I hereby agree to the following Terms and Conditions of service (the “Terms and Conditions”), and acknowledge and agree that each time I use the services or participate in the Program provided by CanShipMeds, by such use I confirm that I have received, read, signed, and understood the most current version of these Terms and Conditions and agree to and accept them. The most current version of this Agreement may be found at http://canshipmeds.com/terms-of-use/
1. Any individual may apply for participation in the CanShipMeds program (the “Program”). The Program is owned and operated by Blanche Ltd.
2. In these Terms and Conditions:
a. “Client” is an individual accepted by CanShipMeds to participate in the Program.
b. “Provider” means one of the third-party pharmacies or vendors that CanShipMeds has an arrangement with to help collect payment, process, and transmit Product orders made by a Client.
c. “Prescription” means a direction given by a medical practitioner
d. “Prescription Medication” means a drug dispensed pursuant to a Prescription; and
e. “Product” means any product sold by a Provider, either requiring a Prescription or not;
3. Client may arrange to purchase Product(s) from any Provider using either our interactive website or by consulting with one of our North American Client Care Managers ” CCM“. Engaged under a Health Information Management Agreement Our Provider has specially trained CCM to help facilitate a purchase. This assistance may include obtaining and transmitting the information necessary for the Provider to fill an order by Client.
4. Costs quoted to the Client for any Product are an all inclusive price, which price will include, without limitation, the cost of the Product together with all service charges, commissions and delivery charges charged by any and all parties connected with the transaction including, but not limited to, CanShipMeds, the Provider, the CCM and any delivery service used. Upon receipt of the payment and the ordered Product BEING DELIVERED; CanShipMeds will be responsible for releasing and allocating the funds amongst the parties accordingly, that it or a Provider has collected directly or indirectly from the client.
5. Due to legal restrictions or scarcity, there may be situations in which a Product a Client may wish to order is not available.
Participation in the Program
6. Participation in the Program is subject to criteria established by CanShipMeds. Those criteria are subject to change at CanShipMeds‘s, sole discretion, with or without notice. Some applicants, including me, may not qualify or be deemed eligible, in Our determination, at our sole discretion.
7. Those individuals determined to be eligible to participate in the Program, shall receive an Account Number that entitles that person to participate in the Program. Each time a Client calls CanShipMeds‘s telephone number(s) or interacts with our website , and uses the services ordinarily provided only to a Client then by such use, that individual confirms (i) that he/she has received, read, understood and signed these Terms and Conditions, and (iii) that he/she agrees to and accepts these Terms and Conditions.
My Participation in the Program
8. My participation in the Program is voluntary, and at my own risk.
9. The Program and/or my participation in it may be terminated by CanShipMeds, at any time with or without notice or cause.
10. I will comply with these Terms and Conditions. If I fail to comply with these Terms and Conditions, I will no longer be eligible to participate in the Program.
11. My participation in the Program shall not constitute or be construed as constituting a partnership, joint venture or principal agency relationship between myself and CanShipMeds,
Power of Attorney
12. I name and authorize each of CanShipMeds, and any Provider which will be supplying Product to me, as my agent and attorney for the limited purposes of taking all steps and signing all related documents on behalf of myself necessary to complete the sale of the Product(s) to me in the jurisdiction in which the applicable Provider operates, including, without limitation:
a. appointing a third party such as a courier or postal service that will act as my agent for the purposes of taking possession of, then delivering to my address, the Product(s) I have ordered; and
b. in such cases where a Prescription must be re-written or co-signed by a physician licensed to practice medicine in the jurisdiction in which the applicable Provider operates, taking all necessary steps on my behalf to contact such physician and convey the relevant information that CanShipMeds, or Provider has about me (including the original Prescription and my contact information) for his/her review.
Each of CanShipMeds, and any such Provider has the same authority in this regard as I would if I was personally present, taking those steps and signing those documents myself.
Me and my Medication(s)
13. I am of the age of majority and I am not restricted from making my own medical decisions.
14. I will be the only person using the Prescription Medication, which I order, and I will use them as prescribed.
15. I cannot return the Prescription Medication that I order for exchange or refund.
16. A physician (“Primary Physician”) duly licensed to practice medicine in the country, province, territory, state, or other applicable jurisdiction, in which I reside, has or will prescribe any Prescription Medication that I order. Any and all Prescription(s) I present for use in the Program I deem to have been lawfully obtained by me from my Primary Physician, who physically examines me.
- It is my responsibility to have regular physical examinations by my Primary Physician, including all suggested tests to ensure I have no medical problems that contraindicate my taking the Prescription Medication.
- I will immediately contact my Primary Physician in the event I experience any unexpected side effect(s) from the Product that I order.
18. I authorize CanShipMeds, to collect from me, my Primary Physician, a Provider or my pharmacist, and share with any Provider and pharmacist which fill my Product order or any physician who co-signs or re-writes my Prescription, my personal health information, for the purposes of facilitating the filling of my Product order.
19. I must provide complete and accurate information with respect to: my shipping addresses, contact information, billing information, and delivery instructions.
Dispensing Prescription Medication
19. In all cases, CanShipMeds, must receive a valid Prescription for fulfillment, of orders for Prescription Medication(s) and in some cases, a Prescription must be re-written or co-signed by a physician licensed to practice medicine in the jurisdiction in which the Provider filling my Prescription operates. In the event my Prescription must be so re-written or co-signed, the co-signing physician may approve my Prescription, but is in no position to modify the Product that I order. This relationship does not replace the relationship I have with my Primary Physician.
20. When possible, any Prescription Medication that I order will be in original manufacturer’s packaging that may or may not be in child resistant packaging, and I must indicate if I choose to have child resistant packaging supplied.
21. A Provider may substitute a generic Prescription Medication for a brand name Prescription Medication, where available, unless my Primary Physician has indicated there be no such substitution.
22. Habit forming, narcotic, or any other controlled Prescription Medication are only available where permitted to be delivered or picked up at the location of the Provider filling my Prescription(s).
23. The sale to me takes place in the jurisdiction in which the fulfilling Provider operates, and I become the owner of the Product when the Provider accept my order for fulfilling, places the Product in a container or otherwise completes the steps necessary to prepare it for my use, and causes my payment to be processed. I am then responsible for personally importing the Product to my address in the jurisdiction in which I reside. Any steps connected with transportation are carried out by me or by someone acting as agent on my behalf.
24. The pharmacists, contracted physicians and Provider are located and licensed to practice pharmacy or medicine, as the case may be, in various jurisdictions. All treatment I receive from each of the said pharmacists, physicians and Provider is being received in the jurisdiction in which each such pharmacist, physician or Provider is licensed and/or operates.
25. CanShipMeds, is not itself a pharmacy. It will take reasonable steps to determine that any Provider you choose to fill your Prescription is licensed under the laws of the jurisdiction where it operates. CanShipMeds, is not responsible, however, for any errors or omissions that the Provider may make.
Release & Disputes
26. I agree that any and all agreements reached, or contracts formed, throughout the course of my relationship with CanShipMeds, shall be deemed to be made in the UAE, and accordingly shall be governed by the laws of the UAE applicable to such agreements and contracts, and I acknowledge that I am benefiting from such laws by engaging CanShipMeds, to help me arrange for and pay for my order on my behalf.
27. Any dispute that arises between myself and CanShipMeds, its affiliates, related companies, subsidiaries, officers, directors, shareholders, employees or agents, shall be governed by the laws of the UAE applicable to contracts formed in the UAE, provided that the courts of the UAE shall have sole and exclusive jurisdiction over any such dispute, including but not limited to, claims of negligence or malpractice. If I am a consumer located in the United States at the time of the order, I 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 will then decide the matter in accordance with the substantive law of the UAE. The arbitration shall be governed by the substantive law of the UAE, and evidentiary privileges under the law of the UAE (such as solicitor-client) will apply as well. No action or claim may be brought more than a year after I receive the Product(s) that I order.
28. 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.
29. Where either CanShipMeds, or I am liable to compensate the other, the amount is restricted to recovering those actual losses recoverable by the laws of the UAE, and not any punitive or exemplary damages.
30. Any provision in these Terms and Conditions that is invalid or unenforceable shall be deemed to be severable from the other provisions contained in these Terms and Conditions.
31. CanShipMeds, and the Provider, disclaim any and all representations and warranties, whether express or implied, with respect to the Program and my participation in it.
32. I release, discharge, indemnify and hold harmless each of CanShipMeds, the Provider, the CCM, 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:
- any act, error or omission on the part of any third party who is appointed as my agent pursuant to these Terms and Conditions;
- termination of the Program and/or my participation in it;
- errors made by prescribing physicians;
- side-effects I experience from the Product which I order;
- the failure of the Product which I order to produce a particular effect that I or my physician expect or desire;
- any errors or omissions by the Provider that fills my Product order; and
these Terms and Conditions or my participation in the Program except where my loss is caused by CanShipMeds, ‘s own actions (and not those of other persons such as Provider, pharmacist, prescribing physicians, me or my agent, etc) and CanShipMeds, is liable for the loss under the laws of the UAE, taking into account all limitations or defences, including those stated in these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between CanShipMeds, and myself, and CanShipMeds, and I have no additional obligations or liabilities to one another due to any other statements we may have made prior to my agreeing to be bound by these Terms and Conditions.
BY MY SIGNATURE BELOW
or, in the absence of a signed Agreement, by using the services offered by CanShipMeds, (1) I CONFIRM THAT I HAVE READ, UNDERSTOOD, AND ACCEPT THESE TERMS AND CONDITIONS set out above, (2) I CONFIRM THAT THE REPRESENTATIONS MADE BY ME IN THESE TERMS AND CONDITIONS ARE TRUE AND CORRECT, AND (3) I AGREE THAT THESE TERMS AND CONDITIONS ARE BINDING ON ME AND MY HEIRS, EXECUTORS, LEGAL PERSONAL REPRESENTATIVES AND ASSIGNS.
Date of Execution: