RxDelivRy TERMS OF USE

Last Updated: January 15, 2020

INTRODUCTION

Welcome to RxDelivRy! The following terms of use and end user license agreement (the “Terms of Use”) constitute an agreement between you (collectively, "user", “you” or "your") and RxDelivRy, its affiliates and subsidiaries (hereinafter, “RxDelivRy”, “our”, “us” or “we”). These Terms of Use govern your use of and access to the Site, Content and/or Services (each as specified below) and are a legally binding agreement between you and RxDelivRy.

DEFINITIONS

For the purposes of this Terms of Use, the following terms shall have the following meanings:

  1. "Content" means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, tasks, activities, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.
  2. "Dispensing Pharmacy" means a pharmacy licensed by the Alberta College of Pharmacy or an equivalent regulatory body in your local jurisdiction using the RxDelivRy software.
  3. "Minor" means a person under the age of majority in the jurisdiction where the Dispensing Pharmacy is located.
  4. "Patient Representative" means a person who consents to act and is authorized to act on the patient's behalf to manage the user's prescriptions and Services in compliance with applicable laws and regulations.
  5. "RxDelivRy" is a technology company that provides a communication and logistics platform that links a Dispensing Pharmacy to its customers by facilitating the fulfilment and delivery of prescriptions between the Dispensing Pharmacy and the user. RxDelivRy software does not integrate, sync or fetch user data from the pharmacy EMR system. RxDelivRy software only stores user's data that is necessary to conduct our operations.
  6. "Services" means all services made available by RxDelivRy, including but not limited to services accessed through the Content or the Site.
  7. "Site" means our website, its related webpages and sites (including, without limitation, any mobile optimization website), and our mobile applications.

ACCEPTANCE OF TERMS AND CHANGES AND REVISIONS

Carefully review these Terms of Use and, if you do not agree with them, you are not permitted to access or use the Site, Content or Services and you should exit the Site, cease using any or all of the Site, Content or Services immediately. If you have downloaded or installed any of the Content on to your devices, uninstall the Content from such devices immediately.

By accessing the Site, submitting information to us or downloading, installing or using any of our Content or Services you accept these Terms of Use. If you do not accept these Terms of Use you must not submit information to or register an account with us, access the Site or download, install or use any of the Content or Services. If you are a Minor, you are not permitted to access or use the Site, Content or Services and you must exit the Site and cease using the Site, Content and Services immediately and have a parent or guardian access or use the Site, Content and Services on your behalf.

We reserve the right, acting in our sole discretion and at any time, to revise these Terms of Use, including the Privacy Policy (as defined below). We will give you notice of such revisions by posting the revisions to the Site. It is your responsibility to review the terms of the current Terms of Use when you access or use the Site, Content or Services. If you continue to access or use any of the Site, Content or Services after any revisions to these Terms of Use are posted, you will be deemed to have accepted those revisions.

Changes to RxDelivRy

RxDelivRy reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:

  • modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Content or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms;
  • make changes to any fees or charges, if any, related to your use of the Site, Content or Services;
  • make changes to the equipment, hardware or software required to use and access the Site, Content or Services; and
  • interrupt the Site, Content or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.

Updates and Discontinuance of Site or Services

You acknowledge and agree that RxDelivRy may update, modify, patch or discontinue any aspect of the Site or Services, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you and that the Terms of Use apply to those updates and modifications. We do not have any obligation to provide updates or modifications or to continue to provide particular Services.

RxDelivRy reserves the right, at any time and without notice or liability to you, to update, modify or reset certain parameters of the Site or Services any of which may impact your use of the Site and/or Services.

Laws and Regulations

Your access to and use of the Site, Content or Services is subject to all applicable international, federal, provincial, state and local laws and regulations.

USE OF SERVICES AND YOUR ACCOUNT

  1. A. Your Account and Security

In order to access and use certain features of the Site or Services you may be required to register an account (the "Account") through the Site or Services. When you register or update an Account, you will be required to provide us with certain personal information, which may include: your name, e-mail address, telephone number, date of birth, care card or provincial personal health number, medication and prescription information, information regarding allergies, medical history, gender, insurance information, payment information, selected user name and password (the “Login Information”), and to grant express consent to RxDelivRy to contact you through the telephone number and e-mail address provided. This Login Information will be retained and used by RxDelivRy in accordance with our Privacy Policy. You agree that all Login Information provided by you will be accurate and complete and that you will promptly update such Login Information if and when it changes.

You are responsible for protecting the confidentiality of your Login Information, and for restricting access to your computer, device or media system platform, and you agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account(s) or Login Information or to allow any other person access to your Account(s). You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Login Information or your Account(s), or any other security breach involving your Account(s) or the Site or Services at support@rxdelivry.ca. We are not responsible for any unauthorized access of your Account(s) or Login Information even if you have advised us of such. You are responsible for all activities that occur under your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you. RxDelivRy strives to ensure the security of users’ data and Accounts, however, we cannot guarantee that unauthorized third parties will not circumvent our security measures. Where the security of a user’s data and Accounts has been circumvented by a third party, RxDelivRy expressly disclaims all liability arising from such breach.

