Last Updated: January 15, 2020
- "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.
- "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.
- "Minor" means a person under the age of majority in the jurisdiction where the Dispensing Pharmacy is located.
- "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.
- "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.
- "Services" means all services made available by RxDelivRy, including but not limited to services accessed through the Content or the Site.
- "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
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
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
A. Your Account and Security
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 email@example.com. 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.
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 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
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.
D. Service Monitoring and Suspension
RxDelivRy may monitor, terminate or suspend your Account or our Services at any time.
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.
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.
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
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.
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 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
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
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.
We take feedback very seriously. If you have any concerns regarding RxDelivRy, please email us at firstname.lastname@example.org. 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.
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 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;
- you must also comply with all applicable third-party terms of service when using the applications.
INFORMATION COLLECTION, OWNERSHIP AND USE
Transmission of Personal Data
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.
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.
CONTENT OWNERSHIP AND USE
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
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
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
Phone Number: ____________________________________
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.
LINKED SITES AND THIRD-PARTY SERVICES
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
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.
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.
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.
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.