TERMS OF USE

Last Updated: September, 2018

INTRODUCTION AND DEFINITIONS

Welcome to MediCare Pharmacy!  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 the dispensing pharmacy licensing the "MediCare Pharmacy" name and software for your local jurisdiction (as indicated below) and its affiliates and subsidiaries (collectively, “MediCare Pharmacy”, "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 MediCare Pharmacy.

For the purposes of these Terms of Use:

"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.

"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.

“Services” means all services made available by MediCare Pharmacy, including but not limited to services accessed through the Content or the Site.

“Site” means https://www.MediCare Pharmacy.com, its related webpages and sites (including, without limitation, any mobile optimization website), and MediCare Pharmacy’ 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 and, 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 (defined below). We will give you notice of such revisions by posting the revisions to the Site. It is your responsibility to ensure that you are aware 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 MediCare Pharmacy

MediCare Pharmacy 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 MediCare Pharmacy 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.

MediCare Pharmacy 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

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 MediCare Pharmacy to contact you through the telephone number and e-mail address provided.  This Login Information will be retained and used by MediCare Pharmacy 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 to 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 protected] Pharmacy.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.  MediCare Pharmacy strives to ensure the security of users’ data and Accounts, however, we cannot guarantee that unauthorized third parties will not circumvent our security measures.

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 of 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;
• you are not, and are not acting on behalf of, any competitor or prospective competitor of MediCare Pharmacy or its affiliates or subsidiaries;
• you are not accessing the Site or Services for the purposes of any dispute or litigation involving MediCare Pharmacy; 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.

Patient Representative

You may add a family member or caregiver to your Account as your Patient Representative for the purpose of that Patient Representative managing 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 being 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.

Service Monitoring and Suspension

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

MediCare Pharmacy 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 MediCare Pharmacy; 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 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, your access to the Site or Services .

Following any suspension of Services or termination of your Account, upon request, MediCare Pharmacy will 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.

Consent to Receive Electronic and Telephonic Communications

You consent to receive telephonic communications from MediCare Pharmacy 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.

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 MediCare Pharmacy want to give you the best pharmacy experience, including ensuring you receive your packages safe, sound and in a timely fashion. MediCare Pharmacy ships medications in secure packaging to everywhere in British Columbia, Alberta, Yukon, and Northwest Territories. We have an agreement with Canada Post as our primary shipping partner.

Once you’ve signed up with MediCare Pharmacy and we have your prescription on file, you should receive your first delivery in 5-7 business days. Check your email or app notification for updates on your first delivery. You will be provided a tracking number to monitor your package’s location and expected delivery date. We will ship your medication in discreet packaging to protect your privacy and use tamper evident seals for security. If you experience delays, please call us right away. If your package arrives damaged or with broken seals, let us know the tracking number provided with your package and we will replace it right away.

If you do not receive your medication and your package cannot be located using the tracking number provided, contact our office and we will re-ship the medication to you free of charge.

MediCare Pharmacy provides free delivery for all regular shipments. If you need any emergency medication, we can ship it to you overnight, however please be aware an additional overnight charge may be applied.

Use the Site to schedule your delivery for 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 or call us to update your Account information.

Canada Post, one of our shipping partners, offers Flex Delivery™ – a unique service that allows you to have packages delivered to any post office, free of charge. To learn more or sign up for this service, visit canadapost.ca/flex delivery.

You get to decide whether you want your package to require a signature. If you do not want this security feature, your package will be left in your mailbox or a safe drop location on your premises.

If your package requires a signature, but no one is available, a Delivery Notice Card will be left in the mailbox indicating the closest Canada Post location to pick up your parcel.

To pick up your medication package from the post office, you must bring

• A government-issued photo ID

If someone else is picking up your medication package on your behalf, they must bring one of the following:

• A government-issued photo ID showing they live at the same address as you, or
• The delivery notice card signed by you showing you give them permission to pick up your package, or
• A legal document that demonstrates the person has authority to act on your behalf, such as power of attorney, appointment as trustee or a letter of authorization.

 Your package will be held at the post office for a maximum of 15 days, after which it will be returned to us. Please let us know if you are unable to pick up your package within the window of time indicated by Canada Post and we can coordinate the best location for your package to be delivered.