  1. B. Accessing your Account(s)

Each time that you log into and access an Account, you represent and warrant that:

  • you are the person who registered the Account;
  • All the personal information registered in connection with the Account is current, complete and accurate;
  • you are accessing the Site and using the Services solely for lawful purposes and in strict compliance with these Terms of Use;
  • you are accessing the Site or Services solely for your own personal, non-commercial purposes or for the personal purposes of the Patient for whom you act as Personal Representative;
  • you are not, and are not acting on behalf of, any competitor or prospective competitor of RxDelivRy or its affiliates or subsidiaries;
  • you are not accessing the Site or Services for the purposes of any dispute or litigation involving RxDelivRy; and
  • you are not accessing the Site or Services for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose
  1. C. Patient Representative

You may add a family member, caregiver, or other authorized person to your Account as your Patient Representative for the purpose of having that Patient Representative manage your prescriptions and Services on your behalf. You are responsible for ensuring that the contact information for this Patient Representative is current, complete and accurate. The act of adding a Patient Representative to your account will give access and constitutes deemed consent for that individual to manage your prescriptions and Services on your behalf. This Patient Representative will then be contacted and asked to provide his or her consent to be your Patient Representative. This Patient Representative must not be a minor. After this process is completed, your Patient Representative will have the ability to manage your prescriptions and Services as an additional user whose Account is added to your Account.

You may also add a family member or person to whom you are a caregiver or representative to your Account for the purposes of managing this user's prescriptions and Services as a Patient Representative. If this user is an adult, you must provide his or her basic contact information. You are responsible for ensuring that the contact information for this user is current, complete and accurate. By adding a user to whom you are a caregiver or representative to your account, you are deemed to consent to be a Patient Representative for this user. This user will then be contacted and asked to provide his or her consent for you to be his or her Patient Representative. You may also act as a Patient Representative for a Minor to whom you are a parent or legal guardian. The Minor's consent is not required. After this process is completed, you will have the ability to manage the user's prescriptions and Services through your Account.

  1. D. Service Monitoring and Suspension

RxDelivRy may monitor, terminate or suspend your Account or our Services at any time.

RxDelivRy may immediately, and without prior notice, terminate your ability to access each or both of the Site or Services or portions thereof for any reason including, without limitation: (i) if you violate or otherwise fail to strictly comply with any term or provision of these Terms of Use; (ii) if we have determined that your use has created or potentially created risk or legal exposure for RxDelivRy; or (iii) in response to requests by law enforcement or other government agencies. Upon termination of your access to the Site or Services or portions thereof for any reason, you must cease use of your Account(s), cease accessing the Site and Services and promptly destroy all electronic and other copies of all Content, including all related documentation.

You acknowledge and agree that any termination or suspension of your Account(s) may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination or suspension of your Account(s), or your access to the Site or Services.

Following any suspension of Services or termination of your Account(s), the Dispensing Pharmacy may, at your request, transfer your prescription to a pharmacy licensed in Canada of your choosing if the drug does not contain a controlled substance, and the transfer occurs between a registrant and another registrant or an equivalent of a registrant in another Canadian jurisdiction.

  1. E. Consent to Receive Electronic and Telephonic Communications

You consent to receive telephonic communications from RxDelivRy and electronic communications either in the form of email, SMS, WhatsApp, Facebook Messenger, push notification to your mobile or electronic device or other forms of electronic messages sent to you at the addresses and accounts listed on your Account or by communications posted on or notifications through the Site (collectively, "Electronic Communications"). You acknowledge and agree that any Electronic Communication shall satisfy any legal requirement that such communication or notification be in writing.

Upon registering an Account, you may receive Electronic Communications regarding the operations of our Services. You cannot opt out of receiving these communications while you continue to use our Services. You may also receive promotional Electronic Communications while you use our Services. You can opt out of these Electronic Communications at any time by using the unsubscribe feature located in the footer of such Electronic Communications, where applicable, or by managing your Account settings accordingly. You may also use the settings on your mobile or other electronic device to disable push notifications at any time. You cannot opt out of Electronic Communications in the form of general notices on the Site to all users.

  1. F. Text and Mobile Messaging Consents

Without limiting the generality of the forgoing, by downloading or using our applications, the Site and the Services you agree that we may communicate with you regarding our Site or Services or respond to your communications to us through the Services by Electronic Communications, including SMS, MMS, text message, push notifications or other electronic means directed to your mobile device.

