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By accessing or using the website operated at MedaKi.ca and such other locations as made available from time to time (collectively, the “Website”) and the services offered through the Website, you (“you” and, together with all persons accessing or using the Website, collectively, the “Users”) signify that you have read, understand and agree to be bound by these Terms of Service with MedaKi Pharma Incorporated (hereafter, “MedaKi”), in all respects with respect to the Website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
Thank you for using MedaKi! These Terms of Service (“Terms”) govern your use of the MedaKi services, including MedaKi’s website, MedaKi’s mobile applications, and any websites (or portions thereof) or mobile applications that are operated by MedaKi (collectively, the “Services”), and are entered into by you and MedaKi Health Limited, a Canadian corporation (“MedaKi”).
The Services comprise a platform that connect you with an independent licensed pharmacist (“Pharmacist”) for consultation, therapeutic assessment, health advice, and prescription assessment. Prescriptions are dispensed, along with other goods, by partner pharmacies (“Pharmacy”) to your location or, if available, for you to pick up in-store. Delivery services may be performed by MedaKi, or by third parties including partner Pharmacies or a third party logistics provider (collectively, “Third Party Providers”).
When you use the Services to place an order for products, you authorize the purchase and delivery of those products from the Pharmacy you select and authorize. Unless otherwise specified, you acknowledge and agree that MedaKi is acting as your agents in the picking, packing, and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the Pharmacy indicated on the MedaKi webpage, that the Pharmacy is the merchant of record. You agree that MedaKi or the applicable retailer will obtain a credit card authorization for your credit card on file with MedaKi to cover the cost of the goods you have purchased from the product supplier and any separate MedaKi fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and MedaKi, MedaKi does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions offers, and availability. MedaKi reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged). Please note that prices of products on the Services may be different than prices offered for the same products in-store by the same retailer.
Your Use of the Services
MedaKi grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and MedaKi’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have MedaKi’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that MedaKi provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.
Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant MedaKi a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, display, perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. MedaKi may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, MedaKi will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
If you are using MedaKi on behalf of another entity, you represent and warrant that you have the necessary authority to bind that entity to these Terms and that you are agreeing to these Terms on behalf of that entity.
In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Pharmacists and individuals who support MedaKi’s Help Center. MedaKi reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
We’re constantly modifying and improving the Services. MedaKi may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide MedaKi with any feedback on or comments regarding the Services, you grant MedaKi the right to use such feedback or comments for any purpose without restriction or payment to you.
By creating a MedaKi user account, you agree to accept and receive communications from MedaKi or Pharmacists, including via email, text message, calls, and push notifications to the cellular telephone number you provided to MedaKi. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of MedaKi, its affiliated companies and/or Pharmacists, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings. You may also opt-out of receiving text messages from MedaKi by replying “STOP” from the mobile device receiving the messages.
If you use the Services to order a prescription drug product (where available), you understand and agree that customer inquiries must be conducted via telephone. You also understand and agree that a third party pharmacy and/or MedaKi may send you unencrypted SMS messages, push notifications or other electronic notifications relating to prescription drug products that you order through the Services. There is some level of risk that information in such communications could be read by an unintended third party. By using the Services to order a prescription drug product, you explicitly disclaim any liability against MedaKi for any harm or damage arising out of or in connection with any SMS messages, push notifications and/or other electronic notifications.
Delivery of Prescription and non-Prescription Drug Products
The delivery of any prescription or non-prescription drug products is available in certain geographic areas through MedaKi. You agree that MedaKi is not a pharmacy. You also agree that you are solely responsible for the selection of the drug product and the prescription. MedaKi makes no warranties regarding the quality of the prescription drug products or the services provided by the Pharmacy. If you have any issues with the processing of your prescription, you should contact the Pharmacists or Pharmacy directly.
You agree that, upon delivery of any drug products, the recipient will provide valid government-issued identification proving their age to MedaKi or Third Party Providers delivering the prescription drug products, that the recipient will indicate their relationship to you (if the recipient is not you), and that any drug product delivered through the Services has not been purchased with the intent to resell the prescription drug product or provide the prescription drug product to someone other than to whom it is prescribed.
You also agree that MedaKi does not provide any medical advice, diagnosis or treatment, and that that no pharmacy-patient relationship nor physician- patient relationship exists between MedaKi and you as a result of your use of the Services. We encourage you to consult with your healthcare professional or Pharmacist regarding all health-related issues.
By using the MedaKi platform to have a prescription drug product delivered for a child or other member of your household, you represent and warrant that it is your intention not to consume or use the medication but instead to transfer the medication to the ultimate consumer or user for his or her consumption.
IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
Third-party Products and Content
You agree that MedaKi does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that MedaKi will have no liability based on such purchase, use, or access.
SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MedaKi DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MedaKi MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY PHARMACISTS OR THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MedaKi DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PHARMACISTS, THIRD PARTY PROVIDERS, PRODUCT SUPPLIER OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PHARMACISTS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER MedaKi NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PHARMACIST OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY PHARMACIST OR THIRD PARTY PROVIDER. NEITHER MedaKi NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PHARMACIST OR THIRD PARTY PROVIDER.
If you have a dispute with a Pharmacist or Third Party Provider, you agree to release MedaKi (including MedaKi’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
LIMITATION OF LIABILITY
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.IN NO EVENT SHALL MedaKi (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF MedaKi OR MedaKi ’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MedaKi (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF MedaKi OR MedaKi ’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MedaKi , ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO MedaKi FOR THE PAST 12 MONTHS OF THE SERVICES.
You agree to defend, indemnify and hold harmless MedaKi and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation legal and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with MedaKi, shall constitute the entire agreement between you and MedaKi with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
MedaKi’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. MedaKi may assign its rights, licenses, and obligations under these Terms without limitation.
Changes to the Terms
We may make changes to these Terms from time to time. When MedaKi does so, MedaKi will post the most current version of the Terms on MedaKi’s website and, if a revision to the Terms is material, MedaKi will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
MedaKi will not be responsible for a failure to fulfill its obligations under these Terms and Conditions or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
This Term of Service Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable therein.
This Agreement shall be exclusively governed by, construed, interpreted and enforced in accordance with the laws of the Province of Ontario, Canada and the parties hereby submit to the exclusive jurisdiction of the courts of the City of Toronto, Province of Ontario, Canada.
If you have any questions, or comments about these Terms please contact MedaKi via email: contact@MedaKi.ca
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