TERMS AND CONDITIONS

1. NATURE AND APPLICABILITY OF TERMS

1. Please carefully go through these terms and conditions (“Terms”) and the privacy policy (“Privacy Policy”) available at GEORGITA web site http://georgita.ge/en/terms before You decide to use this application. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between You and GEORGITA in connection with Your use of the Services (as defined below). The owner of the GEORGITA is JSC “GEPHA” (legal entity established and operating pursuant to the Georgian legislation, with Company # 201991229).
2. This Agreement applies to those services made available by web page GEORGITA (Also referred to as the “Web site”, “We” or “Us”), which are offered free of charge to the Users (Also referred to as the “End-User” or “You”) (“Services”), including the following:
- 2.1. Facility to (i) search for products;
- 2.2. Facility to display loyalty cards/points.
3. The Services may change from time to time, at the sole discretion of GEORGITA, and the Agreement will apply to Your visit and to Your use of the Web site to avail the Service, as well as to all information provided by You to the App at any given point in time.
4. This Agreement defines the terms and conditions under which You are allowed to use the web site and describes the manner in which We shall treat Your account while You are registered as a user of the GEORGITA. If You have any questions about any part of the Agreement, feel free to contact us at info@euro-line.ge.
5. By downloading or accessing the web site to use the Services, You irrevocably accept all the conditions stipulated in this Agreement, the Terms and Conditions and Privacy Policy (http://georgita.ge/en/terms), as available on the web site, and agree to abide by them. This Agreement supersedes all previous terms and conditions (if any) communicated to You relating to Your use of the web site to avail the Services. By availing any Service, You signify Your acceptance of the terms of this Agreement.
6. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to You via GEORGITA web site and You should read the Agreement at regular intervals. Your use of the App following any such modification constitutes Your agreement to follow and be bound by the Agreement so modified.
7. You acknowledge that You will be bound by this Agreement for availing any of the Services offered by Us. If You do not agree with any part of the Agreement, please do not use the web site or avail any Services.
8. Your access to use of the web site will be solely at the discretion of GEORGITA.
9. The Agreement is published in compliance of and is governed by the law of Georgia.

2. CONDITIONS OF USE

1. You must be 18 years of age or older to register, use the Services, or visit or use the web site in any manner. By registering, visiting and using the App or accepting this Agreement, You represent and warrant to GEORGITA that You are 18 years of age or older, and that You have the right, authority and capacity to use the web site and the Services available through the web site, and agree to and abide by this Agreement.
The User has an option to access the App either with username and password.

3. TERMS OF USE
3.1. END-USER ACCOUNT AND DATA PRIVACY

1.1. The terms “personal information” and “special categories of data” are defined under the law of Georgia on Personal Data Protection and are reproduced in the Privacy Policy (http://georgita.ge/en/terms).
1.2. The User is expected to read and understand the Privacy Policy, so as to ensure that he/ she has the knowledge of, inter-alia:
- 1.2.1. the fact that certain information is being collected;
- 1.2.2. the purpose for which the information is being collected;
- 1.2.3. the nature of collection and retention of the information; and
- 1.2.4. the various rights available to such Users in respect of such information.
1.3. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the App. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify GEORGITA of any actual or suspected unauthorized use of the User’s account or password. Although GEORGITA will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of GEORGITA or such other parties as the case may be, due to any unauthorized use of Your account.
1.4. If a User provides any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or GEORGITA has reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete, GEORGITA has the right to discontinue the Services to the User at its sole discretion.