DELIVERY & SHIPPING POLICY

We at RxDelivRy want to give you the best pharmacy experience by providing free, same-day delivery to all our customers, subject to service and availability in your area and pharmaceutical shortages at the Dispensing Pharmacy. In aiming to provide you with the best pharmacy experience, we aim to ensure you receive your packages in a safe, sound and timely fashion. RxDelivRy delivers medications to you from the Dispensing Pharmacy using couriers who are insured, have current criminal record checks and have signed a non-disclosure agreement.

Once you’ve signed up with RxDelivRy and the Dispensing Pharmacy has your prescription on file, you should receive your first delivery on the day that delivery was requested. Check your email or app notification for updates on your first delivery. You will be provided SMS updates which include a two-hour delivery window so you can monitor your package’s location and expected delivery as well as information about the courier delivering the package. Once the courier is enroute to deliver your package, you can track your delivery in real time using GPS tracking. If you experience delays, please call customer support right away.

If your package arrives damaged or with broken seals, contains the incorrect medication, or if another issue arises pertaining to the medication dispensed or its condition following transportation, please contact the Dispensing Pharmacy who will replace the medication in accordance with their own store policy. By using the RxDelivRy Site, Content or Services, you absolve RxDelivRy from all liability, including but not limited to, any errors or inaccuracies in the filling of your prescription.

Using the Site, you may schedule your free same-day delivery to whatever location is most convenient for you, including at home or work. Not all employers allow you to receive personal packages at work. If your employer does not allow you to receive personal packages at work, please update your shipping address on your Account to update your information. Should your recorded delivery address change, please update your contact information immediately by contacting the Dispensing Pharmacy prior to placing your order and updating your address on your Account. RxDelivRy disclaims any and all liability for packages that could not be delivered or arrived outside of the anticipated delivery timeframe due to errors or inaccuracies in the requested delivery address and/or contact information.

Signature Required Upon Delivery

All packages require an electronic signature upon delivery by the party in whose name the prescription was filled or by the Patient Representative. At the sole discretion of the Dispensing Pharmacy, your package may be left in your mailbox or a safe drop location on your premises. If you prefer your medication to be left by the courier in your mailbox or at a safe drop location on your premises, please record your preference for this method of delivery on your Account or by contacting the Dispensing Pharmacy. Where your election to have your medications left in your mailbox or at a safe drop location is approved by the Dispensing Pharmacy, RxDelivRy expressly disclaims any and all responsibility for the condition your medications are received in, including any damage sustained to the packaging, lost or stolen packages, tampering with the medications, or any other conditions, including environmental weather conditions, imposed on the package as a result of its delivery to a mailbox or safe drop location.

If at the time of delivery, you are not available to sign for your package, the package will be returned to the Dispensing Pharmacy by the courier within one business day. Where delivery was unsuccessful, you are responsible for contacting the Dispensing Pharmacy and rescheduling your package’s delivery. In the event you are unable to sign for your package on the requested delivery date but a person over the age of majority is available to sign at the requested address for delivery, you are responsible for providing an express authorization to the Dispensing Pharmacy to permit this person to sign for your package on your behalf. If no person over the age of majority is available at the time of requested delivery to sign for your package, the Dispensing Pharmacy in its sole discretion may approve a request made by you to allow a Minor to sign for your package. By using the RxDelivRy Site, Services, and Content, you acknowledge and accept the complete, unfettered discretion of the Dispensing Pharmacy to govern the terms of your receipt of your package and absolve RxDelivRy from all liability that may arise from same.

If you are receiving items that need to be refrigerated, like insulin, we will deliver them to you in specialized coolers.

If your medication is on manufacturer backorder, the Dispensing Pharmacy will contact you and work with you to make sure you are still getting the medication you need. The Dispensing Pharmacy will still dispense to you any other medications that you ordered that are not affected by such backorder.

DRUG DISPENSING REQUIREMENT POLICIES

General

In order to use the Site, Services, or Content, you must have a valid prescription from a physician licensed to practice medicine and prescribe medications in the province or territory where you live. Please note that only your doctor can fax a prescription to the Dispensing Pharmacy as pharmacy regulations stipulate that a pharmacy can accept a faxed prescription only from a physician’s office.

It is within the sole discretion of the Dispensing Pharmacy as to whether they will accept prescriptions sent to them by courier or mail in a sealed envelope. Where such method of submitting prescriptions is accepted, you can use the Site to take a picture of your prescription and submit it directly to the Dispensing Pharmacy. If your prescription changes, have your doctor fax it directly to the Dispensing Pharmacy and they will update your file.

Before any prescription is dispatched, a Dispensing Pharmacy pharmacist will be in contact with you to discuss your medication where, in the sole discretion of the Dispensing Pharmacy, such counselling is necessary. If you have a clinical question, you can privately consult with a pharmacist at any time by contacting the Dispensing Pharmacy during their regular business hours.

Requests for and Transfers of Prescriptions

Upon registering an Account and adding your Payment Method (as described below), you give the Dispensing Pharmacy your consent to transfer your prescriptions from your existing pharmacy(s) and/or contact your prescriber(s) regarding your prescriptions. Where the Dispensing Pharmacy is willing and able to accept prescriptions transferred from your old pharmacy, you may be required to provide the name or contact information of your old pharmacy, as well as the names of the medications you filled there, in order to facilitate the transfer.

