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TERMS
OF SALES AND
SERVICES
The
following terms
and conditions
(the “Terms”)
govern the sale
by iCanRx.com.
(carrying on
business as “iCanRx.com”)
(iCanRx.com)
to you (the “Customer”)
of the products
and services
(the "Products")
offered for sale
by iCanRx.com
AFFILIATE PHARMACY
STORES. By accepting
delivery of the
Products described
on a purchase
order, Customer
agrees to be
bound by and
accepts these
Terms.
1.
Other Documents.
These Terms may
not be altered,
supplemented,
or amended by
the use of a
Customer purchase
order or similar
Customer document.
Any attempt by
Customer to alter,
supplement or
amend this document
or to enter into
an order for
Product(s) that
is subject to
additional or
altered terms
and conditions
will be null
and void, unless
otherwise agreed
to in a written
agreement signed
by both Customer
and iCanRx.com.
iCanRx.com may
change these
terms and conditions
as they relate
to future sales
or deliveries
at any time without
prior notice.
2.
Governing Law.
These Terms will
be governed by
and construed
in accordance
with the laws
of the Province
of British Columbia
and the laws
of Canada applicable
therein, without
giving effect
to any principles
of conflicts
of laws. All
disputes, controversies
or claims arising
out of or in
connection with
these Terms shall
be submitted
to and be subject
to the jurisdiction
of the courts
of the Province
of British Columbia.
The parties submit
and attorn to
the exclusive
jurisdiction
of the courts
of the Province
of British Columbia
to finally adjudicate
or determine
any suit, action
or proceeding
arising out of
or in connection
with these Terms.
3.
Privacy Policy.
By submitting
an order for
products and
services from
iCanRx.com, the
Customer consents
to the collection
and use of personal
information as
described in
our privacy policy
published on
the iCanRx.com
web site. iCanRx.com
reserves the
right to amend
its privacy policy
from time to
time by posting
the updated policy
on its web site.
The Customer
agrees to review
the privacy policy
each time it
submits an order
for products
or services.
4.
Orders; Prices;
Payment Terms;
Interest.
Orders
are not binding
upon iCanRx.com
until accepted
by iCanRx.com
in writing. The
prices for the
Products shall
be as set forth
in iCanRx.com’s
written, or telephone
confirmation
as at the time
of acceptance
of an order by
iCanRx.com. Prices
for Products
shall be subject
to change without
any further notice.
Payment must
be received by
iCanRx.com prior
to iCanRx.com's
acceptance of
an order. Payment
for the Products
will be made
by a credit card
accepted by iCanRx.com.
5.
Shipping Charges;
Separate charges
for shipping
and handling
will be shown
on iCanRx.com's
invoice(s). The
Customer is responsible
for goods and
services tax,
sales, duty and
all other taxes
associated with
the order, however
designated, except
taxes on iCanRx.com's
net income. If
applicable, a
separate charge
for taxes will
be shown on iCanRx.com's
invoice
6.
Title.
Title to Products
passes from iCanRx.com
to Customer at
the time the
Products leave
iCanRx.com's
Canadian affiliate
pharmacy. Customer
shall be responsible
for all loss
or damage to
the Products
that occurs during
shipping. Ship
dates are estimates
only. iCanRx.com
is not liable
for delays in
shipment or failure
to ship by the
estimated ship
date.
7.
Warranties.
The manufacturer
of each product
is solely responsible
for any warranty
associated with
a product. To
the maximum extent
permitted by
law, iCanRx.com
disclaims any
warranties and
conditions, express
or implied, in
respect of the
products and
services contemplated
by these terms
and conditioins
including, without
limitation, implied
warranties and
conditions of
merchantability
and fitness for
a particular
purpose. iCanRx.com's
responsibility
for claims in
respect of the
products is limited
to replacement
of the product.
8.
Return Policy.
Due to the nature
of the Products,
Products are
not returnable.
All sales are
final sales.
9.
Exchanges.
From time to
time, iCanRx.com
may, in its sole
discretion, exchange
and replace a
Product, in the
event of damage
or defect of
the Product.
