provisions have special consequences for you.
  1. What do these Terms and Conditions regulate?
    1. The purpose of this Website is to facilitate the marketing, sales, payment process and delivery of purchased products to registered members (you) on behalf of independent registered pharmacies (“Registered Pharmacies”) via the DelMed Website. Accordingly, these Website Terms and Conditions govern the following:
      1. registration of a member account;
      2. access, use, reference to, viewing and/or downloading of any information made available on the Website (“Content“);
      3. the marketing and sale of goods (“Goods“) via this Website;
      4. ordering of Goods made available by the Registered Pharmacies on the Website;
      5. payment processing for Goods purchased from the Registered Pharmacies on the Website;
      6. delivery by third-party delivery service providers which DelMed has partnered with (“Delivery Partner“); and
      7. any refunds payable in relation to such Goods.
    2. The activities listed at clauses 1.1.1 to 1.1.7 above are referred to as the “Services”.
    3. The Terms and Conditions are binding on and enforceable against every person accessing or using this Website to access the Services (“Member/s” or “User/s” or “You” or “Your”).
    4. The Website may facilitate your access to and/or purchase of products or services other than the Services (“Additional Products and Services“) from DelMed and/or third parties. All such Additional Products and Services are not provided under these Terms and Conditions and you may have to enter into a separate agreement with DelMed and/or the third party provider of such Additional Products and Services (as applicable) to regulate the provision of such Additional Products and Services.
  2. Your agreement to these Terms and Conditions
    1. By accessing and/or using the Website in any way, you agree that you enter into a legally binding contract with us upon these Terms and Conditions, and our privacy policy which is accessible at (“Privacy Policy“). The provisions of the Privacy Policy are hereby incorporated by reference into the Terms and Conditions and any reference to “Terms and Conditions” shall include the provisions of the Privacy Policy which have been so incorporated by reference. Your access and/or use of the Website is deemed to mean that you agree to these Terms and Conditions and the Privacy Policy. If you do not so agree, please do not access or use the Website.
    2. In relation to specific Content and/or Services, we may require you to agree to additional terms from time to time, which terms will supplement and be deemed to be incorporated by reference in, and read with and as part of, these Terms and Conditions.
  3. Your Member Account
    1. You will be required to create an online account before you will be able to purchase Goods via the Website (“Account”). In order to do so, you will be required to provide the following personal information:
      1. your first and last name;
      2. a valid email address to be used as your username;
      3. a valid password, comprising at least 4 characters;
      4. your mobile number;
      5. your identity number;
      6. your gender; and
      7. your address for delivery of the Goods.
    2. You will be required to signify your agreement to these Terms and Conditions by ticking the ‘Agree’ box.
  4. Purchasing Goods through the Website
    1. In order to purchase Goods on the Website, you will be required to provide certain clinical information, at each purchase. The following clinical information relating to the patient for whom the Goods are being purchased (the “Patient“):
      1. whether or not the Patient is pregnant;
      2. whether any other medication is being taken and the details of such medication;
      3. whether the Patient has any known allergies; and
      4. whether the Patient has any chronic conditions and the identification thereof.
    2. Users must pay for transactions through electronic funds transfer in accordance with the provisions of clause 12 or any other payment options made available on the Website from time to time.
    3. Notwithstanding clause 4.2, DelMed may, in its absolute discretion, accept or reject any order/s for Goods (“Order“) placed via the Website.
    4. An agreement of sale between you and DelMed is only concluded at the time of final payment for the Goods by you (“Sale“).
    5. If an Order is cancelled for any reason by DelMed, DelMed will indicate such cancellation, as soon as possible thereafter, by refunding to your bank account or credit card (depending on your initial method of tender) any amount already paid.
    6. DelMed cannot be held responsible for stock availability or sudden pricing changes. Information provided to DelMed by the Registered Pharmacies is based on their inventory information. We cannot be held liable for any inaccuracies thereof.
    7. Should any Goods not be available after an Order has been placed, you will be notified and provided the option of a refund. Placing Goods in a shopping cart without completing the purchase transaction does not constitute an Order for such Goods. As such, Goods may be removed from the shopping cart if stock is no longer available, or otherwise at DelMed’s discretion. DelMed shall not be liable if such Goods are not available when you attempt to complete the purchase transaction at a later stage.
    8. By submitting your details on the Website, you warrant that you are 18 (eighteen) years of age or older and/or have full legal capacity to transact.
  5. Cancellation of a transaction
    You can only cancel an order prior to collection of the Goods by the Delivery Partner from the dispensing Registered Pharmacy. The cancellation of an Order needs to be communicated in writing and sent to info@delmed.co.za.
  6. Return policy
    Dispensed pharmaceutical products cannot be returned as per applicable law.