If you are unable to retrieve your package from the post office and are concerned your medication might expire, call us and we’ll be happy to assist you. If you are receiving items that need to be refrigerated, like insulin, we will ship them to you in specialized coolers and coordinate delivery with you ahead of time to make sure your medication is not left sitting for more than 2 business days.

If you change your shipping address, please update your contact information and address right away from within the MediCare Pharmacy app or by logging on to our website. You can also call or email our office.

MediCare Pharmacy will contact you if your medication is on manufacturer backorder and work with you to make sure you are still getting the medication you need. We will still ship you any other medications you ordered that are not affected by any such back order.

DRUG DISPENSING REQUIREMENT POLICIES

General

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 MediCare Pharmacy; pharmacy regulations stipulate that a pharmacy can accept a faxed prescription only from a physician’s office.

MediCare Pharmacy accepts prescriptions transferred from your old pharmacy. If you provide us with the name and contact information of your old pharmacy, as well as the names of the medications you filled there, we will coordinate the transfer for you.

MediCare Pharmacy also accepts prescriptions sent to our office by mail. To save time, you can use the Site to take a picture of your prescription and submit it directly to us. We will send you a prepaid, priority envelope to mail us your prescription, since we cannot ship your medication without a physical copy of your prescription. We use the picture to sort and package your medication ahead of time so your medication is ready to ship as soon as we receive your prescription in the mail.

If your prescription changes, have your doctor fax it directly to MediCare Pharmacy, and we will update your file.

MediCare Pharmacy fills prescriptions by the dose in SmartPacks. You can order up to 30 days' worth of your prescription medication, which can be refilled in 30-day increments until you reach the end of your prescription. Your SmartPacks will also contain 30 days’ worth of any over-the-counter medications you have ordered, like vitamins and supplements. We provide other pharmacy items, like diabetic supplies, in 3 month increments or as needed basis.

MediCare Pharmacy will not ship any pharmaceutical product to you that does not have Health Canada Approval.

Before any prescription is released for shipping, a MediCare Pharmacy pharmacist will be in contact with you to discuss your medication for counselling, based on the time you specify in your profile when you sign up. If you have a clinical question, you can privately consult with a pharmacist at any time by calling in, emailing, or using in-app chat feature. If you have clinical questions about your medication, pharmacists are on call from Monday to Friday from 9.00 am to 5:00pm, PST.

Requests for and Transfers of Prescriptions

Upon registering an Account and adding your Payment Method (as described below), you give MediCare Pharmacy your consent to transfer your prescriptions from your existing pharmacy(s) and/or contact your prescriber(s) regarding your prescriptions.

Narcotics Policy

MediCare Pharmacy does not dispense narcotics, controlled and targeted substances. You should continue to have prescriptions for these medications filled for you at another pharmacy.

Returns

As governed by the Pharmacy Operations and Drug Scheduling Act (PODSA) Bylaws : Part I(7): The Pharmacist shall not accept the return for use or re-use of any portion of any drug or non-prescription medication. MediCare Pharmacy does not accept returned medication, needles, syringes or lancets. Read more about proper disposal under “Medication Disposal.”

Generic Substitutions

Like most pharmacies, MediCare Pharmacy dispenses generic medication when appropriate and permitted by the prescribing doctor. Generic medications are just as safe and effective as brand-name medications. All prescription drugs are reviewed by Health Canada against federal guidelines and as such, the generic drug must include the same amount of medicinal ingredients as branded drugs. Although the non-medicinal ingredients may differ, the generic drug manufacturer must perform studies showing that the non-medicinal ingredients do not change the drug’s safety, quality or effectiveness.

When MediCare Pharmacy fills your medications, we keep your best interests at heart and look for alternative medications that provide you with the lowest cost without compromising your health. For example, price reductions are often seen through therapeutic substitution which can mean switching one medication for a chemically or therapeutically equivalent drug that can provide the same health benefits.

A chemically equivalent drug is a generic medication made up of the same active chemicals (molecules) as the brand medication counterpart. A therapeutically equivalent drug is a different medication than the original and is not made up of the same active chemicals (molecules) as the original drug. This type of switch requires the approval of you and your doctor. Both chemical and therapeutic equivalents produce the same health results as the higher cost brand alternatives.