Any exchanges
will be made
in accordance
with iCanRx.com's
exchange policies
in effect on
the date of the
exchange.
10.
Products.
iCanRx.com may
revise and discontinue
Products at any
time without
prior notice.
11.
Limitation of
Liability.
ICANRX.COM DOES
NOT ACCEPT LIABILITY
BEYOND THE REMEDIES
SET FORTH HEREIN
INCLUDING, WITHOUT
LIMITATION, ANY
LIABILITY FOR
PRODUCTS NOT
BEING AVAILABLE
FOR USE OR DELAYS
EXPERIENCED IN
CUSTOMERS RECEIVING
PRODUCTS THAT
HAVE BEEN PURCHASED.
TO THE MAXIMUM
EXTENT PERMITTED
BY LAW, ICANRX.COM
WILL NOT BE LIABLE
FOR DAMAGES ARISING
FROM PERSONAL
INJURY OR DEATH,
LOST PROFITS,
LOSS OF BUSINESS
OR OTHER LOSS
OR DAMAGE RELATING
IN ANY WAY TO
PRODUCTS OR SERVICES,
WHETHER DIRECT
OR CONSEQUENTIAL,
SPECIAL, INDIRECT
OR PUNITIVE,
EVEN IF ADVISED
OF THE POSSIBILITY
OF SUCH LOSSES
OR DAMAGES, OR
FOR ANY CLAIM
BY ANY THIRD
PARTY. THE FOREGOING
LIMITATIONS APPLY
REGARDLESS OF
THE CAUSES OR
CIRCUMSTANCES
GIVING RISE TO
SUCH LOSS, DAMAGE
OR LIABILITY,
EVEN IF SUCH
LOSS, OR DAMAGE
OR LIABILITY
IS BASED ON NEGLIGENCE
OR OTHER TORTS
OR BREACH OF
CONTRACT INCLUDING,
WITHOUT LIMITATION,
FUNDAMENTAL BREACH
OR BREACH OF
A FUNDAMENTAL
TERM.
12.
Exports.
The Customer
acknowledges
that the Products
sold hereunder
are subject to
applicable export
control laws
and regulations.
13.
Entire Agreement.
Customer agrees
that these Terms
and any document
incorporated
by reference
or referred to
herein constitute
the entire agreement
between Customer
and iCanRx.com
pertaining to
the subject-matter
of these terms
and conditions,
and supersedes,
terminates and
otherwise renders
null and void
any and all prior
agreements, understandings,
negotiations,
contracts, proposals
or requests for
proposals, whether
written or oral,
between Customer
and iCanRx.com.
In the event
of a conflict
between these
terms and conditions
of sale and any
of the documents
incorporated
by reference
or referred to
herein, these
terms and conditions
of sale shall
govern.
14.
Severability.
The invalidity
or unenforceability
of any provision
of these terms
and conditions
shall not affect
the validity
or enforceability
of any other
provision hereof
and any such
invalid or unenforceable
provision shall
be deemed to
be severable.
15.
Headings.
The section headings
used herein are
for convenience
of reference
only and do not
form a part of
these terms and
conditions, and
no construction
or inference
shall be derived
therefrom.
16.
Force Majeure.
iCanRx.com shall
not be liable
for any delay
or failure in
performance caused
by circumstances
beyond its reasonable
control, including,
without limitation,
delays due to
backorders of
requested Products,
mail delays,
customs delays,
lost shipments.
iCanRx.com shall
not be responsible
to notify the
Customer in the
event of such
delays. Customer
shall be solely
responsible to
make other arrangements
to purchase alternative
Products and
any costs incurred
in connection
with such purchases.
Nature
of services offered.
iCanRx.com provides
a service to customers
and acts purely
as a fulfilment
processing service.
iCanRx.com can
not give any
guarantees or
assurances as
to the reliability
or quality of
products supplied
to its users
through its affiliate
pharmaceutical
suppliers. And
will not be held
liable for any
damages caused
as a result of
any medication
supplied to any
individual from
its affiliate
pharmacies. It
is a requirement
of all iCanRx.com
customers to
check that the
product supplied
to them is correct
and that the
any products
supplied are
accurate as prescribed
by a Licensed
Medical Doctor.
