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PHARMASAVE.COM TERMS OF USE

PHARMASAVE.COM TERMS OF USE

Pharmasave.com, eCare@Pharmasave Services and Mobile Applications

Last updated: July 1, 2020

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE PHARMASAVE.COM WEBSITE OR THE ECARE@PHARMASAVE MOBILE APPLICATION. BY USING THE SITE OR APPLICATIONS, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.

These Terms govern your use of any website or mobile application maintained by Pharmasave including the Pharmasave.com website (the “Site”), the eCare@Pharmasave Mobile Applications (the “Applications”) and any other website and applications that we currently offer or may offer in the future (collectively, the “Services”). The Services may vary from time to time, but may include information on deals and promotions, health information and more.  Some of the information we provide is from third parties.  In addition, from time to time we rely on third party service providers to help us deliver the Services. For the purposes of these Terms, unless stated otherwise, all references to “Pharmasave”, “we”, “us” and “our” includes Pharmasave Drugs (National) Ltd. and its affiliates Pharmasave Drugs (East) Ltd. and Pharmasave Drugs (West) Ltd. (the “Pharmasave Affiliates”) and each of their respective agents.

The Services are intended for Canadian residents who are over the age of legal majority in the province/territory where they reside (including by persons over the age of legal majority for the benefit of persons under the age of legal majority, provided the user is the parent or legal guardian of the person under the age of legal majority). By accessing the Services you represent that you are at least the age of legal majority where you reside and you agree to use the Services in accordance with all applicable local, provincial, national or international laws and regulations.

 

ACCOUNT

In order to access certain areas of the Services, you may be required to register for an account. You agree to provide accurate and current information about yourself as requested and to promptly update such information as necessary to ensure that it is kept accurate and complete.

When you make a purchase through this website, you may choose not to register and instead to check out as a guest. As a guest, you are still required to provide certain personal information that allows us to process your order. Such information includes, but is not limited to, name, shipping address, email address and phone number.  You will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to our trusted third-party payment processor. Pharmasave does not collect your financial information whether you register an account or purchase as a guest.

You agree to be responsible for the accuracy of all information that you provide to us, regardless of whether you register an account or not.

You agree to be responsible for maintaining the confidentiality of your account identifiers, such as your registration code, username, login and/or password, which you choose as a result of any registration with the Services. Further, you will promptly notify Pharmasave Drugs (National) Ltd. (using the contact information at the end of these Terms) of any unauthorized use of your account.

Please note that in eCare@Pharmasave, your registration code is different from your login credentials and both your registration code and your account credentials may be used to gain access to your personal health information.

If you choose to share your account identifiers with another person who will manage your personal account on your behalf, you are responsible for all actions taken by such person with respect to the use of your account. The person with whom you share your account identifiers will have full access to your personal account and will be able to modify your account and make requests through your account. That person is also bound personally by these Terms.

Pharmasave will assume that any modifications to your account and any requests made from your account (e.g. to purchase items online, refill your prescription) are being made by you or on your behalf by an authorized individual. PHARMASAVE WILL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, YOUR DISCLOSURE OF YOUR REGISTRATION CODE OR ACCOUNT CREDENTIALS OR IDENTIFIERS OR THE USE OF THE SERVICES BY A PERSON WHOM YOU AUTHORIZE TO ACCESS YOUR PERSONAL ACCOUNT. All references to your use of the Services in these Terms or in the Privacy Policy apply to the use of the Services by a person whom you authorize to access your personal account.

 

MAKING A PURCHASE

You may only purchase or order items for personal, non-business purposes.  We will use commercially reasonable efforts to fulfill your Order as quickly as possible; however, we will not be responsible for any delays in fulfillment which are beyond our control. If you do not receive your Order within 10 days of purchase, please let us know.

We reserve the right to limit or refuse any Order.  Further, we reserve the right to verify the validity of all Orders and cancel any Order if we find evidence of fraud, tampering and/or any other violation of these Terms.  We reserve the right to require proof of identity for the purposes of verifying the legitimacy of any Order or other information.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. We also reserve the right, in our discretion, not to offer shipping to all areas or to certain addresses. In the event that we are unable or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly.

All dollar amounts are in Canadian Dollars unless otherwise indicated.

By completing a purchase transaction (“Order”) through the website, you are agreeing to pay, in full, the prices and all applicable taxes, shipping and handling fees in relation to your Order. Applicable sales tax will also be applied to the shipping and handling and return shipping charges. Taxes may depend on delivery location.

Payment must be by credit card or other permitted payment method. Pharmasave does not collect your financial information and all payments are processed by our trusted third-party service provider. We reserve the right to change the permitted methods of payment at any time, including and without limitation, the credit cards we will accept. If your order is improperly completed, not completed, or payment is not received, your Order will not be accepted.

Please note that adding items to your shopping cart (“Cart”) does not reserve such items for you or guarantee that you will be able to purchase such items at a later date. We reserve the right to change the prices offered on the website at any time, including without limitation, items that have been placed in your Cart.