  7. Information submitted by Users
    1. By submitting any information to us by means of the Website (including in accordance with clauses 3 and 4) you warrant that you are entitled to use that information for the purpose for which it was submitted, and that we may use it for such purpose. You also agree that you will ensure that all such information is and is kept accurate and up-to-date at all times.
    2. During the course of your interaction on the Website, you may be required to provide us with your personal information. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes and in the manner described in our Privacy Policy.
    3. To the extent allowed by law, it is your responsibility to keep any passwords secure, and DelMed is entitled to rely on any actions taken on your Account, for example submissions and/or changes to information, as having been done, or authorised to be done, by you, and DelMed will not be liable for any loss or damage which you may suffer due to unauthorised access to your Account and you will be responsible if DelMed suffers any loss due to unauthorised access to your Account.
  8. Accuracy of information provided by DelMed
    1. While DelMed does take all necessary steps to ensure the accuracy of the Content and information on this Website, DelMed does not make any warranties or representations that such Content and information shall in all cases be true, correct or free from any errors. You hereby agree or accept that:
      1. the Website is provided on an “as is” basis and DelMed makes no warranty in relation to the use, availability or performance of this Website. Users acknowledge that the Website may be unavailable from time to time, with or without prior notice to Users;
      2. DelMed, its officers, employees and agents do not accept any liability of whatsoever nature for any direct, indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising from the use of or reliance on any such data or information;
      3. the Content is intended and produced for general information purposes only, and should not be relied upon as specific advice of any kind. In this regard, DelMed expressly excludes any express or implied warranty as to the accuracy of the Content; and
      4. Some Goods and their packaging which you receive may differ from those that are reflected on the Website. This may be based on the description, availability, and price of the Goods.
    2. You acknowledge that any information, ideas and opinions expressed on the Website is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature whatsoever.
  9. Links to and from other websites
    1. The Website and Services available through the Website may contain hyperlinks to websites operated by third parties, including (without limitation) Registered Pharmacies, advertisers and social media platforms (collectively, “Third Party Websites“). Such third parties and Third Party Websites may or may not be connected or associated with, owned, controlled, managed, maintained, updated or reviewed by DelMed, but may be of interest to persons accessing the Website from time to time. Hyperlinks to Third Party Websites from the Website are provided as a convenience for persons accessing the Website for information purposes only. If you link to Third Party Websites, you may be subject to those Third Party Website terms and conditions and other policies.
    2. Accordingly, any hyperlinks to Third Party Websites or references on the Website to third parties or any commercial products, processes, goods, services or websites whether by trade name, trademark, manufacturer or otherwise, do not constitute or imply and shall not be interpreted or construed as constituting DelMed’s approval, sponsorship, endorsement, association or support for those third parties, commercial products, processes, goods, services or Third Party Websites.
    3. DelMed does not take responsibility for the content, privacy policies and views expressed in or by Third Party Websites or the consequences of your reliance on any content made available on, or any product or service procured from or by means of, any Third Party Website.
    4. As a website user, it is solely your responsibility to verify and determine the veracity and accuracy of the data and information displayed on any other website to which DelMed may provide a hyperlink to from time to time.
    5. DelMed:
      1. specifically disclaims any legal responsibility for any data, information, endorsements, materials, representations or personal opinions displayed on any Third Party Website; and
      2. shall not be liable for any inaccurate, defamatory, unlawful, offensive, or discriminatory data or information displayed on any Third Party Website.
    6. Your access to each Third Party Website is entirely at your own risk and DelMed shall not be liable in any manner whatsoever for any direct, indirect, incidental or consequential loss or damage of any kind or nature howsoever arising from any use of or reliance on any data, information, claims, statistics, undertakings and/or representations displayed on any Third Party Website, including without limitation, any liability arising from the conclusion of any agreement, understanding or arrangement between a website user(s) and any other person(s) for the provision of any form of services or the sale of any object, good or thing.
  10. Accessing the Website and Services
    1. We will not be responsible for your inability to access the Website, Services and/or Content due to limitations specific to your personal computers, mobile phones, and other similar devices (“Access Device”). To access the Content, you must have an Access Device which is able to connect to the Internet and to receive Content.
    2. You, at your own cost, are responsible for obtaining and maintaining the Access Device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like (“Technology”) needed to access the Internet and to use the Services. We are not responsible for any Internet access charges, service provider charges and/or data usage charges. These charges must be paid by you or the owner of the Access Device.
    3. You agree that you will not in any way use any Access Device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent of an authorised representative of DelMed (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this Website).
  11. Intellectual Property
    1. Content and Services we make available to you through the Website is proprietary to us and is owned by or licensed to us, and as such, is protected from infringement by domestic and international law, including intellectual property law. Subject to the rights afforded to you in these Terms and Conditions, all our rights, including intellectual property rights, in the Content displayed on the Website, are expressly reserved.
