These Terms and Conditions govern your use of the Company website (
www.kaykayhealthcare.com) and your relationship with Kay Kay Healthcare Ltd, Office 204, 2018,Strovolos,77,Strovolou Avenue, Strovolos Center, Nicosia, Cyprus (“we”, “us” or “our”). They relate to sale of
“Non-Controlled Prescription (Rx) drugs/Prescription (Rx) generic drugs, Medecines & Medications (the “Goods”) supplied to you through the Site ( the “Products”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Site. If you have any questions on the Terms and Conditions, please contact
[
support@kaykayhealthcare.com].
These Terms and Conditions were last updated on 31st of July, 2009.
1. Use of the Site

The Site is provided to you for your personal use subject to these Terms and Conditions. By using the Site you agree to be bound by these Terms and Conditions.

Please note that you are responsible for drawing your inferences about the details mentioned for each Drug and its dosages, Pharmacokinetics, Contraindication etc . You are also responsible for complying the provisions with respect to generating the
Prescription (Rx) in electronic Form in the Web site (
www.kaykayhealthcare.com)
2. Sale or Offer to sale on “Non-Prescription (Rx)(OTC) & Prescription (Rx) drugs”

We explicitly declare that as a Drug Law Compliant on-line Pharmacy, we do not deal in those Drugs which are subject to the prohibitory restrictions pursuant to the
YELLOW & GREEN LIST – LIST OF NARCOTICS DRUGS AS NOTIFIED BY THE INTERNATIONAL NARCOTICS CONTROL BOARD, Vienna International Centre, P.O.Box 500,A-1400,Vienna,Autria, web address :
www.incb.org However, we further declare that we are not obliged to comply the specific restrictive requirements of a particular Country or Sovereign State about the supply of Drugs ordered by a Customer of that Country UNLESS such Law or Prohibition specifically applies on to us in our ordinary course of business.

Compliance with regard to the Regulatory conditions including interalia the regulatory order pertaining to the infringement of any Patent right or any specific Prohibitory Order of a Country or the Sovereign State on the ordering and supply of a Particular Drug or Molecule in the country of discharge shall exclusively be the performance and Compliance on the Part of the Customer or the Manufacturer of Drugs/Medecine and this SITE has not obligations in this regard.

We do not own any responsibility if the Drugs is ordered by the Customer by virtue of
self Prescription (Rx) or from the information available on this web site
NOR we are Liable for the veracity of the
Prescription (Rx) generated by the Customer.
3. Amendments

We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Site.

Any changes will be notified to you by email or via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site.

If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.
4. Registration

Before you buy a Product you have to register on the Site.

To register on the Site you must be over eighteen years of age.

You must ensure that the details provided by you on registration or at any time are correct and complete.
Prescription (Rx) drugs ordered shall clearly indicate the details of Prescribing authority, Diagnosis details and the prescribed Drug Details including interalia the dosages and duration of such medications even though is the subject matter of “Over to Counter (OTC)” Drugs.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
5. Password and Security

When you register to use the Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting [
support@kaykayhealthcare.com or other contact details ] immediately.

If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your Account.
6. Prices & Shipping Cost

The price payable for a Product (the “Product Fee”) that you order is clearly set out on the Site.

Every effort is made to ensure that prices shown are correct. If, by mistake, we have under-priced a Product, we will not be liable to supply that Product to you at the stated price, provided that we notify you before we make the Download available to you or dispatch the Good concerned. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the Product at that price.

The price of a Good does not include the delivery charge which will be charged at the rate applicable at the date you place your order and which will be displayed under deliveries on the Site. Normally such Delivery Charges shall though the EMS services be at USD 19.00 for shipment weighing up to 250 gms and any further increase up to 500 gms shall be charges at the rate USD 30.00 up to 500 gms.
7. Payments

You can pay by any Mastercard or Visa credit card.

Your credit/debit card details will never be stored with
www.kaykayhealthcare.com it would, it would directly be paid to the payment gateway.

Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order we will contact you by email (or by telephone if you have not given us an email address).
8. Your use of the Site

You may not use the Site for any of the following purposes:

Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;

Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;

Interfering with any other persons use or enjoyment of the Site; or

Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

The content of the Site is protected by copyright, trade marks, database right and other intellectual property rights. Unless otherwise stated in relation to Downloads below, you may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without our written permission.
9. Availability of the Site

Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to
info@kaykayhealthcare.com and we will attempt to correct the fault as soon as we reasonably can.

Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

We reserve our right to suspend or cancel your registration

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel your registration at any time by informing us in writing at [
sale@kaykayhealthcare.com or other contact details]. If you do so, you must stop using the Site.