Every effort has been made to ensure that the information contained on the website is correct. However, there may be information on the website that contains typographical errors, inaccuracies, or omissions – including those that may relate to product descriptions, pricing, promotions, offers, and/or availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or modify or cancel Orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your Order).

While we have tried to accurately display the colours of products, the actual colours you see will depend on your monitor and may not be accurate.

 

PHARMASAVE REWARDS

Pharmasave Rewards points may be earned on purchases of eligible products at stores that participate in Pharmsave Rewards at the time of purchase. You must provide your Pharmasave Rewards number during checkout to receive your points. Rewards points earned through your Order will be added to your account at the time you are billed for your purchase.

 

RETURNS

Unopened products in resaleable condition may be returned with a receipt within 15 days of product pick-up or delivery date and be issued a refund. Certain exceptions apply including but not limited to: prescriptions, codeine products, lottery, stamps, gift cards, phone cards, tickets and passes, electronic, pre-recorded audio/video and custom orders. Personal care items, clothing, fashion apparel and personal accessory items that have been used, removed from the original packaging and/or had tags removed cannot be returned. This includes but is not limited to items such as earrings, breast pumps, pillows, mattresses, cushions, undergarments and foundation garments. If your original order was shipped and the product is incorrect or defective, the cost of shipping will also be refunded. ​Exceptions may apply. Please review the return policy at the store where you made your purchase.

 

PRIVACY AND PERSONAL INFORMATION

To understand how we collect, use, share and disclose your personal information when you use the Services, please see our Privacy Policy.

 

ACCESS TO PERSONALLY IDENTIFIABLE AND PERSONAL HEALTH INFORMATION

Through the Services, you may be able to access personally identifiable and personal health information that has been collected and generated by your pharmacist, or your actions on Pharmasave.com. Access to your personal information is being provided for general informational and record-keeping purposes, to permit you to purchase goods online, request a refill and to permit you to provide your personal health information to physicians and other health care professionals and for intervention by your pharmacist to offer certain patient services. The personal information that you can access does not, nor is it intended to be construed as, medical, legal, or other professional advice or opinion or represent your comprehensive or complete medical history. By using the Services to manage your prescriptions and other personally identifiable information, you acknowledge and accept the risk that such information will be accessed without your consent, including due to flaws in the security of the device you use to access the Services. By using any of the Services for a person other than yourself, you represent and warrant that you have all necessary consent and authority to do so.

If you have a question or concern regarding your prescription, please contact your physician or pharmacist. In addition to any regulatory restrictions that may apply, pharmacists reserve the right to refuse prescriptions at their professional discretion and under the direction of policies and rules of the applicable college of pharmacists, prescriber authority and applicable law.

 

MEDICAL DISCLAIMER

The Services provide a variety of information and links related to health, fitness and medical products and permits you to register to receive a variety of information. THE CONTENT PROVIDED ON OR BY THE SERVICES IS NOT INTENDED TO TAKE THE PLACE OF YOUR DOCTOR, PHARMACIST, OTHER HEALTH CARE PROFESSIONAL OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABELS. YOU SHOULD NOT USE THE CONTENT TO PRESCRIBE A MEDICATION, OR DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. Pharmasave does not recommend or endorse any specific tests, products, procedures, opinions or other information that may be mentioned on the Services. When using any information and articles provided by the Services for any purpose, we advise you to consult a qualified professional to verify accuracy and application to you.

 

USE OF SERVICES

As between you and Pharmasave, we own the Services and all of the written or other content on the Services, including text, images, graphics, email, newsletters, eFlyers, health and wellness information, news updates, alerts, notifications, executable applications, software, underlying code and other content and services offered through the Services (the “Content”), as well as any and all improvements, updates and modifications which we make to the Content from time to time. The Services and the Content is only for your personal, non-commercial, or educational purposes. You may not copy, distribute, publish or make any commercial use of any Content. You are permitted to print or download, for the purpose of displaying, copies of the Content, provided: (i) such copies are kept in your sole possession or control; (ii) you reproduce and include the whole of any proprietary notices, including copyright and trademark notices on the copies; (iii) you do not publish, sell, transfer, reproduce, distribute, modify, display, prepare derivative works based on, re-post, transmit or otherwise use the Content for any purpose whatsoever; and (iv) you acknowledge that unauthorized use of the Content, would result in damages to us, which could not be adequately compensated for in damages by monetary award. Accordingly, in the event of any such breach, in addition to all other remedies available at law or in equity, we are entitled as a matter of right to apply to a court of competent jurisdiction for relief by way of restraining order, injunction, decree or otherwise, as may be appropriate to ensure compliance with these Terms.

You may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing our name, trademarks, or product names without our express written consent.

