Terms & Conditions
TERMS AND CONDITIONS OF
WWW.PHARMACHOICE.COM, WWW. PHARMACHOICE.SHOP, RX2GO MOBILE APPLICATION
Last revision: Aug 9, 2021
The following Terms and Conditions govern and apply to your use of or reliance upon Sites or mobile applications maintained by PharmaChoice Canada (“Sites”, “Applications”, “Services”, collecting known as the “the Site”).
Your access or use of the Site indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Site. Your continued use of the Sites and mobile applications (the “Site”) will be considered your acceptance to the revised Terms and Conditions.
1. AGE RESTRICTION
The Services are intended for Canadian residents who are over the age of legal majority in the province/territory where they reside (including by persons over the age of legal majority for the benefit of persons under the age of legal majority, provided the user is the parent or legal guardian of the person under the age of legal majority). By accessing the Services you represent that you are at least the age of legal majority where you reside and you agree to use the Services in accordance with all applicable local, provincial, national or international laws and regulations.
2. INTELLECTUAL PROPERTY
All intellectual property on the Site is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Site, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
3. ACCOUNT AND ACCOUNT USE
If your use of the Site requires an account identifying you as a user of the Site (an “Account”):
- a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
- b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
- c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
When you make a purchase on the Site, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and delivery/shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
5. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Site. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk. For goods or services sold by others, we assume no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue that claim directly with the manufacturer or seller and not with us. You agree to release us from any claims related to goods or services manufactured or sold by third parties, including any and all warranties or product liability claims.
In the event of a discrepancy between the order total received via the Customer Order Confirmation Email and the finalized order total processed by your method of payment, the amount of the finalized order total processed by your method of payment will prevail.
Questions or concerns regarding order totals or the individual pricing of items in an order should be directed to the selling location identified in the Customer Order Confirmation Email received by the customer.
6. SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping or delivery address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We may also request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment or delivery. You agree to monitor your method of payment. Shipment and delivery costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:
238A Brownlow Ave, Suite 102
Dartmouth, NS B3B 2B4
If you are unhappy with anything you have purchased on our Site, you may do the following:
Contact the selling location specified in the Customer Order Confirmation Email and inquire as to the location’s returns policy. Return policies may vary by location and the decision to provide a return, exchange, or refund are at the discretion of the location that fulfilled the order.
7. AFFILIATE MARKETING & ADVERTISING
We, through the Site and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Site. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
8. ACCEPTABLE USE
You agree not to use the Site for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Site in any way that could damage the Site, the services or the general business of PharmaChoice Canada.
You further agree not to use and/or access the Site:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of us or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate or discrimination towards any group;
- To unlawfully gather information about others.
9.PROTECTION OF PRIVACY
Through your use of the Site, you may provide us with certain information. By using the Site, you authorize us to use your information in Canada and any other country where We may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Site, we may also receive information from external applications you use to access our Site, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our Site, including through email communication. We may also track certain passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.
10. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Site;
- b) Violate the security of the Site through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
11. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Site is at your own risk.
You defend and indemnify PharmaChoice Canada and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Site, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.
You are strictly prohibited from using the Site or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
We may occasionally post links to third party Sites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Site.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
16. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Site to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Site may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
17. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Site, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Site or our or any third party’s equipment or network is impaired by your use of the Site, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Site, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Site.
18. NO WARRANTIES
Your use of the Site is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Site will meet your needs or that the Site will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Site or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Site is your sole responsibility and we are not liable for any such damage or loss.
Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this Site are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
20. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Site, to the fullest extent permitted by law. The maximum liability of PharmaChoice Canada arising from your use of the Site is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to PharmaChoice Canada in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.