Magani

Terms of use

Magani.org

Magani.org belongs to MMP ACCESS DMCC, a company registered in Dubai DMCC, UAE. MMP ACCESS is an entity 100% owned by Médecins Sans Frontières France (MSF). Médecins Sans Frontières is a non-profit, self-governed, member based international organisation that provides medical assistance to people affected by conflicts, epidemics, disasters or exclusion from healthcare. MSF teams are bound together by the MSF Charter and their actions are guided by medical ethics and the principles of impartiality, independence and neutrality.

These terms and conditions (the “Terms”) are intended to define the conditions of use of the Platform by the Individual Users and the conditions of sale of Products between the Medicine Vendor(s) and the Individual User. MMP ACCESS DMCC may revise these Terms at any time by adding, modifying or deleting terms. The new Terms shall be binding immediately after the updated version has been incorporated into the Platform.

DESCRIPTION OF THE OPERATIONS OF THE PLATFORM

MMP ACCESS owns and operates the Platform: it deals with the purchase orders placed by the Individual Users, verifies the medical prescriptions and, if necessary, exchanges in writing with the patients or the prescribers to validate the purchase orders. Once the order is approved by the Platform, the Products are sold and delivered by the Medicine Vendor(s) to the Individual Users. The Medicine Vendor(s) are responsible for packaging and labelling the Products, editing the invoices, delivering and selling the Products to the Individual Users. The transportation of the Products and the associated responsibilities are carried out by an international courier.

MMP ACCESS cannot be considered as the seller of the Products delivered through the Platform.

REGISTRATION AND APPROVAL OF THE PURCHASE ORDER

The ordering process of the Products is as follows:

  • the full registration of the Individual User is completed.
  • the purchase orders for the Products are placed by the Individual User with the Platform.
  • the Individual User uploads the medical prescription delivered by an authorized and registered doctor in her/his country; the medical prescription must be genuine, complete and valid in accordance with the applicable laws and regulations in the country in which the Individual User resides
  • the patient questionnaire is fully completed by the Individual User
  • for hospital medication only, the medical form is completed by the Prescriber
  • the purchase orders and the corresponding medical prescription are checked and validated by MMP ACCESS; MMP ACCESS may refuse any purchase order when there are doubts on the validity of the corresponding medical prescription; additional information will be requested to the Prescriber in case of treatments that can be administered only in a health facility
  • the Individual Users proceeds with the payment
  • the purchase order is automatically transmitted to the Medicine Vendor
  • the Individual User is informed that the Products will be sold, prepared and dispatched by the Medicine Vendor

Once paid through the Platform, a purchase order cannot be withdrawn.

PRICE AND PAYMENT MODALITIES

The prices of the Products to be sold by the Medicine Vendors to the Individual Users are set in the Platform Catalogue. Medicine Vendors will invoice the Individual Users for the ordered Products. Individual Users securely pay Medicine Vendors’ invoices using debit cards or mobile money. The payment of the price for the Products and associated costs will be collected by the payment service provider FLUTTERWAVE (Flutterwave Digital Services LLC, a company incorporated under the Laws of the Emirate of Dubai, Office No. 224-1101 Seven Tides Limited, Jebel Ali Alwal, Dubai, UAE), in the name and on behalf of the Medicines Vendors.

DELIVERY OF THE PRODUCTS BY THE MEDICINES VENDORS

The Products will be delivered to the delivery address indicated by the Individual User, in the countries supported by the Platform only.

The delivery procedure will be as follows:

  • the transportation costs are notified to and paid by the Individual User.
  • the Products are delivered by the Medicines Vendor, through an international courier, to the delivery address indicated by the Individual User. It is the Individual User’s responsibility to ensure that the delivery address is correct; the Medicine Vendors and MMP ACCESS shall not be held liable in the event of non-delivery of the Product due to an error in the delivery address communicated by the Individual User.
  • the Individual User receives an email from the Platform informing him/her that the Products have been dispatched by the Medicine Vendor.
  • the Individual User may find out about the progress of the order delivery using the tracking number of the international courier.

CLAIM MANAGEMENT

In the event of a complaint concerning the Products delivered (damaged Products, Products not conforming to the order, missing Products), the Individual User must use the contact form.Temperature deviance indicator shall be placed in the parcel by the Medicines Vendors. The damaged, non-conforming or missing Product duly evidenced will be either replaced or refunded by the Platform at no extra cost for the Individual User. The Individual User shall not use the Products until receipt of instructions from the Platform. In any case, the Individual User shall strictly follow the instructions provided by the Platform.

Return of Products is not permitted as it’s against pharmaceutical regulations in the vast majority of countries. The Individual User is solely responsible for the proper disposal of any unused Products.

CUSTOMS DELAYS OR DUTIES

Individual Users are informed that the customs department or authorities of their country may require administrative formalities to be completed and/or the payment of customs duties and/or taxes to import the Products into their country. Those formalities and payments may cause delays in the delivery of the Products. The Individual Users shall be solely responsible for the completion of those formalities and payments.

