Terms and Conditions – Portugal
Pharmacies and Dispensation
- 1 KEY PRINCIPLES
- 2 About us
- 3 Acknowledgement
- 4 TERMS
- 4.1 2. The App(s)/Website(s) Services
- 4.2 3. Dispensation and Delivery Services
- 4.3 4. Using the App(s)/Website(s) Services
- 4.4 5. Your Obligations
- 4.5 6. Charges and Payment
- 4.6 7. License
- 4.7 8. Intellectual Property
- 4.8 9. Your liability and Indemnity
- 4.9 10. Disclaimer
- 4.10 11. Termination
- 4.11 12. General
- 4.12 13. Dispute Resolution Process
- 4.13 14. Governing Law and Jurisdiction
- These Terms and Conditions apply to pH7’s mobile applications and/or websites in Portugal.
- pH7’s App(s)/Website(s) Services enable you to sell and delivery cannabis-based medicines and medicinal products or substances remotely to its Users.
- These services are facilitated through pH7’s mobile applications and/or websites in Portugal.
- Regarding the sale and delivery of cannabis-based medicines and medicinal products or substances you are contracting directly with the Users of the App(s)/Website(s).
- Please read these Terms and Conditions carefully. They include information about our services, your rights, and other important information.
We are TETRODAXOL UNIPESSOAL LDA, a private limited liability company established in Portugal, registered at the Portuguese Chamber of Commerce under the number 56317441 and having its offices at Office R. Casimiro Freire 1 1900-142, LISBOA. You can contact us at help.pH7.com.
By accessing, visiting, or using pH7’s mobile applications, you declare to be fully and clearly aware of the rules and warnings included in these Terms and Conditions, and accept to be governed by them.
If you do not agree with the Terms and Conditions, you should not access or use pH7’s mobile applications or any of its contents.
To facilitate the understanding of the legal framework for the dispensation and delivery of medical cannabis in Portugal, we make available in our App(s)/Website(s) a Legal Summary especially addressed to Pharmacies, which we highly encourage you to consult.
These terms cover your access and use of pH7’s mobile applications and/or websites (the “Terms”), as a Service Provider for the sale and delivery of cannabis-based medicines and medicinal products or substances.
2. The App(s)/Website(s) Services
2.1. The services provided to you by pH7 consist of:
2.1.1. Access to and use of pH7’s mobile applications and/or websites which enable you to display your medicines and medicinal products or substances online and for the Users to purchase them; and
2.1.2. Payment collection and payment processing services (including facilitating issuing invoices and receipts) allowing us to charge the Users for the dispensation and delivery services and to pay charges into your bank account (TETRODAXOL UNIPESSOAL LDA, may engage an affiliate or a third party to provide these services on its behalf).
2.2. These Terms apply to your use of the App(s)/Website(s) Services in Portugal. By accessing and using the App(s)/Website(s) Services in another country, you may be subject to country-specific terms.
3. Dispensation and Delivery Services
3.1. pH7 acts as an agent for the sale and delivery of cannabis-based medicines and medicinal products or substances, which will be carried out by you directly to pH7’s App(s)/Website(s) Users.
3.2. pH7 will only allow the display of cannabis-based medicines, products or substances duly authorized by the Portuguese National Authority of Medicines and Health (INFARMED).
3.3. The price of the cannabis-based medicine or substance is set by the pharmacy, according to the applicable regulation and pH7 doesn’t have any influence on it.
3.4. By accepting these Terms and in order to provide dispensation and delivery services through pH7’s App(s)/Website(s), you ensure that:
- Have communicated to the INFARMED the intention to pursue the home delivery and dispensation activities.
- Have the necessary qualified staff to ensure home delivery in accordance with the legal requirements.
- Undertake to provide pH7 and pH7’s App(s)/Website(s) Users with all information legally required in relation to their products.
3.5 Pharmacies are aware that they are fully responsible for their own compliance with the dispensation of medical cannabis and home-delivery regulations, and that this responsibility is not in any way transferred to pH7.
3.6. By accepting these Terms you acknowledge and agree that, upon receiving an order, pH7 App(s)/Websites(s) may ask the User to rate your services and, at User’s discretion, to provide an opinion or comments regarding User’s experience with you. pH7 reserves the right to use, share and display User’s Comments in any manner in relation to pH7’s activity without attribution or approval from you. pH7 reserves the right to edit or remove comments if they include obscenity or other objectionable content, including an individual’s name or personal data, violate any applicable privacy or other applicable laws and regulations, or violate pH7’s content policies.
4. Using the App(s)/Website(s) Services
4.1. To use the App(s)/Website(s), you must register in pH7’s mobile applications and/or websites and set up an account. At the time of registration, you must comply with the abovementioned requirements regarding your activity as a Pharmacy.
4.2. You must provide us with certain personal information to register, including your phone number, email address and license number. To provide your services through the App(s)/Website(s), you need to provide one bank account information and corresponding documents.
5. Your Obligations
5.1. When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for the purposes for which they were intended as otherwise referenced in these and other existing Terms. You must not misuse pH7’s mobile applications and/or websites or attempt to defraud either us, Users or other Providers.
5.2. You must provide accurate and complete information when you register an account and when using the App(s)/Website(s) Services.