For more information on generic drugs, visit the Health Canada website at hc-sc.gc.ca.

Refills

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

When your prescription is due for a refill, MediCare Pharmacy will notify you by phone or Electronic Communication, based on the preference you indicated when you created your Account. When you receive a refill notification, access the Site and you will be shown how much medication you have left on your prescription and be given the option to refill your prescription, which will be shipped to you directly. When you are running out of refills, MediCare Pharmacy will contact your doctor (when available) to get a new prescription. We will notify you promptly if we run into any issues with renewal.  

If you need to refill a prescription early, are planning on travelling or going on vacation, call our office and let us know the dates you will be away at your earliest convenience. Occasionally, you may experience higher costs when requesting an early fill, or vacation supply. However, we will work with your insurance provider to maximize the coverage of your medications - contact our office by phone, email, or through our in-app chat feature and we will go over your options.

Safety and Quality

MediCare Pharmacy advises you to always follow your doctor’s instructions for taking your medication: take the prescribed amount of the medication you should take for the prescribed length of time you should take it. This is the best thing you can do to make sure you get the full benefits from your medication and prevent additional health complications. We understand that some medications may have unpleasant side effects or be difficult to administer, and that is why MediCare Pharmacy pharmacists are available to offer clinical advice when dealing with these issues.

MediCare Pharmacy is fully accredited and licensed through its provincial College, Association or Society. MediCare Pharmacy only dispenses medications that have been approved for sale by Health Canada.

All medication filled by MediCare Pharmacy is verified by computer and double-checked for accuracy by a licensed pharmacist for guaranteed accuracy. If you package arrives damaged or with any seals broken, let us know the tracking number provided with your package and we will replace it right away.

Medication Disposal

It is important to dispose of medication, needles, syringes or lancets correctly. MediCare Pharmacy does not accept returns of any of these items. If your prescription comes with specific directions for disposal, call our office 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/safe-disposal-prescription-drugs.html

Packaging and Child Safety Waiver

A pharmacy is required to dispense medication in a child resistant container unless the patient has signed a waiver or verbally requested a non-safety vial or container or where a child resistant contain is not suitable due to the physical nature of the pharmaceutical.

SMARTPACKS ARE NOT CHILD RESISTANT AND SHOULD BE KEPT OUT OF REACH OF CHILDREN AT ALL TIMES.  YOU ARE RESPONSIBLE FOR ENSURING NECESSARY SAFEGUARDS ARE IN PLACE TO KEEP CHILDREN FROM ACCESSING OR TAMPERING WITH YOUR MEDICATIONS STORED IN SMARTPACKS.  BY USING THE SITE AND SERVICES YOU ARE WAIVING THE REQUIREMENT FOR MediCare Pharmacy TO PACKAGE YOUR PHARMACEUTICALS IN CHILD RESISTANT CONTAINERS FOR ALL NEW PRESCRIPTIONS AND REFILLS ORDERED FROM MediCare Pharmacy OR THROUGH THE SITE.

LOCAL DISPENSING PHARMACY AND ACCREDITATION

British Columbia, Alberta, Yukon, and Northwest Territories.

If you are using or accessing the Site or Services from British Columbia, Alberta, Yukon, and Northwest Territories, the Site and Services are being provided to you by MediCare Pharmacy Pharmacy Inc., a British Columbia company accredited by the College of Pharmacists of British Columbia.

MediCare Pharmacy Pharmacy Inc.'s College ID number with the College of Pharmacists of British Columbia is 35451 and its Accreditation Number is ZKK. You can verify our pharmacy accreditation through the following link: http://www.bcpharmacists.org/search-pharmacy. Simply type in "MediCare Pharmacy" under "Search by Name.”

About the College of Pharmacists of British Columbia

Founded in 1891, the College of Pharmacists of British Columbia is a vital link in the chain of trust that connects patients, pharmacists and pharmacy technicians, and as such, we are accountable to the public. The College's job is to protect public health by licensing and regulating pharmacists and pharmacy technicians and the places where they practice. The College is responsible for making sure every pharmacist and pharmacy technician in British Columbia is fully qualified and able to provide the public with competent care. The College receives its authority from - and is responsible for administering - provincial pharmacy legislation in British Columbia.

