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Customer Agreement
Each time you place an order with us, you acknowledge and agree to the following:
I acknowledge and agree as follows:
- Regarding orders for a prescription drug I hereby authorize and appoint PrescriptionPoint as my agent and attorney for the limited purpose of taking all steps and signing all documents on my behalf necessary to obtain a prescription in Canada or elsewhere that is the equivalent of the prescription that I will send to PrescriptionPoint, to the same extent as I could do personally if I were present taking those steps and signing those documents myself. This authorization includes but is not limited to: collecting personal health information about me; collecting similar information from my prescribing physician (“my Personal Physician”) or pharmacist, disclosing that information to PrescriptionPoint and its authorized agents and having a Canadian physician or international physician (“Reviewing Physician”) where required perform an independent medical review of my medical information prior to issuing a prescriptions.
- There are no additional fees charged to me in connection with a Reviewing Physician reviewing my medical information.
- By reviewing my medical information, the Reviewing Physician is not rendering or providing any service or advice to me whatsoever. I understand that it is my responsibility to have my Personal Physician conduct regular physician examinations of me, including any and all suggested testing by my Personal Physician to ensure that I have no medical problems which would constitute a contraindication to me taking medications prescribed by my Personal Physician. I agree that should I suffer any adverse affects while taking any prescription medication that I will immediately contact my Personal Physician and that in the event I come under the care of another physician, I will inform him or her of any and all medications that I have been prescribed. I acknowledge and agree that PrescriptionPoint recommends regular physician examinations with my Personal Physician whose care I am under and who initially prescribed the medications.
- I understand and agree that treatment, if any, received by using any product purchased through PrescriptionPoint, shall be deemed to be received by me in the jurisdiction from which the product was shipped.
- I further understand that PrescriptionPoint will only verify and provide medications that my Personal Physician has already prescribed to me. No new prescription medications will be provided by PrescriptionPoint. I understand that no controlled medications, narcotics or tranquilizers will be provided. PrescriptionPoint also reserves the right to refuse to arrange for the supplying of medications it determines, in its absolute discretion, are inappropriate.
- I hereby waive any requirements of Reviewing Physician to conduct a physical examination.
- I understand and agree that the review of my medical information by Reviewing Physician is in no way intended as a means to diagnose any medical condition and does not substitute the requirement for me to obtain my own professional medical advice from my Personal Physician. I agree to direct all questions to my Personal Physician. I will consult my Personal Physician before taking any new drug or changing my daily health regimen. I understand that any opinions, advice, statements, services, offers or other information expressed or made available by third parties (including merchants and licensors) are those of the respective authors or distributors or such content.
- I hereby confirm that I am 18 years of age or older and I am fully competent to make my own health care decisions. I am aware of the potential side effects and/or problems associated with prescription medications and understand that it would be a violation of law to falsify any information on my medical questionnaire or other medical records for the purposes of obtaining prescription medication. I agree to truthfully, and to the best of my knowledge, answer all of the questions on my medical questionnaire. I agree that if I fail in any way to fully furnish my complete and accurate medical history or I become aware of any changes to my physical or medical condition in the future and I fail to notify PrescriptionPoint of such failure, I am solely responsible for any adverse effects that I may suffer from taking or continuing to take such prescribed medications.
- I certify that I have had an appointment (and/or) examination with my Personal Physician within the last 12 months from the date hereof.
- I authorize and appoint PrescriptionPoint as my agent and attorney for the purpose of taking all steps and signing all documents on my behalf necessary to package the products I will order in order to have them delivered to me, to the same extent as I could do if I were personally present taking those steps and signing myself.
- I authorize and appoint PrescriptionPoint as my agent and my attorney for the purpose of taking all steps and signing all documents on my behalf necessary for shipping the products I will order as if I had shipped them to my own address.
- I initiated contact with PrescriptionPoint and understand that PrescriptionPoint is not located in the United States.
- The contract for sale for any product I purchase from PrescriptionPoint occurs in and is completed in the jurisdiction from which each product I purchase is shipped from. Title to any product ordered by me passes from PrescriptionPoint to me at the time the product leaves PrescriptionPoint’s affiliated pharmacy or fulfillment center. I understand and agree that PrescriptionPoint may have my order shipped from a pharmacy or international licensed or certified fulfillment center located in Canada, USA, Turkey, Mauritius, United Kingdom, Singapore, New Zealand, European Union and other countries it may select from time to time. I understand and agree that the products supplied from these pharmacies and international licensed or certified fulfillment centers may be sourced from and manufactured in countries other than those listed above, including but not limited to India and Israel.
- These Terms will be governed by and construed in accordance with the laws of the jurisdiction from which products are shipped to me (unless PrescriptionPoint elects otherwise in its sole discretion), without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with my dealings with PrescriptionPoint shall be submitted to and subject to the jurisdiction of the courts in the jurisdiction from which products are shipped to me (unless PrescriptionPoint elects otherwise in its sole discretion). The parties submit and attorn to the exclusive jurisdiction of said courts to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with my dealings with PrescriptionPoint.