Notwithstanding anything to the contrary in those Terms, the Medicine Vendors and MMP ACCESS shall not be held liable for any delays caused by customs formalities and/or payment of customs duties in the country of delivery.

LIABILITY

The Individual User is solely responsible for personally importing the Products in his/her country of residence and for complying with the applicable laws and regulations in this country.

MMP ACCESS and/or the Medicine Vendors shall not be held liable for any liability resulting from the importation of Products by the Individual Users into their country and/or from the breach by the Individual Users of the applicable laws and regulations in their country of residence and/or from breach of these Terms, errors or omissions in the patient questionnaire by the Individual User or in the medical form by the Prescriber or any prescription error.

QUALITY COMPLAINT AND PHARMACOVIGILANCE

MMP ACCESS and/or MSF, as mere intermediary in the transaction between the Medicine Vendor(s) and the Individual User, shall incur no liability of whatsoever origin, cause or ground of action in relation to any claim regarding the quality or safety of the Products.

In the event of a pharmacovigilance case (i.e. side effect) or quality complaint regarding Products, the Individual User must complete the appropriate form via the contact form, selecting either “I want to report a side effect” or “I have a quality issue.” The reported information will be forwarded to the Medicine Vendor, who will take the necessary actions according to the applicable law. The Individual User shall not use the Products until receipt of instructions from the Platform. In any case, the Individual User shall strictly follow the instructions provided by the Platform.

The Platform will either replace or refund the Products that cannot be used at no extra cost to the Individual User.

The Platform will inform the Individual User of any recall of Products. The Individual User shall comply with the instructions provided by the Platform regarding the recalled Products.

DATA PROTECTION

MMP ACCESS collects and uses Individual Users personal data when they use or make a purchase on the Platform. For more information regarding the way MMP ACCESS collects and uses personal data, please refer to the Magani Privacy Policy..

When the Individual User upload patients’ personal data on the Platform provided by MMP ACCESS on behalf of the patients, the Individual User and MMP ACCESS are jointly responsible for processing such data. This subsection only applies to the set of personal data that MMP ACCESS and Individual User process on the Platform as joint data controller.

  • Distribution of responsibilities: MMP ACCESS’ and Individual User’s responsibilities regarding the processing of patients’ data are divided as follow:
    • - The Individual User is responsible for the processing activities that consist in inputting, modifying or deleting patients’ data on the Platform provided by MMP ACCESS to make purchase orders;
    • - MMP ACCESS is responsible for the processing of patients’ data to provide the Products and Services, for analyzing the prescription, for pharmacovigilance and drug safety and for security and fraud prevention.
  • Information of the patients: The Individual User undertakes to inform the patients on the processing operations carried out regarding their data on the Platform and on their rights over their personal data regarding applicable data protection laws.
  • Exercise of patients’ rights: Each party undertakes to notify the other, without undue delay, if they receive any request from patients regarding their rights over their personal data processed on the Platform. The Individual User is responsible for responding to patients’ request regarding the exercise of rights over their data. As far as practicable and upon request from the Individual User, MMP ACCESS will help the Individual User to respond to patients’ requests regarding their rights over their personal data processed
  • Security: Each party undertakes to implement appropriate technical and organizational measures to ensure an appropriate level of security and confidentiality, in particular to prevent from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access the personal data. In particular, MMP ACCESS undertakes to implement the security measures listed in its Privacy policy;
  • Confidentiality: MMP ACCESS undertakes to ensure that the persons authorized to process patients’ personal data on behalf of the Individual User have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
  • Notification of incidents: Each party undertakes to notify the other, without undue delay, if they become aware of a security incident and/or a breach of personal data regarding the data process on the Platform.
  • Data deletion: MMP ACCESS will retain personal data for the duration necessary to maintain Individual Users’ account, provide the Services, comply with legal obligations, resolve disputes, enforce contracts and policies or comply with applicable laws. At the end of these retention periods, MMP ACCESS will delete personal data and all existing copies.
  • International transfers: MMP ACCESS may transfer patients’ data to countries deemed to have an adequate level of data protection or on the basis of adequate safeguards such as per applicable laws, such as Standard Contractual Clauses (means clauses annexed to the EU Commission Implementing Decision 2021/914 of June 4, 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, hereafter “SCCs”) where they are applicable.
  • Demonstration of compliance: the parties undertake to make available to the other party all the information necessary to demonstrate that the personal data have been processed in accordance with the application data protection laws and that the above-mentioned obligations have been respected.

ACCESS TO THE PLATFORM

The Platform is intended to be available 24 hours per day, 7 days per week, except during regularly scheduled as well as during additional, occasional, and/or unforeseeable urgent maintenance and repair periods. MMP ACCESS will endeavor to achieve the highest feasible availability of the Platform and its content. However, no guarantee is given concerning availability of the Platform or any of its content. MMP ACCESS shall not be liable for any loss or damage suffered due to non-availability of the Platform or any Products. MMP ACCESS may, at its sole discretion, remove from the Platform Catalogue one or several Product(s) at any time and for any reason whatsoever.

GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of the United Arab Emirates.