Legal Statement and Terms of Service
Aposan International Limited carrying on business as CanPharm.com requires its customers to enter into the following Agreement.
Disclosure and Representations
I hereby represent and confirm to Aposan International Limited, CanPharm.com, and each of their constituent entities, as well as to each of their affiliates, associates, related companies, subsidiaries and parent companies and each of their respective directors, officers, shareholders, employees, contractors, successors and assigns (all such persons are hereafter collectively referred to as either "CanPharm.com" or the "CanPharm.com Agents") that
1. I am delivering this Agreement to CanPharm.com because I wish to place an Order with CanPharm.com for certain pharmaceuticals (the "Order"), on the terms and conditions set out herein;
2. The pharmaceutical(s) to be delivered to me in connection with my Order (the "Pharmaceutical(s)") were prescribed by a doctor licensed to practice medicine in the country, state or other applicable jurisdiction in which I reside or where I sought treatment;
3. The prescription(s) for the Pharmaceutical(s) (the "Prescription") was lawfully obtained by me from that physician;
4. I will use the Pharmaceutical(s) strictly according to the instructions provided by the physician who prescribed the pharmaceuticals, as the person for whom such pharmaceutical(s) were prescribed;
5. I can make my own medical decisions according to the law of the place where I reside;
6. The Prescription has not been altered in any way nor has it been filled prior to submission to CanPharm.com. I agree to provide my original Prescription to CanPharm.com, by courier or by mail, in order that my Prescription be filled. I also undertake to immediately destroy all copies of my Prescription once it has been filled;
7. I am not seeking or relying on any medical information from CanPharm.com and I have consulted a qualified physician licensed in the jurisdiction where I obtained the Prescription within the last year;
8. I will immediately contact the physician who provided the Prescription in the event I suffer any unexpected side effects from any of the Pharmaceutical(s);
9. I understand that it is my responsibility to have regular physical examinations by my primary U.S. licensed physician that is responsible for my care, including all suggested testing to ensure I have no medical conditions or problems that would constitute a contraindication to me taking the Pharmaceutical(s) being prescribed; and
10. I acknowledge that CanPharm.com, its employees and agents have relied on the information and documentation that I am providing (including the Order, the Prescription and Patient Information) and I represent and confirm that I have fully and accurately disclosed all pertinent information and documentation to CanPharm.com. I agree to notify CanPharm.com of any changes to my physical or medical condition by providing updated Patient Information
Authorization and Consent
11. The authorizations and consents that I am providing herein to CanPharm.com commence on the date I sign this Agreement and will continue until I revoke them. I understand that I can revoke the consents and authorizations I have granted at any time by giving written notice to CanPharm.com of my intentions in that regard.
12. I hereby authorize and appoint CanPharm.com as my agent and attorney for the limited purpose of taking all steps and signing all documents on my behalf necessary to obtain a prescription in the country where the dispensing pharmacy is located that is the equivalent of the prescription that I sent to CanPharm.com (the "Equivalent Prescription") to the same extent that I could do personally if I were present taking those steps and signing those documents myself. This authorization shall include, but not be limited to, collecting personal health information about me, collecting similar information from my prescribing physician or pharmacist, and disclosing that personal health information to CanPharm.com, its employees, agents, affiliates and service providers, including without limitation the physician licensed in the country where the dispensing pharmacy is located and any pharmacy or pharmacist being retained by CanPharm.com on my behalf (collectively the "CanPharm.com Agents"), as required for the limited purpose of obtaining the Equivalent Prescription and filling my Order.
13. Without limiting anything else herein, I hereby provide my consent to allow any licensed physician retained by CanPharm.com on my behalf to obtain my medical history, drug history, contact information and other necessary documentation from my U.S. physician. I further consent to the physician retained by CanPharm.com on my behalf and my U.S. physician being able to contact one another to discuss my medical condition, as it pertains to the prescribing of my Pharmaceutical(s). I understand that the reason for this consent is to provide the licensed physician retained on my behalf with the full opportunity to conduct an independent analysis of whether my Prescription is appropriate, and discuss any potential medical complications that might arise. I further understand that my medical information will not be used for any other purpose and will be kept in strict confidence. I further agree to regularly visit my U.S. physician and to promptly advise the physician retained by CanPharm.com on my behalf of any change to my medical condition or prescriptions.