3.2. LISTING CONTENT AND DISSEMINATING INFORMATION

2.1. GEORGITA collects, directly or indirectly, and displays in the WEB SITE relevant information regarding medications and their availability. GEORGITA takes reasonable efforts to ensure that such information is updated at frequent intervals.
2.2. The Services provided by GEORGITA or any of its service providers are provided on an "as is" and “as available” basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). GEORGITA does not provide or make any representation, warranty or guarantee, express or implied about the WEB SITE or the Services. GEORGITA does not guarantee the accuracy or completeness of any content or information provided by Users on the WEB SITE. To the fullest extent permitted by law, GEORGITA disclaims all liability arising out of the User’s use or reliance upon the WEB SITE, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Web site, or any opinion or suggestion given or expressed by GEORGITA or any User in relation to any User or services provided by such User.
2.3. The Web site may be linked to other application(s) of third parties, affiliates and other applications of business partners. GEORGITA has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such applications or made available by/through the Web site. Inclusion of any link on the Web site does not imply that GEORGITA endorses the linked site. User may use the links and these services at User’s own risk.
2.4. GEORGITA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of the web site or the downloading of any material, data, text, images, video content, or audio content from the web site. If a User is dissatisfied with the web site, User’s sole remedy is to discontinue using the web site.
2.5. If GEORGITA determines that You have provided fraudulent, inaccurate, or incomplete information, including through feedback, GEORGITA reserves the right to immediately suspend Your access to the web site or any of Your accounts with GEORGITA and makes such declaration on the web site alongside Your name as determined by GEORGITA for the protection of its business and in the interests of Users. You shall be liable to indemnify GEORGITA for any losses incurred as a result of Your misrepresentations or fraudulent feedback that has adversely affected GEORGITA or its Users.

3.3. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.1. The contents listed on the Web site are:

Your first name and last name;
Device that You use for web site;
City and country of Your residence;
Contact data (such as email address and phone number);
Demographic data (such as Your gender and date of birth);
Your ID number or number of any other identification document, issuing country;
Data regarding Your usage of the services.
Information about loyalty or reward cards;
First 6 and last 4 digits of Debit/credit card number, name and last name of card holder and unique code of transaction;
Payments transactions for services/products purchased via GEORGITA;
The information that is collected by GEORGITA directly or indirectly from the Users .Copying of the copyrighted content published by GEORGITA on the web site for any commercial purpose or for the purpose of earning profit will be a violation of copyright and GEORGITA reserves its rights under applicable law accordingly.
- 3.2. GEORGITA authorizes the User to view and access the content available on or from the web site solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the web site, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the web site (collectively, "GEORGITA Content"), are the property of GEORGITA and are protected under copyright, trademark and other respective laws. User shall not modify the GEORGITA Content or reproduce, display, publicly perform, distribute, or otherwise use the GEORGITA Content in any way for any public or commercial purpose or for personal gain.

3.4. PURCHASE OF PRODUCTS

4.1. The process of purchase of products initiates by the using search function. A Consumer chooses a specific product then he chooses a debit/credit card that he wants to make purchase with.
4.2. Order confirmation will be sent to the store upon purchase confirmation. Personal information of the consumer will not pass on to the store at this stage.
4.3. Since GEORGITA database is updated periodically and does not instantly reflect changes in store's warehouse, GEPHA does not guarantee that the medicines ordered by the customer will actually be in stock.
4.4. The next step is to check the balance of products at the store electronic database. It may appear that the quantity ordered by the user is not fully in stock GEORGITA notifies (by a call or sms notification) the customer that the medication is not fully in stock.
4.5. If any medication ordered by a customer is not completely in stock GEORGITA will ask the customer if they would still like to place an order, regardless of the circumstances. The customer is given 1 hour for reply. If the customer does not respond within this time, GEORGITA will automatically cancel the order and fully refund the customer the paid amount.
4.6. On the next step, the employee is provided with the information about the order at store, after which he searches for /collects the prescribed products. If the emplyee discovers that any product is incomplete in the warehouse, he will report it to the GEORGITA system. GEORGITA, notifies the customer about this and asks if he wants to place an order, despite the above. The customer is given 2 hours to reply. If the customer does not reply within this time, GEORGITA will automatically cancel the order and refund the full amount paid by the customer.
4.7. The ordered package is stored in the pharmacy for 7 calendar days after ordering. If the customer fails to appear during this period for the ordered medication, the order will be canceled, the employee will return all products to the warehouse and the customer will not be refunded.
4.8. In case of delivery service GEORGITA is not responsible for timely or flawless delivery of the package to the customer. Delivery service provider carries full responsibility for above mentioned.