COMPLAINTS PROCEDURE

We take feedback very seriously. If you have any concerns regarding MediCare Pharmacy or our services, please call us toll-free at 1-855-950-7225 or email us at [email protected] Pharmacy.com. We will respond promptly to follow up.

DEVICES, MOBILE SERVICES AND MARKETPLACES

The Site may be available through certain mobile or other personal electronic devices.  You acknowledge and agree that MediCare Pharmacy 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 market place 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 third-party 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 MediCare Pharmacy and the App Provider, MediCare Pharmacy 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 MediCare Pharmacy and the App Provider, MediCare Pharmacy’ 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 MediCare Pharmacy, MediCare Pharmacy 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 MediCare Pharmacy’ 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 MediCare 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 MediCare Pharmacy 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 MediCare Pharmacy’ standard business practices and Privacy Policy Privacy Policy, subject to applicable laws which may prohibit MediCare Pharmacy from transmitting certain personal information over international borders . To the extent required by applicable laws, MediCare Pharmacy 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 MediCare Pharmacy’ Privacy Policy. MediCare Pharmacy 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

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

PAYMENT TERMS

Payment Procedure

MediCare Pharmacy sends you an invoice every month, which includes the cost of your prescription and any over-the-counter medications. No charges are made without notifying you or your Patient Representative first and an Electronic Communication is sent before every shipment with the included items.

MediCare Pharmacy accepts all major credit cards. We will charge your portion (if applicable) to the Visa, MasterCard or American Express you provide at the time of joining. 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 purchase or your Patient Representative purchases on your behalf from MediCare Pharmacy. If you cannot make a payment on time, call our office to set up a payment plan. If you require financial assistance, email us and we will get back to you shortly.

MediCare Pharmacy works with all major insurance plans. We will confirm your coverage when you sign up for MediCare Pharmacy.

Any outstanding balance after applying the pharmaceuticals coverage under your insurance will be charged to you as a copayment. 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”).  When you provide any payment account information to MediCare Pharmacy, you represent to MediCare Pharmacy that you are the authorized user of that payment account or insurance policy.  The initial claim will be directed to your drug plan first and to a spouse’s insurance plan second. You should submit claims for dependent children first to the plan of the spouse whose birth date is earliest in the year.

If you have any prior authorizations, MediCare Pharmacy will work with your doctor and insurance company to handle it. We’ll be in touch with you so that you know how long the process will take.

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.  This information must be complete and accurate, and you are responsible for keeping it up to date.  You hereby expressly authorize us 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.  MediCare Pharmacy may, in its sole discretion, accept or reject an order you have placed.

Fee Changes

To the maximum extent permitted by applicable laws, we may change the fee we charge for products or Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable product or Service, by posting the new prices on the Site or by otherwise notifying you through Electronic Communication.

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 MediCare Pharmacy and you agree to abide by the terms and conditions applicable to that payment method.  MediCare 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, where you authorize us to do so. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT(S).  YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR OUR 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 MediCare Pharmacy to acquire the product or service ordered, which offer will be deemed to have been accepted by MediCare 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 MediCare Pharmacy be liable for any decision made or action taken in reliance on the 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 MediCare Pharmacy’s Branding

The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Site are the property of MediCare Pharmacy 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 MediCare Pharmacy 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, MediCare Pharmacy 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 MediCare Pharmacy 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 MediCare Pharmacy’ exclusive property and is of essential value to MediCare Pharmacy 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 MediCare Pharmacy’ 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 MediCare Pharmacy’ 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: Mail, e-mail or fax the written Copyright Notice document to us.