Narcotics Policy

The availability of the RxDelivRy mobile application for submitting and filling prescriptions, and for the transportation of such prescriptions from the Dispensing Pharmacy to the user by RxDelivRy courier, is determined in accordance with all applicable legislation, rules and regulations governing the dispensing of such drugs as well as the Dispensing Pharmacy’s own operational rules and procedures. RxDelivRy is not responsible for the refusal of a Dispensing Pharmacy to receive and fill prescriptions for narcotics, controlled, or targeted substances using the Site, Content or Services, or to refuse the delivery of such medications by RxDelivRy courier.

Returns

Returns of any prescription drugs to the Dispensing Pharmacy shall be governed by the legislation, rules and regulations under which the operations of the Dispensing Pharmacy are governed. Please consult with the Dispensing Pharmacy about their return policy and their policies for disposal of unused or partially used medications, used needles, syringes or lancets. RxDelivRy does not facilitate the return of any medication, needles, syringes or lancets to the Dispensing Pharmacy.

If your prescription comes with specific directions for disposal, call the Dispensing Pharmacy for assistance from a licensed pharmacist with the instructions. For any other pharmaceutical product you need to dispose, take these items to a local pharmacy, or follow the guidelines set by the Health Products Stewardship Association with regards to The Medications Return Program. To download the information Brochure visit www.healthsteward.ca. In addition, you can access proper medication disposal information from the Government of Canada website - Learn More: https://www.canada.ca/en/health-canada/services/safedisposal-prescription-drugs.html

Refills

If you have refills of your medications at another pharmacy, submit a transfer request of your prescription from the other pharmacy to the Dispensing Pharmacy. You can submit a transfer request through the Site or by telephone.

When your prescription is due for a refill, we will notify you by text message, email, phone or Electronic Communication. When you receive a refill notification, simply reply to the correspondence with your preferred date for delivery of your medication. When you are running out of refills, please contact your physician for a new prescription or contact the Dispensing Pharmacy who may, in their sole discretion and without obligation, contact your doctor to obtain a new prescription on your behalf.

If you need to refill a prescription early, or are planning on travelling or going on vacation, contact the Dispensing Pharmacy and let them know the dates you will be away at your earliest convenience. You are solely responsible for increased costs to your prescription incurred by requesting an early fill or vacation supply.

Dispensing Pharmacy Discretion

In using the Site, Content or Services for the fulfilment of prescriptions and over the counter medications by a Dispensing Pharmacy, you acknowledge and agree that the Dispensing Pharmacy retains the discretion to refuse to allow delivery of your medications by courier to your requested location. Further, you acknowledge and agree that such refusal to allow your medications to be delivered by courier is not in breach of this Terms of Use, and the Dispensing Pharmacy may refuse delivery where such delivery would constitute a violation of their governing legislation, rules, regulations, internal policies, protocols, best practices, or for any other reason, in the sole, unfettered discretion of the Dispensing Pharmacy, for refusing to allow delivery by courier. RxDelivRy is not liable for any limitations, restrictions or refusal by the Dispensing Pharmacy to allow delivery of your prescription to you at your requested location.

LOCAL DISPENSING PHARMACY AND ACCREDITATION

The Dispensing Pharmacy that you are connected with through your use of the Site or Services is a licensed and accredited pharmacy governed by the Alberta College of Pharmacy or an equivalent regulatory body in your province. The pharmacy license of the Dispensing Pharmacy is available on the Dispensing Pharmacy's website or may be viewed by contacting your Dispensing Pharmacy.

COMPLAINTS PROCEDURE

We take feedback very seriously. If you have any concerns regarding RxDelivRy, please email us at support@rxdelivry.ca. We will respond promptly to follow up. If you have any concerns about the Dispensing Pharmacy, please contact them directly.

DEVICES, MOBILE SERVICES AND MARKETPLACES

The Site may be available through certain mobile or other personal electronic devices. You acknowledge and agree that RxDelivRy is not responsible for ensuring that your device’s software is compatible with the Site or that you can use or access the Site or the Services through your particular device. If you are accessing the Services or the Site through a mobile device, you should check with your carrier to understand what voice, data and messaging rates will apply. In addition, the terms and conditions of the app store or marketplace from which you may have downloaded our application will also apply.

Application License

We hereby grant you a personal, non-exclusive, non-transferable, non-sub-licensable, revocable license to use our applications downloaded directly from a legitimate marketplace or app store, solely in object code format and solely for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or thirdparty end user license agreement, if any, authorizing use of such code.