3.5. REVIEWS AND FEEDBACK

5.1. By using this web iste, You agree that any information shared by You with GEORGITA or with any will be subject to Our Privacy Policy.
5.2. You are solely responsible for the content that You choose to submit for publication on the web site. GEORGITA disclaims all responsibility with respect to the content provided by the User including ratings and reviews, and its role with respect to such content is restricted to its obligations as an intermediary. GEORGITA shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
5.3. You agree that GEORGITA may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- 5.3.1. Obtaining feedback in relation to GEORGITA’s services; and/or
- 5.3.2. Resolving any complaints, information regarding Your ratings and reviews; and/or
- 5.3.3. Receiving respective Services; and
- 5.3.4. You agree to provide Your fullest cooperation further to such communication by GEORGITA.

4. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

1. GEORGITA hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- 1.1. belongs to another person and to which the User does not have any right to;
- 1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- 1.3. harm minors in any way;
- 1.4. infringes any patent, trademark, copyright or other proprietary rights;
- 1.5. violates any law for the time being in force;
- 1.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- 1.7. impersonate another person;
- 1.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 1.9. threatens the unity, integrity, defense, security or sovereignty of Georgia, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
2. Users are also prohibited from:
- 2.1. violating or attempting to violate the integrity or security of the GEORGITA content;
- 2.2. transmitting any information (including job posts, messages and hyperlinks) on or through the web site that is disruptive or competitive to the provision of Services by GEORGITA;
- 2.3. submitting on the web site any incomplete, false or inaccurate information;
- 2.4. making any unsolicited communications to other Users;
- 2.5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the App;
- 2.6. attempting to decipher, decompile, disassemble or reverse engineer any part of the web site;
- 2.7. copying or duplicating in any manner any of the GEORGITA framing or hot linking or deep linking any GEORGITA content;
- 2.8. Codifying of any GEORGITA content, using hot or deep links;
- 2.9. circumventing or disabling any digital rights management, usage rules, or other security features of the software.
3. GEORGITA, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 4.1 and 4.2. GEORGITA shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, GEORGITA has the right to immediately terminate the access or usage rights of the User to the web site and Services and/or to remove non-compliant information from the web site.
5. GEORGITA may disclose or transfer Your personal information in the event it is required to do so by law, supervisory body/authority or law enforcement agency or when GEORGITA, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms.
6. GEORGITA respects the intellectual property rights of others. Any violation of any intellectual property rights will not be tolerated.

5. TERMINATION

1. GEORGITA reserves the right to suspend or terminate a User’s access to the web site and the Services with or without notice and to exercise any other remedy available under law, in cases where:
- 1.1. Such User breaches any terms and conditions of the Agreement;
- 1.2. A third-party reports violation of any of its right as a result of Your use of the web site or the Services;
- 1.3. GEORGITA is unable to verify or authenticate any information provided to GEORGITA by a User;
- 1.4. GEORGITA has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- 1.5. GEORGITA believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for GEORGITA or are contrary to the interests of the web site.
2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the web sire by such User.
3. In case You want to delete Your account, You can do so by contacting our service support team at info@euro-line.ge .

6. LIMITATION OF LIABILITY

1. In no event, including but not limited to negligence, shall GEORGITA, or any of its directors, officers, employees, agents, representatives (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, or any type of damages arising from, or directly or indirectly related to, the use of, or the inability to use, the web site or the content, materials and functions related thereto, the Services, User’s provision of information via the web site, lost business or lost End-Users. In no event shall the Protected Entities be liable for:
- 1.1. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the web site;
- 1.2. any unauthorized access to or alteration of Your transmissions or data; or
- 1.3. any other matter relating to the Service.

7. RETENTION AND REMOVAL

1. GEORGITA may retain such information collected from Users of the web site or Services for as long as necessary, depending on the type of information, purpose, means and modes of usage of such information and according to the Georgian legislation on personal data protection.

8. APPLICABLE LAW AND DISPUTE SETTLEMENT

1. You agree that this Agreement and any contractual obligation between GEORGITA and User will be governed by the laws of Georgia.
2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement, or Your use of the web site or the Services or information to which it gives access, shall be determined by respective courts of Georgia.

9. CONTACT INFORMATION

1. If a User has any questions concerning GEORGITA, this Agreement, the Services, or anything related to any of the foregoing, GEORGITA customer support can be reached at the following email address: info@euro-line.ge .

10. SEVERABILITY

1. If any provision of the Agreement is held by competent courts of Georgia to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

11. WAIVER

1. No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by GEORGITA. Any consent by GEORGITA to, or a waiver by GEORGITA of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE