Pharmaserve.com™ has developed and maintains this site, https://pharmaserve.com/ (the “Site”), for the purpose of providing information about the services it offers. Pharmaserve.com™ is a prescription referral service and marketing website organized under the laws of the province of Manitoba, Canada.
Pharmaserve.com™ is not engaged in conducting sales but rather engages in the business of facilitating sales transactions on behalf of authorized pharmacies both within Canada and Internationally. The sole purpose is to facilitate the purchase of pharmaceutical products between the Customer and approved Network Service Providers which are a collection of government approved Canadian or international pharmacies and dispensaries (collectively referred to as “NSP”).
The following terms and conditions (the “Terms of Sale”) related to the services as between the Pharmaserve.com™ and you (the “Customer”) of the products and services (the “Products”) offered for sale by the Pharmaserve.com™.
- 1. The Program
- 1.1 Any individual may register for enrolment in the Pharmaserve member program (the “Program”). Each individual accepted for enrolment in the Program is referred to in these Terms and Conditions as a “Member”, with all of such individuals referred to collectively as “Members”.
- 1.2 In these Terms and Conditions:
- 1.2.1 “NSP” means one of the Network Service Providers which Pharmaserve has selected to make available health services or products for Members, and “NSPs” means more than one NSP;
- 1.2.2 “Prescription” means a direction given by a medical practitioner directing that a stated amount of a drug specified in such direction be dispensed for the Member identified in the direction, and “Prescriptions” means more than one Prescription;
- 1.2.3 “Prescription Medication” means a drug dispensed pursuant to a Prescription;
- 1.2.4 “Product” means any Telecom Health Service (Telemedicine) offered or product sold by one of the NSPs, either requiring a Prescription or not, and “Products” means more than one Product.
- 1.3 Any references to these Terms of Sales shall be deemed to include and incorporate by reference any and all amendments or modifications made thereto by PharmaServe.com™. PharmaServe hereby reserves the right at its sole discretion to modify or amend in whole or in part, these Terms of Sales at any time, with such changes becoming effective immediately upon posting on the website.
- 1.4 Members may arrange to purchase health services or products from one or more NSPs using one of Pharmaserve’s digital telecommunication services themselves or in conjunction with a member service representative (individually, an “MSR” and collectively “MSRs”). MSRs will help the Members facilitate their purchases. This assistance may include obtaining and transmitting the information necessary for the NSP to fill a Member’s order.
- 1.5 When a Member contacts an MSR, the MSR will provide the Member with the cost to the Member of all Product(s) available from each of its NSPs. A single, all inclusive price will be quoted for each product, which price will include, without limitation, the cost to the Member of the Product quoted together with all service charges, commissions and delivery charges charged by any and all parties connected with the transaction including, but not limited to, Pharmaserve, the NSP, the MSR and any delivery service used. Upon receipt of payment, Pharmaserve will be responsible for allocating the funds amongst the parties accordingly. Product offerings and price lists are subject to change, without notice, at the sole discretion of either Pharmaserve or the NSP, as the case may be.
- 1.6 The Program is not an insurance plan. The Program is designed mainly for individuals using maintenance medications for the treatment of long-term conditions.
- 1.7 Pharmaserve is not itself a pharmacy of medical professionals. It will take reasonable steps to determine that any NSP which Customer choose to fill Prescription(s) is licensed under the laws of the jurisdiction where it operates. Pharmaserve shall not be responsible, however, for any errors or omissions that the NSP may make.
- 1.8 NSP’s may choose, for international orders, to substitute a Canadian source and ship from Canada earlier if stock is available.
- 1.9 Due to legal restrictions or scarcity, there may be situations in which a Product a Member may wish to order is not available.
- 2. Enrolment in the Program
- 2.1 Enrolment in the Program is subject to criteria established by Pharmaserve that may be amended or modified at any time, at Pharmaserve’s sole discretion without prior written notice to the Customer. Customer acknowledges and accepts the responsibility to review the most current version of these Terms available on the website.
- 2.2 Some applicants may not qualify for membership in the Program. Those individuals determined to be eligible for enrolment in the Program, shall receive a “Pharmaserve MEMBER ID” (the “ID”) in such format as Pharmaserve from time to time determines. Receipt or possession of an ID is not evidence of membership in the Program. An individual who receives an ID shall use the services ordinarily provided only to Members of the Program (see “The Program” above), then by such use, that individual confirms his/her status as a Member.
- 3. Membership in the Program
- 3.1 Participation in the Program is voluntary, and at Customer’s own risk.
- 3.2 PharmaServe reserves the right to terminate the Program and/or Customer’s participation at any time with or without notice or cause. Upon termination of the Program and/or Participation, Member shall promptly return the Card to Pharmaserve.
- 3.3 Member hereby agree to comply with these Terms. Non- Non-compliance shall result in immediate termination of Program membership.
- 3.4 Membership in the Program shall not constitute or be construed as constituting a partnership, joint venture or principal agency relationship between Member and Pharmaserve.
- 4. Power of Attorney
- 4.1 Customer shall authorize each of Pharmaserve and any NSPs as its agent and attorney for the limited purposes of taking all steps, signing all related documents and acting on its behalf as if the Customer was personally present and acting for itself for the limited purposes of (a) obtaining a legally valid prescription for any prescription which the Customer had sent to Pharmaserve.com™; (b) packaging the Customer’s prescriptions and delivering them to the Customer and (c) in such cases where a Prescription must be issued, re-written or co-signed by a physician licensed to practice medicine in the jurisdiction in which the applicable NSP operates, taking all necessary steps on my behalf to contact such physician and schedule an appointment or otherwise convey the relevant information that Pharmaserve or NSP has about Customer (including health information, product order history, Prescription(s), and my contact information) for his/her review.
- 4.2 Customer’s authorization shall include collection of personal and personal health information and disclosure of such information to Pharmaserve and NSPs and any other health professionals being retained on behalf of the Customer, as required. The Customer’s authorization may be revoked at any time and shall be continued until the Customer revokes it.
- 5. Original Prescription and Personal Examination
- 5.1 The Customer has personally attended, has had a physical examination by and has received a prescription from a duly licensed practitioner (the “Prescribing Practitioner”) within the last 12 months including all suggested diagnostic tests, to ensure that no medical conditions exist that would contraindicate the use of the prescribed Medication.
- 5.2 Prescribing Practitioner duly licensed to practice medicine in the country, province, territory, state, or other applicable jurisdiction, in which Customer resides shall prescribe any Prescription Medication which Customer orders. All prescription(s) must be lawfully obtained by the Customer from their Prescribing Practitioner, who examines them.
- 5.3 Pharmaserve.com™ will not accept any Order unless the customer delivers the Prescribing Practitioner’s original prescription to Pharmaserve.com™ or unless Pharmaserve.com™ receives the original prescription from the Prescribing Practitioner by facsimile.
- 6. Customer Responsibility
- 6.1 Customer hereby represents and warrants that Customer has attained the age of majority and possesses the legal capacity to make independent medical decisions without any and/or all restrictions or limitations.
- 6.2 Customer shall be the sole and exclusive end user of any Prescription Medication ordered through the website and shall use them as prescribed.
- 6.3 Customer hereby agrees not to order Prescription Medication exceeding a three (3) month supply.
- 6.4 Customer hereby warrants and agrees to fully and truthfully disclose all pertinent information and documentation required to fill Prescription(s).
- 6.5 Customer shall notify Pharmaserve of any changes to physical or medical condition by providing an updated Member Questionnaire.
- 6.6 Customer shall immediately contact Customer’s Prescribing Practitioner upon experiencing any unexpected side effect(s) from the ordered Product(s).
- 7. Orders; Prices; Payment Terms; Interest
- 7.1 Pharmaserve may act on behalf of the NSP to collect order information and/or payment.
- 7.2 Orders are not binding upon Pharmaserve until accepted in writing.
- 7.3 The prices for the Products shall be as specified by the NSP and as set forth in Pharmaserve’s website as at the time of acceptance of an order by Pharmaserve.com™.
- 7.4 Prices for Products shall be subject to change without further notice. Credit terms are at the discretion and as specified by the NSP and implemented by Pharmaserve, and unless otherwise specified in writing, payment must be received by Pharmaserve prior to acceptance of an order.
- 7.5 Payment for the Order may be made by a credit card accepted by Pharmaserve, wire transfer, bank draft, personal cheque or money order. If credit terms have been agreed to by Pharmaserve, invoices are due and payable within thirty days after the date of the invoice.
- 7.6 The Customer agrees to pay interest on all amounts past due at a rate of 18 per cent per annum.
- 8. Dispensing
- 8.1 PharmaServe shall only fulfill orders upon receipt of a valid prescription.
- 8.2 In certain cases, a Prescription must be re-written or co-signed by a physician licensed to practice medicine in the jurisdiction in which the NSP filling Customer’s Prescription(s) operates. In such an event, the physician will evaluate the Customer’s medical profile and may approve, but shall not modify the product(s) ordered by the Customer. This relationship shall not replace the relationship Customer has with their Prescribing Practitioner. Where feasible, Prescription Medication ordered by the Customer shall be in the original manufacturer’s packaging, which may or may not be in child-resistant packaging. Customer shall expressly indicate their preference regarding child-resistant packaging at the time of placing the Order.
- 8.3 An NSP may substitute a generic prescription Medication for a brand name Prescription Medication unless explicitly prohibited by the Customer.
- 8.4 Prescription Medication(s) classified as habit forming, narcotic or any other controlled substances shall only be dispensed in jurisdictions where such dispensing is legally permitted and shall only be available for delivery or pickup at the NSP’s location in accordance with the applicable laws and regulations.
- 8.5 The sale of the Prescription Medication shall take place in the jurisdiction where the fulfilling NSP operates. Customer shall become the owner of the Product(s) when the NSP places the Product(s) in a container or otherwise completes the steps necessary to prepare it for Customer’s use. Customer shall be personally responsible for importing the Product(s) to their jurisdiction of residence. Any steps connected with transportation shall be carried out by the Customer or by someone acting as an agent on the Customer’s behalf.
- 8.6 The pharmacists, contracted physicians and NSPs are located and licensed to practice pharmacy or medicine, as the case may be, in various jurisdictions. All treatment received by Customer from each of the said pharmacists, physicians and NSPs shall be received in the jurisdiction in which each such pharmacist, physician or NSP is licensed and/or operates.
- 9. Privacy Policy.
- 9.1 Customer hereby authorizes PharmaServe to (a) collect Customer’s personal health information from (i) Customer’s Prescribing Practitioner; (ii) any NSP and (iii) any Pharmacist and (b) disclose and share Customer’s personal health information with any NSP and/or pharmacist engaged in filling Customer’s prescription(s) or any physician who write, co-signs or re-writes Customer’s prescription(s).
- 9.2 The collection and disclosure of information authorized herein shall be solely for the purpose of facilitating the filing of Customer’s prescription(s). NSPs may also share Customer’s information with each other to fill customer’s prescription(s) and promote safety.
- 9.3 The collection, retention, disclosure and use of Customer’s personal health information by Pharmaserve shall be governed by the privacy policy of Pharmaserve in effect, and as amended, from time to time, in the reasonable exercise of Pharmaserve’s discretion. The Customer agrees to review the Privacy Policy each time it submits an Order.
- 10. Warranties
- 10.1 THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHARMASERVE.COM DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS OF SALE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.
- 10.2 Pharmaserve, and the NSPs, disclaim any and all representations and warranties, whether express or implied, with respect to the Program and Customer’s participation in it.
- 11. Return Policy
- 12. Recall Policy
- 13. Products and Services
- 14. Exports
- 15. Entire Agreement
- 16. Governing Law and Jurisdiction
- 16.1 The Customer understands that Pharmaserve.com™ is a Canadian business registered in the Province of Manitoba and that the Customer is purchasing medications that have been approved for sale in the jurisdiction of the NSPs. All agreements reached or contracts formed with the NSP shall be deemed to have been made in the jurisdiction where the sale takes place and the laws of that jurisdiction shall have sole and exclusive jurisdiction over any dispute arising between the Customer and the Pharmacy. All disputes with Pharmaserve.com™ shall be resolved by reference to Manitoba laws.
- 16.2 Any dispute that arises between Customer and Pharmaserve, its affiliates, related companies, subsidiaries, officers, directors, shareholders, employees or agents, shall be governed by the laws of Canada applicable to contracts formed in Canada, provided that the courts of Canada shall have sole and exclusive jurisdiction over any such dispute, including but not limited to, claims of negligence or malpractice. A Customer located in the United States at the time of the order may choose instead to refer the dispute for binding settlement to the American Arbitration Association, and the supplementary rules for consumer-related disputes shall apply. One arbitrator shall then decide the matter in accordance with the substantive law of Canada. The arbitration shall be governed by the substantive law of Canada, and evidentiary privileges under the law of Canada (such as solicitor-client) shall apply. No action or claim may be brought more than a year after Customer’s receipt of the ordered Product(s). The dispute settlement provisions contained in these Terms and Conditions shall survive regardless of the invalidity of these Terms and Conditions in whole or in part.
- 17. Force Majeure
- 18. Indemnity and Liability
- 18.1 Customer release, discharge, indemnify and hold harmless each of Pharmaserve, the NSPs, the MSRs, each of their respective subsidiaries, affiliates and suppliers, and each of their respective officers, directors, shareholders, agents and employees from any and all liability, claims, causes of actions or damages of any kind, whether direct, indirect, consequential, incidental, punitive or otherwise, however caused and regardless of the theory of liability, arising from or due to:
- 18.1.1 any act, error or omission on the part of any third party who is appointed as Customer’s agent pursuant to these Terms and Conditions;
- 18.1.2 termination of the Program and/or Customer’s participation in it;
- 18.1.3 errors made by a prescribing physician;
- 18.1.4 any problems that arise from Customer’s failure to provide full and accurate information in accordance with these Terms and Conditions;
- 18.1.5 side-effects experienced by Customer from the Product(s);
- 18.1.6 the failure of the Product(s) ordered by Customer to produce a particular effect that Customer or my physician expect or desire;
- 18.1.7 any errors or omissions by the NSP that fill Customer’s Prescription(s) and
- 18.1.8 these Terms and Conditions or Customer’s participation in the Program except where loss is caused by Pharmaserve’s own actions (and not those of other persons such as NSPs, pharmacist, prescribing physicians, Customer or customer’s agent, etc) and Pharmaserve is liable for the loss under the laws of Canada, taking into account all limitations or defences, including those stated in these Terms and Conditions.
- 18.2 Compensation by either party shall be limited to actual losses recoverable under the laws of Canada, excluding punitive or exemplary damages.
- 18.1 Customer release, discharge, indemnify and hold harmless each of Pharmaserve, the NSPs, the MSRs, each of their respective subsidiaries, affiliates and suppliers, and each of their respective officers, directors, shareholders, agents and employees from any and all liability, claims, causes of actions or damages of any kind, whether direct, indirect, consequential, incidental, punitive or otherwise, however caused and regardless of the theory of liability, arising from or due to:
- 19. Severability
- 20. Headings
- 20. Knowledge and Consent
Customer cannot return the Prescription Medication for exchange or refund. Please refer to the returns policy for complete details. Pharmaserve.com™ reserves the right to amend its Return Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Return Policy each time it submits an Order.
We offer a Recall Policy. Please refer to the Recall Policy. for complete details. Pharmaserve.com™ reserves the right to amend its Recall Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Recall Policy each time it submits an Order.
Pharmaserve.com™ may revise and discontinue the Products and Services displayed on the website at any time without prior notice.
It is important to note that not all of the Pharmaserve.com™’s services shown on the website are available in all provinces in Canada or in jurisdictions outside of Canada. The Food and Drug Administration has taken the position that virtually all shipments of prescription drugs imported from an international pharmacy by a United States customer will violate United States law. By placing an Order for product or services, the Customer represents to Pharmaserve.com™ and the Pharmacy that sale, delivery and shipment of the Products will not violate any import, export or other law or regulation in the Customer’s home jurisdiction.
The Customer agrees that these Terms of Sale and any document incorporated by reference or referred to herein constitute the entire agreement between the Customer, Pharmaserve.com™ and the NSP pertaining to the subject-matter of these Terms of Sale, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between the Customer, Pharmaserve.com™ and the Pharmacy. In the event of a conflict between these Terms of Sale and any of the documents incorporated by reference or referred to herein, these Terms of Sale shall govern.
Pharmaserve.com™ shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested products, mail delays, customs delays, lost shipments. Pharmaserve.com™ shall not be responsible to notify the Customer in the event of such delays. The Customer shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases.
The invalidity or unenforceability of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.
The section headings used herein are for convenience of reference only and do not form a part of these Terms of Sale, and no construction or inference shall be derived therefrom.
By placing an order with Pharmaserve.com™, the Customer has read and understands the terms and conditions as set out herein. The Customer represents that he/she consents to the Terms of Sale, and does so with full knowledge and without undue influence or duress. The Customer acknowledges that the Terms of Sale are readily accessible on a 24-hour basis from Pharmaserve.com™’s website and shall be provided to the Customer in hard copy format upon request at any time. The Customer acknowledges having had every opportunity to obtain independent legal advice with respect to the Terms of Sale.