Digital Marketplaces and App Stores

If you download our applications from a third-party marketplace or app store (the “App Provider”), you acknowledge and agree that:

  • the Terms of Use are an agreement between us, and not with the App Provider; as between RxDelivRy and the App Provider, RxDelivRy is solely responsible for the applications;
  • the App Provider has no obligation to provide any maintenance and support services with respect to the applications;
  • in the event of any failure of the applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the applications to you, if applicable, (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between RxDelivRy and the App Provider, RxDelivRy’s responsibility;
  • the App Provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications;
  • if a third party claims that an application infringes another party’s intellectual property rights, as between the App Provider and RxDelivRy, RxDelivRy will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use;
  • the App Provider and its subsidiaries are third-party beneficiaries of these Terms of Use as it relates to your license to the applications and, upon your acceptance of these Terms of Use, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the applications against you as a third-party beneficiary thereof; and
  • you must also comply with all applicable third-party terms of service when using the applications.

INFORMATION COLLECTION, OWNERSHIP AND USE

Privacy

By accessing or using the Site, Content or Services or otherwise accepting or agreeing to these Terms of Use, you fully and completely agree to the terms and conditions of RxDelivRy’s Privacy Policy (the Privacy Policy") and to any terms and conditions incorporated therein by reference. The Privacy Policy sets out how, why and to what extent RxDelivRy and the Dispensing Pharmacy collects and uses your personal and non-personal information in connection with your access to or use of the Site, Content or Services. The Privacy Policy, as amended from time to time, is available at Privacy Policy.

Transmission of Personal Data

You acknowledge and agree that by providing RxDelivRy with any personal or proprietary user information through the Site, Content or Services you consent to the transmission of such personal or proprietary user information over international borders as may be necessary for processing or storage in accordance with RxDelivRy's standard business practices and Privacy Policy, subject to applicable laws which may prohibit RxDelivRy from transmitting certain personal information over international borders. To the extent required by applicable laws, RxDelivRy will maintain and store your personal information in Canada and not transmit such information across international borders. You should be aware that Linked Sites (as defined below) and any third party services which you may use to access the Content or Services may contain transmission of personal data provisions and be subject to privacy policies that differ from RxDelivRy’s Privacy Policy. RxDelivRy is not responsible for the policies of, or for the storage, handling or transmission practices or treatment of your personal information by Linked Sites and expressly disclaims any and all liability related thereto.

Feedback

RxDelivRy welcomes your ideas, suggestions and recommendations for Site features, functionality and enhancements ("Feedback"). Any Feedback you provide to RxDelivRy will be deemed non-confidential and RxDelivRy will be free to use such Feedback without restriction and without any compensation or obligations to you.

PAYMENT TERMS

Payment Procedure

The Dispensing Pharmacy will send you an invoice upon delivery, which includes the cost of your prescription and any over-the-counter medications. The Dispensing Pharmacy will charge any outstanding balance after applying the pharmaceuticals coverage offered by your insurance provider(s) to the method of payment provided at the time of joining prior to your package being released for delivery. You will be provided with a receipt for each prescription dispensed.

When you make a purchase or your Patient Representative makes a purchase on your behalf, you or your Patient Representative must designate and provide information about your preferred payment method, including your insurance information and applicable credit card information for any copayment ("Payment Method") to the Dispensing Pharmacy. It is your responsibility to make sure you pay your portion for your prescription and cover the cost of any over-the-counter products you or your Patient Representative purchases on your behalf from the Dispensing Pharmacy.

Payment Terms

By making a purchase yourself or by your Patient Representative making a purchase on your behalf through the Site or Services, you agree to our Terms of Use, and any additional terms and conditions that are provided here. By making a purchase, you agree to pay any fees or other incurred charges that apply to the products or services purchased. Payment information must be complete and accurate, and you are responsible for keeping it up to date. You hereby expressly authorize the Dispensing Pharmacy to collect from your Payment Method the appropriate fees charged for the purchases you or your Patient Representative elect to make. All fees due for purchases are payable at the time of purchase and will be billed automatically to the Payment Method when the purchase is made. The Dispensing Pharmacy may, in its sole discretion, accept or reject an order you have placed and RxDelivRy bears no responsibility for your order being accepted or rejected by the Dispensing Pharmacy.

E-COMMERCE TRANSACTIONS

You acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of actual money. All payments must be remitted through an account of a payment provider or processor approved by the Dispensing Pharmacy and you agree to abide by the terms and conditions applicable to that payment method. The Dispensing Pharmacy or its approved third party payment provider or processor will automatically charge your Payment Method, plus any applicable taxes we are required to collect, when authorized. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT(S). YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE THE DISPENSING PHARMACY OR THEIR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT(S) OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT IS NOT REFUNDABLE IN WHOLE OR IN PART AND UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, UPON TERMINATION OR SUSPENSION OF YOUR ACCOUNT(S) FOR ANY REASON, TERMINATION OF THESE TERMS OF USE OR INTERRUPTION OR DISCONTINUATION OF THE SITE, SOME OR ALL OF THE CONTENT OR SERVICES. In all cases, your order will represent your offer to the Dispensing Pharmacy to acquire the product or service ordered, which offer will be deemed to have been accepted by the Dispensing Pharmacy when your payment account is charged.