    2. You must not use, reproduce, copy, distribute or disclose the Website or the Content (in whole or in part) in any way that constitutes a violation of any law (including intellectual property law), or an infringement of our rights (including the intellectual property rights) or the rights of our licensors or any third party.
    3. All intellectual property rights, including all rights, title and interest in and to the Website and Content, and all related trademarks, service marks, trade names, copyright, of whatsoever nature existing now and in the future, remain our absolute property and/or that of our licensors.
    4. You will not, at any time, acquire any rights, title, ownership or interest, including any intellectual property rights, in or to the Website or the Content other than those rights expressly granted to you in these Terms and Conditions.
    5. Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
    6. You agree that you will not, and will not permit any other person to, use, reproduce, copy, distribute or disclose any of the Content other than as expressly permitted in these Terms and Conditions.
    7. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained in or on the Content.
    8. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Website or the Content therein.
    9. All moral rights of DelMed and its employees/agents are reserved.
  12. Payment and Purchase Costs
    1. This Website uses secure online payment facilities. All transactions are encrypted using encryption technology and DelMed utilises 3D secure to process payments.
    2. A third-party payment processor is used for all transactions. By providing your payment information, you authorise DelMed to provide the third-party with this information in order to process payment for Goods.
    3. Payment can be made for Goods via:
      1. Credit cards: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive the appropriate authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      2. Debit cards: provided that such card has a CVV security code, the same principles applicable to credit cards shall apply.
    4. DelMed will not process your Order if payment has not been received.
    5. Confirmation of your Order will be provided to you via email.
    6. Once the Order is dispensed from the dispensing Registered Pharmacy, a paper invoice is generated and given to the Delivery Partner who delivers the Order to you.
    7. The purchase price of Goods on the Website include VAT (Value Added Tax), and will form part of the total purchase price for final payment as indicated on your sales invoice.
    8. Depending on the value of your Order, a delivery fee is applicable to each Order and will be reflected in the check-out process and be included in the total purchase cost on your sales invoice.
    9. Once you have selected your payment method and subject to the acceptance of these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
    10. DelMed is not liable for any information captured incorrectly nor liable for any costs incurred through the incorrect capturing of information by you during the payment process.
  13. Delivery of Goods
    1. DelMed’s Delivery Partners will fulfil the delivery of your Order (“Delivery Goods“).
    2. DelMed will endeavour to have your Delivery Goods delivered within 4 hours (“Delivery Period“) from confirmation of payment. We will notify you if we are unable to deliver the Delivery Goods during the Delivery Period.
    3. On delivery of the Delivery Goods, identification in the form of an identity document or driver’s license will need to be presented to the Delivery Partner for verification purposes. You will be requested to sign a duplicate delivery note to confirm receipt of the Delivery Goods.
    4. Should the Delivery Partner not be able to contact you at the address provided within 10 minutes of arrival, the Delivery Goods will be returned to the dispensing Registered Pharmacy. DelMed, hereby reserves the right to charge a delivery fee and a restocking fee for your account.
    5. For as long as DelMed is in possession of the Delivery Goods, DelMed shall in the handling, safeguarding and utilisation of the Delivery Goods, exercise the degree of care, diligence and skill that can reasonably be expected of a person responsible for managing any property belonging to another person.
    6. You agree that DelMed may prior to and or post-delivery of the Delivery Goods, send you electronic communication relating to your Order.
    7. Where Delivery Goods are to be delivered, you warrant and confirm that the delivery address provided at the time the Order is placed is correct. You undertake to receive the Delivery Goods personally or will, at your own risk, appoint a third party to accept delivery on your behalf. DelMed will not accept any responsibility in the event that the person who accepts the Order at the address provided by you is not authorised to do so.
    8. You assume full risk for, and hereby indemnify and hold DelMed harmless from and against all loss, liability, damage and claims of whatsoever nature which may be made against or suffered by DelMed and/or any other person as a result of, the transportation and/or delivery of the Delivery Goods, or any failure or delay to do so, subject to clause 13.7.
  14. Risk and ownership
    1. Risk in any Delivery Goods shall pass to you upon delivery of the Delivery Goods from the relevant Registered Pharmacy and if you wrongfully fail to take delivery of the Goods, the risk shall pass to you from the time the Delivery Goods are ready for dispatched to you.
    2. Unless and until the Delivery Goods have been delivered in accordance with clause 13.2, ownership of the Goods remains vested in the dispensing Registered Pharmacy.
  15. Limitation of liability
    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid.
    2. You acknowledge that the Registered Pharmacies are responsible for the picking and packing of the Goods, with the pharmacist on duty at each Registered Pharmacy responsible for the dispensing thereof.