- I AGREE THAT THE REVIEWING PHYSICIAN SHALL NOT BE LIABLE FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY INADEQUACY, DEFICIENCY OR UNSUITABILITY OF THE PRESCRIPTION ISSUED BY THE REVIEWING PHYSICIAN OR INADEQUACY, DEFICIENCY OR UNSUITABILITY OF THE REVIEWING PHYSICIAN’S REVIEW OF MY MEDICAL INFORMATION. IN NO EVENT WILL THE REVIEWING PHYSICIAN BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
Terms of Sale and Conditions
Introduction
The following terms and conditions (the "Terms") govern the sale by PrescriptionPoint to you (the "Customer") of the products and services (the "Products") offered for sale by PrescriptionPoint. By placing an order for Products, Customer agrees to be bound by and accepts these Terms as well as the Customer Agreement.
Other Documents
These Terms may not be altered, supplemented, or amended by the use of a Customer purchase order or similar Customer document. Any attempt by Customer to alter, supplement or amend this document or to enter into an order for Products that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and PrescriptionPoint. PrescriptionPoint may change the Terms at any time without prior notice.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the jurisdiction from which Products are shipped to Customer (unless PrescriptionPoint elects otherwise in its sole discretion), without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with these Terms shall be submitted to and subject to the jurisdiction of the courts in the jurisdiction from which Products are shipped to Customer (unless PrescriptionPoint elects otherwise in its sole discretion). The parties submit and attorn to the exclusive jurisdiction of said courts to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with these Terms.
Privacy Policy
By submitting an order for products and services from PrescriptionPoint, the Customer consents to the collection and use of personal information as described in our privacy policy published on the PrescriptionPoint web site. PrescriptionPoint reserves the right to amend its privacy policy from time to time by posting the updated policy on its web site. Customer agrees to review the privacy policy each time Customer submits an order for products or services.
Orders; Prices; Payment Terms; Interest
Orders are not binding upon PrescriptionPoint until accepted by PrescriptionPoint in writing. The prices for the Products shall be as set forth in PrescriptionPoint's website at the time of acceptance of an order by PrescriptionPoint. Prices for Products shall be subject to change without any further notice. Credit terms are within PrescriptionPoint's sole discretion, and unless otherwise specified in PrescriptionPoint's invoice, payment must be received by PrescriptionPoint prior to PrescriptionPoint's acceptance of an order. Payment for the Products will be made by a credit card accepted by PrescriptionPoint or personal check. In the case of personal check, the check must clear prior to the shipment of the product. If credit terms have been agreed to by PrescriptionPoint, invoices are due and payable within thirty days of the date of the invoice.
Shipping Charges; Taxes
Separate charges for shipping and handling will be shown on PrescriptionPoint's invoice(s). If applicable, Customer is responsible for goods and services tax, sales and any other taxes associated with the order. If applicable, a separate charge for taxes will be shown on PrescriptionPoint's invoice.
Title
Title to Products passes from PrescriptionPoint to Customer at the time the Products leave PrescriptionPoint's affiliated pharmacy or international licensed or certified fulfillment center. Ship dates are estimates only. PrescriptionPoint is not responsible for delays in shipment or failure to ship by the estimated ship date.
Warranties
THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PrescriptionPoint DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PrescriptionPoint'S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.
Return Policy
Because we work in conjunction with licensed pharmacies to protect the safety of you and other parties involved, once a prescription and non-prescription products have been dispensed it cannot be returned for any reason. Under the pharmaceutical law prescription drugs are not returnable. All sales are final. So before ordering (completing your order) please consult with your physician regarding your medications.
Exchanges
From time to time, PrescriptionPoint may, in its sole discretion, exchange or replace a Product, in the event of damage or defect to the Product. Any exchanges will be made in accordance with PrescriptionPoint's exchange policies in effect on the date of the exchange.
Products
PrescriptionPoint may discontinue or vary the Products it offers for sale at any time without prior notice.
On of Liability.
PrescriptionPoint DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR DELAYS EXPERIENCED IN CUSTOMERS RECEIVING PRODUCTS THAT HAVE BEEN PURCHASED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PrescriptionPoint WILL NOT BE LIABLE FOR DAMAGES ARISING FROM PERSONAL INJURY OR DEATH, LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, OR DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.
Exports and Imports
The Customer acknowledges that the Products sold hereunder are subject to applicable export and import control laws and regulations.
Entire Agreement
Customer agrees that these Terms and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and PrescriptionPoint pertaining to the subject matter of these Terms, and supersede, terminate and otherwise render null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and PrescriptionPoint. In the event of a conflict between these Terms and any of the documents incorporated by reference or referred to herein, these Terms shall govern.
Severability
The invalidity or unenforceability of any provision of these terms and conditions 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.
Headings
The section headings used herein are for convenience of reference only and do not form a part of these Terms and no construction or inference shall be derived therefrom.
Force Majeure
PrescriptionPoint shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to back-orders of requested Products, mail delays, customs delays, and lost shipments. PrescriptionPoint shall not be responsible for notifying the Customer in the event of such delays. Customer shall be solely responsible for alternate arrangements to purchase alternate Products and any costs incurred in connection with such purchases.