CONTENT OWNERSHIP AND USE

Health-Related Content

Any health-related content displayed on the Site describes general health care principles and is for general guidance only. Such content should not be interpreted as specific instructions for individual users, and is not intended as a substitute for a consultation with your physician, pharmacist or a licensed health care professional, and should not be used to diagnose or treat a health problem without first consulting your physician or a licensed health care professional. You should discuss any information provided through access to the Site and/or Services with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information regarding dosage, precautions, and warnings before administering or using any device, drug, herb, vitamin or supplement referenced in the Site, Content or Services.

In no event will RxDelivRy be liable for any decision made or action taken in reliance on the health-related content or other information contained on, or accessible through, the Site and/or Services. Reliance on any information provided by, or otherwise appearing on, the Site and/or Services is solely at your own risk.

Trademarks, Logos and RxDelivRy's Branding

The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Site are the property of RxDelivRy or our third party licensors. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of RxDelivRy or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All Content available on or through the Site or Services is protected by intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial or public purposes.

Limited End User License

Subject to your strict compliance with these Terms of Use, RxDelivRy hereby grants you a limited, revocable, non-exclusive, personal, non-transferable license, without the right to sublicense, to access and use the (i) Site and (ii) Services which you have downloaded, installed, purchased or subscribed for, as applicable, on a single computer, mobile device or media platform (the "License"). You shall not acquire any ownership rights in the Content or in any of the Services or the Site. Except as expressly permitted under these Terms of Use you will have no rights to, either directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site or Services, disclose any part or feature of the Site or Services that RxDelivRy has not publicly disclosed, or to display, distribute, publicly perform or any other way exploit, the Site, Services or the Content in whole or in part. You acknowledge and agree that we may modify, suspend or remove any Content or features of the Site or Services at any time.

For further certainty, you hereby acknowledge and agree that the general health-related data and information made available to you under the License is RxDelivRy’s exclusive property and is of essential value to RxDelivRy and you shall not aggregate and/or republish, in whole or in part, any of the general health-related data and information.

End-User License Term

The term of your License commences on the date of your acceptance of these Terms of Use and shall end on the earlier date of your or RxDelivRy’s suspension or termination of your Account. Your License shall terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the Site or Services or you otherwise breach these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

Alleged Copyright Infringement Policy

It is RxDelivRy's policy to accept notices of alleged copyright infringement that are made in compliance with the Copyright Modernization Act. If you wish to provide notice of alleged copyright infringement, you must provide the following information:

Step 1: Create a written Copyright Infringement Notice document using this format.

Section 1: Your Direct Contact Information

Name: ____________________________________

Address: ____________________________________

Phone Number: ____________________________________

E-Mail: ____________________________________

Section 2: Identify your original work.

Identify the copyrighted work that you claim is being infringed. In the case of online content, include the website URL where an authorized copy of your copyrighted content is located. If the copyrighted work is not available online, include a hard copy of the work and proof of the existence and your ownership of the copyright in the work (e.g. your copyright registration).

Section 3: Identify the infringing content.

Identify the website URL where a copy of the allegedly infringing material is located. Provide the individual URL(s) of each relevant web page and if necessary the location of the text or content.

Section 4: Include the following statement:

"I certify, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive intellectual property right that is allegedly being infringed."

Step 2: E-mail the written Copyright Notice document to us.

Please note that the document must be dated and signed with your physical or electronic signature.

By E-Mail:

support@rxdelivry.ca

LINKED SITES AND THIRD-PARTY SERVICES

Linked Sites

RxDelivRy prohibits caching unauthorized hypertext links to the Site and the framing of any Content available through the Site. RxDelivRy reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any Linked Sites is at your own risk. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from those provided on the Site. RxDelivRy is not responsible for the policies, practices, condition and operation of any Linked Sites, and expressly disclaims any and all responsibility and liability to you if you access or use a Linked Site.

Services Not Controlled by RxDelivRy

Some of the Content or Services may be accessible, or give you the ability to use such Content or Services, on or through a website, service or device not controlled by RxDelivRy. For example, you may download, install or access the Content or Services through a mobile or web-based online market place or have the option to use the Content or Services online on servers not owned or controlled by RxDelivRy, or RxDelivRy may make the Content or Services available through servers that are not owned or controlled by RxDelivRy. RxDelivRy takes no responsibility for your access to or use of the Content or Services through or on any third party device or service not controlled by RxDelivRy and otherwise has no control over how such services are offered, administered or operated. Any such use of services not controlled by RxDelivRy is at your own risk and may subject you to additional or different terms and conditions imposed by the third party that owns and controls such services.