5.3. Your account is personal to you. It cannot be licensed or shared. Once you have set up an account, you:
- may not register more than one account unless we agree otherwise in writing.
- may not allow third parties to use your account or transfer your account to a third party.
- must keep your account information accurate, complete and up to date.
- must keep your login details confidential at all times, and
- must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
5.4. You must not, in your use of the App(s)/Website(s), cause nuisance, annoyance, inconvenience, or property damage, whether to the User, pH7 or any other party.
6. Charges and Payment
6.1. Charges for the App(s)/Website(s) Services
6.1.1. For using the App(s)/Website(s) Services, you’ll be charged a commission of 15 % (fifteen percent) of the price of each User’s purchase. This commission is applied to the amount of the purchase excluding VAT.
6.1.2. The purchase value presented to the User includes VAT, but you are solely responsible for determining and setting the applicable VAT, and identifying and informing pH7 of the correct amount of VAT. You are the only responsible for the payment of all applicable taxes.
6.1.3. pH7 deducts the commission from the payment charged to the User on behalf of the Pharmacy.
6.1.4. All payments for the use of the App(s)/Website(s) will be made in Euros.
Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or use of pH7’s mobile applications and/or websites on your device solely for your use and for you to access and use the information made available through pH7’s mobile applications and/or websites. Any rights not expressly granted herein are reserved by pH7 and pH7’s licensors.
8. Intellectual Property
We reserve all rights not expressly granted in these Terms. Our App(s)/Website(s) Services, our devices and all data gathered through pH7’s mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain our property or the property of our licensors. You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the pH7’s mobile applications and/or websites); (b) reverse engineer or attempt to extract the source code of pH7’s mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of pH7’s mobile applications and/or websites or data; (d) use, display, or manipulate any of pH7 Names, Marks, or Works for any purpose other than to use the pH7’s mobile applications and/or services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include pH7 Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use pH7 Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any pH7 Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in pH7’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license granted above.
9. Your liability and Indemnity
9.1. You are liable for any damage suffered by us and by our App(s)/Websites(s) Users as a result of your violation of these Terms, your misuse of the App(s)/Website(s) Services, or your violation of any laws or third-party rights. You are liable for all activities conducted through your account unless such activities are not authorized by you and you are not otherwise negligent.
9.2. In order to have access to the App(s)/Websites(s), you agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to a breach of these Terms, breach of applicable law or third-party claims directly or indirectly related to your use of the Third Party Services, the pH7 Provided Services or your use of the Services generally.
We provide the App(s)/Website(s) Services “as is” and “as available.” The App(s)/Website(s) Services may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available or error-free at all times.
11.1. You are free at all times to use the App(s)/Website(s) Services and may terminate these Terms and the App(s)/Website(s) Services by closing your account.
12.2. We may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and pH7 for the provision of pH7 Provided Services which refer to these Terms.
12.3. pH7 may, in its sole discretion, terminate these Terms or discontinue the App(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.
12.4. If we cannot send the payments to your bank account we may suspend or remove your access to pH7’s mobile applications and/or websites until payment is made.
12.1. pH7 may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you in pH7’s mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with clause 16.1.
12.2. The invalidity of any clauses in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable clause shall be deemed deleted.
12.3. We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Terms or by law. You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as your use of the pH7’s mobile applications and/or websites is personal, unless agreed otherwise.
12.4. These Terms are our entire agreement with you, together with any additional agreement relating to the provision of App(s)/Website(s) Services, and replace all previous agreements relating to your access and use of the App(s)/Website(s) Services.
12.5. You may be required to accept additional terms to access or use the App(s)/Website(s) Services. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.
12.6. There are no third-party beneficiaries to these Terms except as provided for in this agreement.
13. Dispute Resolution Process
pH7 may make available to users acting as consumers a mediation scheme for consumer disputes related to the App(s)/Website(s) Services or these Terms with a view to their amicable resolution. In accordance with Law no. 24/96 of 31 July and Law no. 144/2015 of 8 September (in its current version), for any dispute of a contractual nature relating to the App(s)/Website(s) Services which could not have been resolved in the context of a complaint previously submitted to pH7’s customer service, consumers may resort to the following alternative dispute resolution providers at reduced or no costs. Eligible consumers can also submit complaints about our Services or these Terms to the European Commission’s online dispute resolution platform accessible here pursuant to the Regulation (EU) No 524/2013 of 21 May 2013. pH7 does not commit to using an online dispute resolution platform to resolve consumer disputes.
14. Governing Law and Jurisdiction
These Terms shall be exclusively governed by and construed in accordance with the laws of Portugal, excluding its rules on conflicts of laws, unless, if you reside in the EU, statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, in which case those provisions may apply. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. You may bring judicial proceedings relating to the Services before a competent Portuguese court. If you reside in the EU you may also bring judicial proceedings relating to the Services before the competent court of your country of residence. If you reside in the EU, we may only bring judicial proceedings against you in your country of residence, unless you are not acting as a consumer in which case you agree to submit to the exclusive jurisdiction of the Dutch courts, within the limits provided by applicable law in your country of residence.
By accepting these Terms, you agree to be bound by these Terms.