NOT
OFFERING ANY ADVICE
The Information is
for informational
purposes only and
is not intended to
provide specific advice
for you, and should
not be relied upon
in that regard. You
should not act or
rely on the Information
without seeking the
advice of a professional.
YOU SHOULD NOT USE
THE INFORMATION CONTAINED
ON THIS SITE FOR DIAGNOSING,
TREATING, CURING OR
PREVENTING A HEALTH
PROBLEM OR PRESCRIBING
A MEDICATION. YOU
SHOULD CAREFULLY READ
ALL INFORMATION PROVIDED
BY THE MANUFACTURERS
OF THE PRODUCT ON
OR IN THE PRODUCT
PACKAGING AND LABELS
BEFORE USING ANY THE
PRODUCT. ALWAYS CONSULT
YOU OWN PHYSICIAN
FOR ADVICE AND TREATMENT.
Disclaimer.
ICANRX.COM PROVIDES
THE SITE AND THE INFORMATION
ON AN "AS IS,
WHERE IS AND AS AVAILABLE"
BASIS. TO THE FULLEST
EXTENT PERMITTED BY
LAW, ICANRX.COM DOES
NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES,
REPRESENTATIONS, ENDORSEMENTS
OR CONDITIONS WITH
RESPECT TO THE SITE
OR THE INFORMATION,
INCLUDING WITHOUT
LIMITATION, WARRANTIES
AS TO MERCHANTABILITY,
OPERATION, NON-INFRINGEMENT,
USEFULNESS, COMPLETENESS,
ACCURACY, CURRENTNESS,
RELIABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
FURTHER, ICANRX.COM
DOES NOT REPRESENT
OR WARRANT THAT THE
SITE WILL BE AVAILABLE
OR MEET YOUR REQUIREMENTS,
THAT ACCESS WILL BE
UNINTERRUPTED, THAT
THERE WILL BE NO DELAYS,
FAILURES, ERRORS OR
OMISSIONS OR LOSS
OF TRANSMITTED INFORMATION,
THAT NO VIRUSES OR
OTHER CONTAMINATING
OR DESTRUCTIVE PROPERTIES
WILL BE TRANSMITTED,
OR THAT NO DAMAGE
WILL OCCUR TO YOUR
COMPUTER SYSTEM. YOU
HAVE SOLE RESPONSIBILITY
FOR ADEQUATE PROTECTION
AND BACKUP OF DATA
AND/OR EQUIPMENT AND
TO TAKE ALL PRECAUTIONS
TO SCAN FOR COMPUTER
VIRUSES OR OTHER DESTRUCTIVE
PROPERTIES.
YOU ACKNOWLEDGE AND
AGREE THAT ICANRX.COM
DOES NOT ENDORSE THE
CONTENT OF ANY MEMBER
OR ANY SITE ACCESSED
VIA LINKS OR OTHER
MEANS FROM THE SITE
AND IT IS NOT RESPONSIBLE
OR LIABLE FOR SUCH
CONTENT EVEN THOUGH
IT MAY BE UNLAWFUL,
HARASSING, LIBELOUS,
PRIVACY INVADING,
ABUSIVE, THREATENING,
HARMFUL, OBSCENE,
OR OTHERWISE OBJECTIONABLE,
OR THAT IT INFRINGES
OR MAY INFRINGE THE
INTELLECTUAL PROPERTY
OR OTHER RIGHTS OF
ANOTHER PERSON.
EXCEPT WHERE PROHIBITED
BY LAW, UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE,
SHALL ICANRX.COM BE
LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL
OTHER DAMAGES, INCLUDING,
BUT NOT LIMITED TO,
LOSS OF DATA OR PROFIT,
ARISING OUT OF THE
USE, OR THE INABILITY
TO USE, THE SITE OR
THE INFORMATION, EVEN
IF ICANRX.COM HAS
BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES.
last updated: December 16th, 2003
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