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Terms of Service and Customer Agreement

Introduction

The following terms of service (the “Terms”) govern the products and services (the “Products”) offered by globalcarerx.com (“Global Care Rx”) to you (the “Customer”). By placing an order for Products, Customer agrees to be bound by and accepts these Terms.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the jurisdiction from which Products are shipped to Customer (unless Global Care Rx elects otherwise in its sole discretion), 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 subject to the jurisdiction of the courts in the jurisdiction from which Products are shipped to Customer (unless Global Care Rx elects otherwise in its sole discretion). The parties submit and attorn to the exclusive jurisdiction of said courts to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with these Terms.

Prior Notice

Global Care Rx may change these Terms at any time without prior notice.

Privacy Policy

By submitting an order for products and services from Global Care Rx, the Customer consents to the collection and use of personal information as described in our privacy policy as published on the Global Care Rx web site at www.globalcarerx.com/privacy-policy. Global Care Rx reserves the right to amend its privacy policy from time to time by posting the updated policy on its web site. Customer agrees to review the privacy policy each time Customer submits an order for products or services.

Orders, Prices, and Payment Terms

Orders are not binding upon Global Care Rx until accepted by Global Care Rx in writing, which shall occur when the order is transferred to the affiliated pharmacy or fulfillment center for the purpose of shipping the Product. The prices for the Products shall be as set forth on Global Care Rx’s website at the time of acceptance of an order by Global Care Rx. Payment must be received by Global Care Rx prior to Global Care Rx’s acceptance of an order. Global Care Rx reserves the right to charge $25 USD for electronic or physical checks that are returned as NSF. Prices for Products are subject to change without notice.

Lowest Price Guarantee

Global Care Rx guarantees the lowest price on our prescription products. We will match the total shopping cart price, including any shipping charges, offered by an approved competitor website as follows:

  • The competitor website must be an approved member of the Canadian International Pharmacy Association (CIPA).
  • The lowest price guarantee is only valid at the time of sale and for the current advertised competitor price.
  • The competitor product must be in stock and identical in terms of manufacturer, source country, pack size, strength, and quantity.
  • Shipping methods must be the same when making the comparison.
  • Competitor promotions, specials, and over-the-counter products are excluded.
  • Price matches will only be issued over the phone by our customer service agents.
  • Notwithstanding anything to the contrary on our website, our lowest price guarantee may not be exercised for certain products at our discretion.

Shipping Charges and Taxes

Separate charges for shipping and handling will be shown on a Global Care Rx invoice. Customer is responsible for goods and services tax, sales tax, and any other taxes or duties associated with the order. If applicable, a separate charge for taxes will be shown on the invoice.

Title

Title to Products passes to Customer at the time the Products leave Global Care Rx’s affiliated pharmacy or international fulfillment center. Ship dates are estimates only. Global Care Rx is not responsible for delays in shipment or failure to ship by the estimated ship date.

Shipping Guarantee

Global Care Rx offers a 42-day shipping guarantee. If Customer does not receive their shipment within 42 days of the date of shipping, Global Care Rx will send a replacement shipment. Global Care Rx reserves the right to amend the terms of this shipping guarantee without notice.

Cancellation, Exchange, Refund, and Return Policies

  • Global Care Rx reserves the right to not allow order cancellations once the order has been accepted by Global Care Rx.
  • Global Care Rx may, in its sole discretion, exchange or replace a Product in the event that Product is damaged during shipping.
  • Unopened Products up to a $500 value may be returned for a full refund when mailed by a national postal service within 30 days of receipt of the Products.
  • Opened products up to a $500 value may be returned for an account credit worth 50% of the value of the Products when mailed by a national postal service within 30 days of receipt of the Products.
  • Refund or credit will be granted only upon receipt of the returned Products to the appropriate address specified by Global Care Rx.
  • Original shipping fee, if applicable, and return mailing cost is not refundable or credited under this policy.
  • Orders for special order items are not refundable or credited under this policy.

Warranties

THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLOBAL CARE RX DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GLOBAL CARE RX’S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.

Products

Global Care Rx may discontinue or vary the Products it displays on its website or arranges the supply of at any time without prior notice.

Limitation of Liability

GLOBAL CARE RX 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, GLOBAL CARE RX 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.

Exports and Imports

The Customer acknowledges that the Products sold hereunder are subject to applicable export and import control laws and regulations.

Entire Agreement

Customer agrees that these Terms and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and Global Care Rx pertaining to the subject matter of these Terms, and supersede, terminate and otherwise render null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and Global Care Rx. In the event of a conflict between these Terms and any of the documents incorporated by reference or referred to herein, these Terms shall govern.

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.

Headings

The section headings used herein are for convenience of reference only and do not form a part of these Terms and no construction or inference shall be derived therefrom.

Force Majeure

Global Care Rx shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to back-orders of requested Products, mail delays, customs delays, and lost shipments. Global Care Rx shall not be responsible for notifying the Customer in the event of such delays. Customer shall be solely responsible for alternate arrangements to acquire alternate Products and any costs incurred in connection with such purchases.

Customer Agreement

www.globalcarerx.com (“Global Care Rx”) has established relationships with licensed pharmacies in Canada and licensed pharmacies or fulfillment centers in other countries, including but not limited to the United States, the United Kingdom, Australia, New Zealand, India and Mauritius, that have licensing requirements that are comparable to the ones in Canada. Global Care Rx will select, in consultation with you, the appropriate pharmacy to fill your prescription(s) based on product quality, availability and price.

Disclosure and Representations

I hereby represent and confirm to Global Care Rx, and each of its constituent entities, as well as to each of its affiliates, associates, related companies, subsidiaries and parent companies and each of its respective directors, officers, shareholders, employees, contractors, successors and assigns (all such persons are hereafter collectively referred to as “Global Care Rx”) that:

  1. I am delivering this Agreement to Global Care Rx because I wish to place an Order(s) with Global Care Rx for certain products which may include pharmaceuticals (the “Order”), on the terms and conditions set out herein;
  2. Any 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 Pharmaceutical(s), as the person for whom such Pharmaceutical(s) were prescribed;
  5. I can lawfully 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 Global Care Rx;
  7. I am not seeking or relying on any medical information from Global Care Rx 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 (if U.S. based) or primary locally 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 Global Care Rx and its employees have relied on the information and documentation that I am providing (including the Order, the Prescription and the Patient Information Form) and I represent and confirm that I have fully and accurately disclosed all pertinent information and documentation to Global Care Rx. I agree to notify Global Care Rx of any changes to my physical or medical condition by providing an updated Patient Information Form.

Authorization and Consent

  1. The authorizations and consents that I am providing herein to Global Care Rx 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 Global Care Rx of my intentions in that regard.
  2. I hereby authorize Global Care Rx to take all steps and sign all documents on my behalf to obtain a prescription in the country where the dispensing pharmacy/fulfillment center is located that is the equivalent of the prescription that I sent to Global Care Rx (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 Global Care Rx, its employees, affiliates and service providers, including without limitation the physician licensed in the country where the dispensing pharmacy is located and any pharmacist for the limited purpose of obtaining the Equivalent Prescription and filling my Order.
  3. Without limiting anything else herein, I hereby provide Global Care Rx with my consent and the authority to share my personal health information with any physician in the Country where my pharmaceuticals will be dispensed from and to obtain my medical history, drug history, contact information and other necessary documentation from my U.S. physician if U.S. based or my local physician. I further consent to the physician in the Country where my pharmaceuticals will be dispensed from and my U.S. physician (or local physician if located outside of the U.S.) 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 physician in the Country where the pharmaceuticals will be dispensed 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 or local physician if located outside of the U.S. and to promptly advise Global Care Rx of any change to my medical condition or prescriptions.
  4. I hereby specifically acknowledge that I am aware that Global Care Rx will be transmitting my personal health information by electronic means (for example fax, secure internet) to its employees, affiliates and third-party service providers including the physician in the Country where the pharmaceuticals will be dispensed. I understand that the use of electronic means will enhance the efficiency and timeliness of processing my Order. I also understand that Global Care Rx, 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 Global Care Rx’s transmission of my personal health information by electronic means.
  5. I authorize Global Care Rx and any third-party pharmacy/fulfillment center contracted by Global Care Rx to fill my Order, to take all steps on my behalf necessary to package or repackage my Pharmaceutical(s) and to deliver them to a designated postal authority located outside of the United States to be delivered to me, to the same extent as I could do if I were personally present and taking those steps myself.
  6. I understand that Global Care Rx shall take all steps necessary to arrange for the shipping of my Pharmaceutical(s) to me.
    • I acknowledge and agree that I initiated a consultation with Global Care Rx.
    • The third-party dispensing pharmacy/fulfillment centers contracted by Global Care Rx are located in Canada, the United States, the United Kingdom, Australia, New Zealand, India and Mauritius, or other countries selected by Global Care Rx from time to time.
    • All professional services that I received from any physicians or pharmacists licensed in Canada or other countries, as the case may be, are being received in those jurisdictions of their licensure.