WARRANTIES AND LIMITATION OF LIABILITY

No Warranties

To the fullest extent permitted by applicable laws, all Content, products and services on or through the Site, Content or Services or obtained from a web site to which the Site is linked (a "Linked Site"), are provided to you “as is” and "as available" without any warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, noninfringement, security, accuracy, effectiveness of product, and safety of product. RxDelivRy does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site, Content, Services or a Linked site by any party other than RxDelivRy, or the capabilities or reliability of any product or service obtained from a Linked Site. Except as required under applicable consumer protection law, under no circumstance will RxDelivRy be liable for any loss or damage caused by a user’s reliance on information obtained through the Site or a Linked Site, or a user’s reliance on any product or service obtained from a Linked Site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT DISCLAIMED.

Limitation of Liability for Use of the Site, Content, Services and Linked Sites

The information, Content, Services, products and descriptions of Content or Services published on the Site or a Linked Site, or included in the Content or Services, may include inaccuracies or typographical errors, and, to the fullest extent permitted by applicable laws, RxDelivRy specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the Site or Linked Sites or contained in the Content or Services. RxDelivRy may make improvements or changes to the Site, Content or Services at any time.

You agree that RxDelivRy and its officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability, equity or under any other legal theory, for any personal injury, loss, accident or death or any direct, indirect, punitive, consequential, incidental or special damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site, Content, Services or a Linked Site, or for any delay or inability to use the Site, Content, Services or a Linked Site, even if RxDelivRy is made aware of the possibility of such injury, loss, accident, death or damages. This limitation on liability includes, but is not limited to, the transmission of any viruses, malware or malicious software which may infect a user’s equipment or devices, failure of the Content or Services to be compatible with your hardware or software, failure of mechanical or electronic equipment or communication or interconnect lines or fiber, or other connectivity problems ( e.g., you cannot access your internet service provider), unauthorized access, theft, loss of data, operator errors, strikes or other labour problems or any force majeure event. RxDelivRy cannot and does not guarantee continuous, uninterrupted, error free or secure access to the Site, Content or Services. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL RXDELIVRY, OR ITS SUBSIDIARIES OR AFFILIATES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, CONTENT OR SERVICES EXCEED CDN $50. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE FORM A FUNDAMENTAL PART OF THE BARGAIN BETWEEN RXDELIVRY AND YOU.

Applicable laws may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. However, even if this is the case, in no event shall the total liability of RxDelivRy for all damages, losses and causes of action and costs and expenses, including legal fees, whether in contract, tort (including but not limited to negligence), equity or under any other legal theory, related to your use of, or the inability to use, the Site, Content or Services exceed CDN $50.

Limitation of Liability for Services Arranged Through the Site

You agree that RxDelivRy is a mere representative for the content providers and suppliers of third party goods and services available through the Site, Content or Services, including those services offered by the Dispensing Pharmacy, and RxDelivRy does not endorse or control any such content providers, third party suppliers or such third party goods or services. Any and all claims regarding any failure, breach, loss or injury with respect to the third party goods and services offered through the Site are limited to claims against any and all such content providers and third party suppliers. To the fullest extent permitted by applicable laws, RxDelivRy hereby disclaims any liability, whether based on contract, tort, strict liability, equity or any other legal theory, including without limitation liability for any direct, indirect, punitive, consequential, incidental or special damages, in connection with the goods or services provided by any content provider or other supplier through the Site, Content or Services, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such content provider or supplier and you hereby irrevocably waive, release, agree not to sue, and forever discharge RxDelivRy and its directors, officers, employees and agents from any liability with respect to the same. Without limiting the foregoing, under no circumstances will RxDelivRy be liable to you for any amount that exceeds CDN $50.

Applicable laws may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. However, even if this is the case, in no event shall the total liability of RxDelivRy for all damages, losses and causes of action and costs and expenses, including legal fees, whether in contract, tort (including but not limited to negligence), in equity or under any other legal cause of action, related to your use of, or the inability to use the Site, Content or Services exceed the aggregate of CDN $50.

INDEMNITY

You hereby agree to defend, indemnify and hold harmless RxDelivRy and its directors, officers, employees, agents, successors, administrators and assigns (the "indemnified parties") from and against all liabilities, claims, actions, causes of action, costs and expenses (including legal expenses on a full indemnity basis and any other fees and expenses incurred for investigating or defending any action or threatened action, as well as settlement costs) which any of the indemnified parties may suffer or incur in connection with any claim arising out of or resulting from: (i) Your or any permitted Minor’s violation of any of these Terms of Use, (ii) Your or any permitted Minor’s use or misuse of the Site, Content or Services, including but not limited to your or a permitted Minor's personal injury or death, (iii) Your or a permitted Minor’s use or misuse of any Linked Sites, and (iv) Your or any permitted Minor’s violation of any law or third party rights.

Without derogating from or excusing your obligations under this section we reserve the right (at your expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you even if you choose to defend or settle it. You agree not to settle any matter that is subject to an indemnification by you without first obtaining our express approval.