    3. DelMed is not the supplier of the Goods, nor responsible for the dispensing thereof.
    4. Goods purchased are for personal and domestic use only.
    5. DelMed’s total liability for damages, whether contractual or delictual, arising out of or in connection with the supply of Goods and/or the provision of any Service shall be limited to the purchase price of the Goods, which amount shall be refunded to you as soon as reasonably practicable; and
    6. without limiting the generality of the aforegoing, in no event shall DelMed be liable for:
      1. any loss, liability, damage, claim or injury (including indirect or consequential loss) arising from or in connection with the supply of Goods, including any loss or injury (whether direct, indirect or consequential) attributable to any negligent act or omission by DelMed or its servants or agents;
      2. any damages arising from any misuse of the Goods or Services by you; or
      3. any incidental or consequential damages including but not limited to loss of profits, loss of sales, expenses incurred in anticipation of DelMed’s performance or lost production, whether suffered by you or any third party.
    7. Insofar as any of DelMed’s obligations are carried out by any of its servants, agents, sub-contractors, associates or subsidiaries, the provisions of this clause 15 shall operate for the benefit of each of them, and DelMed accepts the benefits on their behalf.
    8. You agree that neither DelMed nor any of its employees or agents will be liable for any innocent or negligent misrepresentations made to you.
    9. Any and all warranties implied by law in respect of the fitness of any Goods for your purpose are hereby excluded.
    10. You hereby indemnify and hold DelMed harmless against all loss, liability, damage and claims of whatsoever nature which may be made against or suffered by DelMed and/or any other person arising from any undertaking of whatsoever nature given by you, whether in oral or writing, to any third party in respect of the supply of any Goods, and/or arising from your supply of such Goods to, or the use of such Goods by, any person.
  16. General rules:
    1. You may only sign up on the Website using one email address belonging to yourself. You may not create fictional profiles, email addresses or accounts, or otherwise abuse the system.
    2. You may not use someone else’s DelMed account in order to purchase Goods for yourself from the Website.
    3. Without prejudice to any other remedies it may have, DelMed reserves the right to suspend or terminate your account if you are suspected of breaching these Terms and Conditions.
    4. These Terms and Conditions shall be governed by the laws of South Africa.
    5. In relation to any dispute arising out of or in connection with these Terms and Conditions or the subject matter of these Terms and Conditions (including any dispute concerning its existence, conclusion, interpretation and/or termination), you consent to the non-exclusive jurisdiction of the Magistrates Courts of the Republic of South Africa (Western Cape, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    6. This document contains the entire agreement between DelMed and you in regard to the matters with which these Terms and Conditions are concerned and neither party shall be bound by any undertakings, representations, warranties, promises or the like other than those specifically set out herein or implied by the Consumer Laws (as defined in clause 17).
    7. Each provision of these Terms and Conditions, and each part of any provision, is removable and detachable from the others. If any provision of the Terms and Conditions, or part of a provision, is found by a court of competent jurisdiction to be invalid, illegal or unenforceable (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction), it must be treated as if it was not included in these Terms and Conditions and the rest of these Terms and Conditions will still be valid and enforceable.
    8. DelMed shall be entitled to cede and assign its rights and/or delegate and assign its obligations arising out of these Terms and Conditions without your consent
  17. Consumer Laws
    1. If these Terms and Conditions are regulated by or subject to the Consumer Protection Act 2008 (“CPA“), the Electronic Communications and Transactions Act 2002 (“ECTA“) and/or any other laws which cannot lawfully be limited or excluded (collectively the “Consumer Laws“), it is not intended that any provision of these Terms and Conditions contravenes or purports to contravene any provision of the Consumer Laws. Therefore, notwithstanding anything to the contrary, all provisions of these Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Laws are complied with.
    2. No provision of these Terms and Conditions (or any contract governed by these Terms and Conditions):
      1. does or purports to limit or exempt DelMed from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any person acting for or controlled by us) to the extent that the law does not allow such a limitation of exemption;
      2. requires you to assume risk or liability for any particular liability or loss to the extent that the law does not allow such an assumption of risk or liability; and/or
      3. limits or excludes any warranties or obligations which are implied into these Terms and Conditions (or any contract governed by these Terms and Conditions) by the Consumer Laws (to the extent applicable) or which we give under the Consumer Laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
  18. Electronic communications
    > By using the Website and/or the Services and accepting these Terms and Conditions, you agree that all agreements, notices, disclosures and other communications sent by you or the company you represent satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”. For the purposes of this clause, a “data message” means data generated, sent, received or stored by electronic means.
  19. Changes and amendments
    1. DelMed reserves the right to do any of the following:
      1. amend these Terms and Conditions;
      2. amend the Content available on the Website;
      3. discontinue any particular part or aspect of the Website;
      4. change the software and hardware required to access and use the Website; and/or
      5. close or upgrade the Website.
  20. How to contact us
    If you have questions about these Terms and Conditions, our Privacy Policy, please contact us at info@delmed.co.za or via the [Contact us] section on the site.