14. I hereby specifically acknowledge that I am aware that CanPharm.com will be transmitting my personal health information by electronic means (for example fax, secure internet) to its employees, agents, affiliates and service providers including the physician retained on my behalf. I understand that the use of electronic means will enhance the efficiency and timeliness of processing my Order. I also understand that CanPharm.com, as a custodian of my personal health information, will take all appropriate precautions to protect my personal health information from improper disclosure or use. I hereby consent to CanPharm.com's transmission of my personal health information by electronic means.
15. I authorize and appoint CanPharm.com and the CanPharm.com Agents as my agents and attorneys for the purpose of taking all steps and signing all documents on my behalf necessary to package or repackage my Pharmaceutical(s) and to deliver them to me, to the same extent as I could do if I were personally present taking those steps and signing those documents myself.
16. I authorize and appoint CanPharm.com and the CanPharm.com Agents as my agents and attorneys for the purpose of taking all steps and signing all documents on my behalf necessary for shipping my Pharmaceutical(s) to me as if I had done so myself.
17. I acknowledge and agree that I initiated a consultation with CanPharm.com and that with the exception of the dispensing pharmacy based in the State of Florida, neither CanPharm.com nor the CanPharm.com Agents are located in the United States. I also acknowledge that the CanPharm.com Agents contracted by CanPharm.com on my behalf are located in Canada or other countries selected by CanPharm.com and that all professional services that I receive from the physicians and pharmacists licensed in Canada or in the other countries, as the case may be, are being received in those jurisdictions.
Purchase and Sale Terms
18. The Pharmaceutical(s) will be packaged in child protective packaging, unless otherwise requested by me on the Patient Profile under My Account.
19. Once purchased and shipped, no pharmaceutical product may be returned or exchanged.
20. Title to my prescribed medications passes from the pharmacy that fills my prescription to me when my medications are shipped.
21. CanPharm.com reserves the right to refuse to assist me in obtaining my Order, or any other order, in its sole discretion, in which event I will be entitled to a refund for monies paid for such Order.
22. Neither CanPharm.com nor the CanPharm.com Agents provide their agency or attorney services as a substitute for healthcare or the advice of the customer's primary care physician.
23. I specifically acknowledge and agree that each and every one of these terms and conditions will automatically and without further action by me or CanPharm.com, apply to and govern any future orders by me of pharmaceutical(s) from CanPharm.com unless I specifically indicate otherwise at the time of ordering such pharmaceutical(s). Without limiting the foregoing, each authorization and consent provided by me in this Agreement shall continue until I revoke such authorization or consent (which I can do at any time) in accordance with paragraph 11 above.
24. I specifically acknowledge and agree that any and all agreements reached or contracts formed throughout the course of my purchase of the Pharmaceutical(s) shall be deemed to be made:
(a) in respect of any pharmaceuticals that were dispensed in Canada, in the Province of Manitoba, Canada and accordingly shall be governed by the laws of the Province of Manitoba and the laws of Canada applicable to such contracts and agreements; and
(b) in respect of any pharmaceuticals that are dispensed in a country other than Canada, in that jurisdiction and accordingly shall be governed by the laws of the jurisdiction where the pharmaceuticals were dispensed applicable to such contracts and agreements.
25. I specifically acknowledge and agree that any dispute that arises between me and CanPharm.com or any of the CanPharm.com Agents shall:
(a) insofar as such dispute related to CanPharm.com or any of the CanPharm.com Agents located in Canada, be governed by the laws of the Province of Manitoba and the laws of Canada applicable to contracts formed in Manitoba, and the courts of the Province of Manitoba shall have sole and exclusive jurisdiction over any such disputes; and
(b) insofar as such dispute relates to any CanPharm.com Agents located in a country other than Canada, which dispute shall be governed by the laws of jurisdiction where the CanPharm.com Agent is located applicable to contracts formed in that jurisdiction and the courts of that jurisdiction shall have sole and exclusive authority over any such dispute.
Please contact us if you do not understand these terms of service or want us to clarify something by sending us an email.