VIOLATIONS OF TERMS OF USE

You agree and acknowledge that RxDelivRy may, in its sole and absolute discretion and without prior notice to you, terminate or suspend your access to the Site and your use of RxDelivRy’s products and services, or any portion thereof, and cancel your Account if RxDelivRy has reason to believe that you have failed to strictly comply with these Terms of Use or that the use of the Site by you violates the rights of any third party or any applicable laws. In addition to the foregoing, RxDelivRy reserves the right to pursue all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Site. You agree and acknowledge that monetary damages may not be an adequate remedy for any violation of these Terms of Use by you and, without limiting any of RxDelivRy’s other remedies, you hereby consent to, and authorize RxDelivRy to obtain, an injunction or other equitable relief from any court of competent jurisdiction. You further authorize RxDelivRy to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.

TERMINATION

These Terms of Use, as amended from time to time by RxDelivRy, shall remain effective until terminated by you or RxDelivRy. You may terminate these Terms of Use by discontinuing use of the Site, Content, Services and your associated Account(s) and destroying all electronic and other copies of all related Content, including related documentation. Without limiting any other provision of these Terms of Use or the remedies available to RxDelivRy, RxDelivRy may immediately terminate these Terms of Use or cancel or suspend your Account(s) and access to the Site, Content or Services in its sole and absolute discretion and for any reason including, without limitation, if you violate or otherwise fail to strictly comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use for any reason, you must cease use of your Account(s), cease accessing the Site, Content and Services and promptly destroy all electronic and other copies of the Content, including all related documentation.

GENERAL

No Agency. RxDelivRy expressly disclaims any agency, joint venture, partnership or other legal relationship with any Dispensing Pharmacy that you are connected with by using the RxDelivRy Site, Content or Services.

Governing Law. The laws of the Province of Alberta and the applicable federal laws of Canada shall govern the Terms of Use, including its interpretation, and any dispute or claim you have against RxDelivRy arising from the Terms of Use or arising from your relationship with RxDelivRy. All residents of Canada agree that any claim or dispute you have against RxDelivRy must be resolved by a court located in the Province of Alberta. You submit and attorn to the jurisdiction of the Province of Alberta for the purpose of litigating all such claims or disputes.

Claims Against RxDelivRy. Without limiting any of the foregoing limitations on liability, RxDelivRy explicitly disclaims all liability for any act or omission of any Dispensing Pharmacy or other third party. By using the Site, Services, or Content, you agree that any legal remedy or liability sought for actions or omissions by a Dispensing Pharmacy or other third parties to you or your permitted Minor will be limited to a claim against that particular Dispensing Pharmacy or third party who caused you harm. You hereby agree not to attempt to impose liability on, or seek any legal remedy from, RxDelivRy with respect to such actions or omissions.

Waiver. The failure of RxDelivRy to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Further, any modification or wavier of any term of the Terms of Use must be agreed to by RxDelivRy in writing.

Severability. In the event that any provision of these Terms of Use is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect.

No Transfer of Assignment of Interest. Except as otherwise provided herein, you acknowledge and agree that nothing in these Terms of Use constitutes an actual or purported transfer or assignment of your rights and obligations under this Terms of Use without the express written consent of RxDelivRy.

Force Majeure. RxDelivRy will not be liable for, or be considered to be in breach of, or default under, these Terms of Use on account of any delay or failure to perform as required by these Terms of Use as a result of events beyond the reasonable control of RxDelivRy, including without limiting the foregoing, where the delay or failure is due to fires or fire related hazards, explosions, power outages or interruptions, brownouts, internet service provider failure or delay, cyber attacks, server downtime, loss of servers, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.

Notices. Any notices or other communications permitted or required hereunder, including but not limited to modifications to these Terms of Use or any policy or guarantee referred to herein, will be in writing and given by RxDelivRy (i) via email (in each case to the email address provided by you for your Account(s)) or (ii) by posting to the Site. Notice delivered by email will be deemed to have been received on the date on which such notice is transmitted

Entire Agreement. These Terms of Use, together with the Privacy Policy and any supplemental terms and conditions referred to in either agreement, constitute the entire agreement between the parties concerning the subject-matter hereof and supersede and replace any and all prior oral or written understandings or agreements between you and RxDelivRy regarding the Site, Content and the Services.

Survival.The provisions of these Terms of Use which require or contemplate performance after the expiration or termination of these Terms of Use shall remain enforceable notwithstanding such expiration or termination.

Headings. Headings are for reference purposes only and do not limit the scope or extent of such section. Except as otherwise provided in this Terms of Use, if any provision of this Terms of Use are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

Translations. Where RxDelivRy has provided you with a translation of the English language version of these Terms of Use or the Privacy Policy, in the case of any wording discrepancies between the English and the other versions of the Terms of Use and Privacy Policy, the English language version governs.