The trademarks used in the Services are trademarks owned by Pharmasave Drugs (National) Ltd., including, among others:

PHARMASAVE

LIVE WELL WITH PHARMASAVE

PHARMASAVE ECARE

PS DESIGN

WELL INFORMED

CONTENT PROVIDED BY YOU

You own the content and information that you: (i) provide to us through the Services; or (ii) authorize us to collect on your behalf from one or more third parties; including technical information regarding your use of the Services and including any ideas, suggestions and feedback you provide to us (collectively, “User Content”). You hereby grant us a worldwide, irrevocable, fully paid-up, royalty-free license to use, store, modify, reproduce, aggregate with other information, distribute, communicate, publish, publicly perform, display and create derivative works from, the User Content and to sublicense (through multiple layers) all of the foregoing. You also hereby waive, and agree to cause all authors to waive, in favour of us and all of our licensees, all moral rights (or other inalienable rights) in the User Content. This license and waiver continues in respect of pre-existing User Content even if you stop using our Services.

 

RESTRICTIONS

While using the Services, you agree not to: (i) interfere with other users’ use of the Services; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) impersonate, or misrepresent your affiliation with, any person or entity; (v) post or transmit any content which may injure, disparage or constitute defamation or libel of any third party; or (vi) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.

Pharmasave reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of the Services, including without limitation, taking legal action, or suspending or terminating your access without notice.

 

SOFTWARE UPDATES AND MODIFICATIONS

If you download the Application, you agree and acknowledge that the Application may download and install upgrades, updates and additional features from us in order to improve, enhance and further develop the Application.

 

THIRD PARTY SITES

The Services contain links to other websites (“Third Party Sites”), including third-party payment processing. Third Party Sites are not under our control and we are not responsible for anything on Third Party Sites.

 

LINKS AND ENDORSEMENTS

Third Party Sites are not under our control and we are not responsible for anything on Third Party Sites. Please review the terms and conditions and privacy policies, if any, of Third Party Sites.

We do not endorse the products or services of anyone else, including any third party products or services mentioned or referred to in or through any information, comments or material in, or linked from or to the Services. References to any such products or services are not endorsements or approval of such products or services.

Because some websites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in Third Party Sites and you hereby irrevocably waive any claim against us with respect to Third Party Sites.

 

DISCLAIMER OF WARRANTIES

THE SERVICES OR ANY OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHARMASAVE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

PHARMASAVE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THESE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR VERIFYING ANY CONTENT BEFORE RELYING ON IT. FOR GREATER CERTAINTY, YOU AGREE THAT ALL RISK ASSOCIATED WITH THE USE OF, OR RELIANCE ON, ANY PERSONAL INFORMATION OR CONTENT OF THE SERVICES, RESTS WITH YOU. YOU FURTHER AGREE THAT PHARMASAVE (INCLUDING THE PHARMASAVE AFFILIATES) AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS OR ANY PHARMASAVE PHARMACY OPERATOR WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY CONTENT OR THE SERVICES.

 

NO LIABILITY

IN NO EVENT WILL PHARMASAVE (INCLUDING THE PHARMASAVE AFFILIATES) AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS OR ANY PHARMASAVE PHARMACY OPERATOR LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, THE CONTENT OF THE SERVICES OR THE PERSONAL INFORMATION ACCESSIBLE ON THE SITE OR THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL PHARMASAVE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE PERSONAL INFORMATION ACCESSIBLE OR CONTENT PROVIDED THROUGH THE SERVICES.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless each of Pharmasave Drugs (National) Ltd., its affiliates (including the Pharmasave Affiliates) and officers, directors, employees, agents, representatives of the foregoing and all service providers of the foregoing, including all third parties mentioned on or in any way involved in providing any of the Services, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms; (b) your access to, use of or reliance upon the Services, your personal information that is accessible through the Services, or the Content of the Services; or (c) your infringement of any intellectual property or privacy rights of any person.

 

GENERAL

We reserve the right to change any aspect of the Services, including adding or removing functionality, and the right to refuse or remove any Content, whatever the source, at any time without any notice or liability to you and in our sole discretion. We may terminate, restrict, or suspend your use of the Services at any time, without notice or reason.

Any disputes arising from your use of the Services shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable in the Province of British Columbia. You agree not to raise conflict of laws principles in an attempt to defeat the application of these laws and you expressly consent to the exclusive forum, jurisdiction and venue of the courts of British Columbia.

You will do all such further acts and execute or deliver such documents as we may reasonably require from time to time for the purpose of giving effect to these Terms (including protecting, confirming and enforcing the license provided to us above).

These Terms, including the Privacy Policy, constitute the entire agreement between the parties with respect to the Services. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to the Services.

If any provision of these Terms is found to be unlawful, void or unenforceable, then such provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The language in these Terms will not be interpreted strictly for or against any party. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign, transfer, or otherwise dispose of any rights or obligations under these Terms, in whole or in part. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. The section titles are for convenience only and have no legal or contractual effect.

If you have any questions about these Terms, please contact Pharmasave Drugs (National) Ltd. toll-free at: 1-800-661-6106 or click here to contact us. You can also contact Pharmasave Drugs (National) Ltd. by mail at:

 

Pharmasave Drugs (National) Ltd.

8411-200 Street, Suite 201

Langley, B.C.

Canada, V2Y 0E7

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