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

By Mail:

MediCare Pharmacy Pharmacy Inc.
Attn:  CEO and President

233 - 18525 53rd Avenue
Surrey, British Columbia
V3S 7A4

By Fax:

MediCare Pharmacy Pharmacy Inc.
Attn:  CEO and President
1-855-950-7226

By E-Mail:

[email protected] Pharmacy.com 

LINKED SITES AND THIRD PARTY SERVICES

Linked Sites

MediCare Pharmacy prohibits caching unauthorized hypertext links to the Site and the framing of any Content available through the Site. MediCare Pharmacy 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. MediCare Pharmacy 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 MediCare Pharmacy

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 MediCare Pharmacy.  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 MediCare Pharmacy, or MediCare Pharmacy may make the Content or Services available through servers that are not owned or controlled by MediCare Pharmacy.  MediCare Pharmacy 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 MediCare Pharmacy and otherwise has no control over how such services are offered, administered or operated.  Any such use of services not controlled by MediCare Pharmacy 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, NON-INFRINGEMENT, SECURITY OR ACCURACY. MediCare Pharmacy 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 MediCare Pharmacy, 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 MediCare Pharmacy 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 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, MediCare Pharmacy 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. MediCare Pharmacy MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE, CONTENT OR SERVICES AT ANY TIME.

YOU AGREE THAT MediCare Pharmacy 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 MediCare Pharmacy 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. MediCare Pharmacy CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE SITE, CONTENT OR SERVICES.  WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL MediCare Pharmacy BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO MediCare Pharmacy.

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 MediCare Pharmacy 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 THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO MediCare Pharmacy.

Limitation of Liability for Services Arranged Through the Site

YOU AGREE THAT MediCare Pharmacy IS A MERE REPRESENTATIVE FOR THE CONTENT PROVIDERS AND SUPPLIERS OF THIRD PARTY GOODS AND SERVICES AVAILABLE THROUGH THE SITE, CONTENT OR SERVICES AND MediCare Pharmacy 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, MediCare Pharmacy 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 MediCare Pharmacy AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WITH RESPECT TO THE SAME.  WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL MediCare Pharmacy BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO MediCare Pharmacy.

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 MediCare Pharmacy 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 ALL AMOUNTS PAID BY YOU TO MediCare Pharmacy.

INDEMNITY

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MediCare Pharmacy 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 MediCare Pharmacy 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 MediCare Pharmacy’ products and services, or any portion thereof, and cancel your Account if MediCare Pharmacy 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, MediCare Pharmacy 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 MediCare Pharmacy’ other remedies, you hereby consent to, and authorize MediCare Pharmacy to obtain, an injunction or other equitable relief from any court of competent jurisdiction.  You further authorize MediCare Pharmacy 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 MediCare Pharmacy, shall remain effective until terminated by you or MediCare Pharmacy.  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 MediCare Pharmacy, MediCare Pharmacy 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.

DISPUTE RESOLUTION

You and MediCare Pharmacy agree that any dispute, claim or controversy arising out of or relating to these Terms of Use, any policy or guarantee referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Site, Content or Services (collectively, the “Disputes”) will be settled by binding arbitration, except that each party retains the right to (i) bring an individual action in an applicable small claims court, such as the British Columbia Provincial Court (Small Claims Division) in respect of any dispute relating to MediCare Pharmacy Pharmacy Inc., if the action is within the jurisdiction of that court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, confidential information or other intellectual property or proprietary rights.  You acknowledge and agree that you and MediCare Pharmacy are each irrevocably waiving the right to a trial by jury and the right to participate as a plaintiff or a class member in any purported class action or similar representative proceeding.  Further, unless you and MediCare Pharmacy expressly agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding.  This “Dispute Resolution” section shall survive any termination of these Terms of Use.

Any arbitration to be conducted pursuant to this “Dispute Resolution” section where MediCare Pharmacy Pharmacy Inc. is a party shall be conducted before a single arbitrator in accordance with the rules of the British Columbia International Commercial Arbitration Centre for Domestic Disputes.  The venue of such arbitration shall be Vancouver, British Columbia, Canada.

GENERAL

Governing Law

These Terms of Use and your legal relationship with MediCare Pharmacy shall be governed by and construed in accordance with the laws of the province where the dispensing pharmacy is located, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. These Terms of Use shall not be governed by the  United Nations Convention on Contracts for the Sale of Goods. The controlling language of these Terms of Use is English.

Waiver and Severability

The failure of MediCare Pharmacy to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  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.  All remedies of MediCare Pharmacy here under shall be cumulative.

Force Majeure

MediCare Pharmacy 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 MediCare Pharmacy, 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 here under, 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 MediCare Pharmacy (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 below, 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 MediCare Pharmacy 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.