The suspension or cancellation of your registration and your right to use the Site shall not affect either party statutory rights or liabilities.
10. Our liability

The Site provides the details of medicines available from the manufacturers of such Medicines/Drugs complying the Provisions of local
FDA regulation and more particularly the quality standards as per
WHO ( World Health Organization) standards and therefore the owner of this site clearly invoke the provisions of ‘Caveat emptor” and in no way shall be held responsible for any losses including collateral arising out of the usage of that particular Drugs.

You will need to make sure that the Drugs being used is in conformity to the
Prescription (Rx) given to you by your Healthcare professional .

You will need to make sure that Site and Downloads are compatible with your equipment. As such, we are not responsible to you for:Inompatibility of the Site and/or a Download with any of your equipment, software or telecommunications links;

Technical problems including errors or interruptions of the Site; and

Inadequacy of the Site and/or a Download to meet your precise requirements.

Our liability to you is limited as follows:

In relation to no receipt of Ordered Goods within 21 Days our liability is only toresend the same provided the same is intimated to us within an expiry of SEVEN DAYS OF INTIMATING YOU WITH THE TRACKING DETAILS;

In relation to any Products, our liability will not exceed the total price charged for the Products; and that too through its re-shipment and
Only Once free of Cost to you.

In relation to the Site, if we are informed of any inaccuracies in the material on the Site including the Drug content ,potency or its Pharmacokinetics , we will attempt to correct the inaccuracies as soon as we reasonably can.

We will only be responsible for any losses that you suffer as a result of our breach of these Terms and Conditions to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.

This shall not limit or affect our liability if something we do negligently causes death or personal injury or in relation to fraud.
11. Third Party Websites
As a convenience to customers, the Site may include links to other websites or material which are beyond its control. We are not responsible for content on any website outside the Site.
12. Advertising and Sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
13. Applicable Law
These terms and conditions will be subject to the laws of Republic of India. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the Cypriot Laws.
14. International Use
We make no promise that materials on the Site are appropriate or available for use in locations outside the Cyprus or European Union, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the republic of Cyprus, you do so on your own initiative and are responsible for compliance with local laws.
15. Miscellaneous

You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.

If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.

The Site is owned and operated by Kay Kay Healthcare Ltd, Office 204, 2018,Strovolos,77,Strovolou Avenue, Strovolos Center, Nicosia, Cyprus

If you have any queries please contact
support@kaykayhealthcare.com.
16. Acceptance

Your order is an offer to buy from us. Supplies will be made available to you by providing the tracking number of Shipment ( within SEVEN WORKING DAYS hereof) once your payment has been authorized. There will be no contract of any kind between you and us unless and until you make authorized payment of the Product Fee. At any point up until then, we may decline to supply a Download to you without assigning any reason thereof.

Where Goods are dispatched separately, our acceptance of the order in respect of each Good takes place when that Good is dispatched.

By placing an order you are authorizing us to accept signature from another person on your behalf if you need to sign for a Good and you are not present at the time of delivery.
17. Cancellations & Consignment Return

Once you have paid the Product Fee for we will arrange shipment of ordered Material as per our Shipping Policy to you unless cancelled within 24 Hours from the time of your ordering, You shall not able to cancel any purchase or requesting Charge Backs for the Ordered Products.

We shall be constrained to declare the there shall not be any refund of money so paid to us for the consignment which has been either be forfeited, confiscated to returned back to us for the reasons of any application of Law at the port of destination or for any wrong address supplied to us or the addressee not turning up for collection of goods at the port of discharge of shipment.
18. Availability
If a Good is not in stock an ‘out of stock’ flag, with an ‘e-mail me when this Good becomes available’ option, will be shown. If for any other reason beyond our reasonable control, we are unable to supply a particular Good we will not be liable to you except to ensure that you are not charged for that Good.
19. Delivery

Delivery will be made to the address specified by you on the completed order form.

We use a variety of delivery methods, depending on the size of a Good you order and the speed with which you wish to receive it. The methods of delivery and the delivery charges are set out under deliveries on the Site. The different process for rearranging delivery if no-one is available at your address when a Good arrives is also set out there.

We aim to deliver most of your Goods within 30 days. Whilst we make every effort to deliver all your Goods within 30 days of the date of your order, we shall not be liable if we fail to do so in part or in full due to circumstances beyond our control. We shall contact you to let you know if we are having any problems getting a Good to you on time.

Ownership of a Good will not pass to you until we have delivered the Good to you. Once a Good is delivered, risk of damage to or any loss of any nature and magnitude thereby is with you.