Purchase and Sale Terms

  1. Global Care Rx will bill me and debit the relevant payment method (my credit card, bank account, payment draft or other payment method) the following amounts – the pharmaceutical price, shipping charges and any other fees or surcharges (in U.S. dollars) as posted on the Global Care Rx website prior to shipping my Order. I further understand and agree that in addition to the pharmaceutical price, shipping charges, fees/surcharges, my Order may also be subject to certain import-related tariffs currently being imposed by the United States and I agree that it is my sole responsibility to pay any and all tariffs and any related service fees associated with collecting the tariffs that form part of my Order.
  2. The Pharmaceutical(s) will not be packaged in child protective packaging, unless otherwise requested by me on the Patient Information Form.
  3. Once purchased and shipped, no pharmaceutical product may be returned or exchanged.
  4. Title to my prescribed medications and the risk of loss passes from Global Care Rx to me when the Pharmaceutical(s) comprising my Order are received by the designated postal authority located in a jurisdiction outside of the United States for shipment to me.
  5. Global Care Rx 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.
  6. Global Care Rx does not provide its services as a substitute for healthcare or the advice of the customer’s primary care physician.
  7. Unless specified otherwise herein, Global Care Rx will not exchange medication or return any monies paid once an Order is filled, unless the Pharmaceutical(s) provided to me by the dispensing pharmacy/fulfillment center does not correspond with my prescription.
  8. It is agreed that the relationship among Global Care Rx, the pharmacy/fulfillment center dispensing my Order and me as the Customer is that of independent contractors and there is no agency, partnership or other relationship among any of the parties.
  9. I specifically acknowledge and agree that each and every one of these terms and conditions will automatically and without further action by me or Global Care Rx, apply to and govern any future orders by me of Pharmaceutical(s) from Global Care Rx unless I specifically indicate otherwise at the time of ordering such Pharmaceutical(s) and such amendment is accepted by Global Care Rx in writing. 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.

Governing Law

  1. 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:
    • in respect of any pharmaceuticals that were dispensed in Canada, accordingly shall be governed by the laws of the Province of Manitoba and the laws of Canada applicable to such contracts and agreements; and
    • in respect of any pharmaceuticals that are dispensed in a country other than Canada, the governing law shall be the laws of the jurisdiction from where the Order was shipped applicable to such contracts and agreements.
  2. I specifically acknowledge and agree that any dispute that arises between me and Global Care Rx or any of the dispensing pharmacies that fill my Order shall:
    • insofar as such dispute relates to Global Care Rx or any pharmacy that has filled my Order, be governed by the laws of the Province of Manitoba and the laws of Canada applicable to contracts formed in Manitoba; and
    • insofar as such dispute relates to any dispensing activity that took place outside of Canada, such dispute shall be governed by the laws of the jurisdiction from where the Order was shipped applicable to such dispute;
    • it is understood and agreed that all disputes of any kind shall be exclusively resolved through binding arbitration pursuant to the ADR Institute of Canada Rules.

I HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT AND AGREE, ON BEHALF OF MYSELF, MY HEIRS, SUCCESSORS, ADMINISTRATORS, AND ASSIGNS TO BE BOUND BY THESE TERMS AND CONDITIONS

OR

I AM THE PARENT/LEGAL GUARDIAN/POWER OF ATTORNEY FOR THE CUSTOMER DISCLOSED HEREIN, AM OVER THE AGE OF MAJORITY, AND HAVE FULL AUTHORITY TO SIGN FOR AND PROVIDE THE ABOVE REPRESENTATIONS TO GLOBAL CARE RX ON THE CUSTOMER’S BEHALF.