Terms and Conditions of Use

If you access or use this web site (the "Site"), you accept and agree to be bound by and comply with the following terms and conditions (the "Terms"). If you do not accept these Terms, do not use the Site.

JURISDICTION

The Site (excluding linked sites, if any) is administered and controlled by CYBER MED LTD. and its affiliates, subsidiaries, officers, directors, employees or agents (collectively, "Access Canada Drug Mart") from its offices in the accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein, without Province of Manitoba, Canada. You agree that the Site will be governed by and construed in giving effect to any principles of conflicts of laws. You agree that all disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of Manitoba. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Manitoba to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site.

GENERAL

All products and services of Access Canada Drug Mart are subject to the terms and conditions of the applicable agreements governing their use or sale.

These Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site. In the event of any conflict, the terms provided in the pages of the Site will govern.

The information, material and content provided in the Site (the "Information") may be changed at any time without notice. Changes may be made to these Terms at any time without notice by updating this posting. You agree to review these Terms regularly and your continued access or use of the Site will mean that you agree to any changes.

LOCAL LAWS; EXPORT CONTROL

It is important to note that not all of the products, services and Information are available in all provinces or in jurisdictions outside Canada. The Information does not constitute an offer or solicitation to buy or sell any product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation.
The terms and conditions applicable to any product, service or information will be those determined at the time of provision of the product, service or information. Please be aware of the laws of your jurisdiction or that otherwise apply to you in relation to any of the matters described in these pages. If you choose to access the Site from outside of the Province of Manitoba or the Country of Canada, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws. You may not use or export or re-export the Information or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.

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.

DISCLAIMERS

Access Canada Drug Mart PROVIDES THE SITE AND THE INFORMATION ON AN "AS IS, WHERE IS AND AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Access Canada Drug Mart 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, Access Canada Drug Mart 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 Access Canada Drug Mart 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 Access Canada Drug Mart 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 Access Canada Drug Mart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TRADE-MARKS AND COPYRIGHT

Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Site are trade names or trade-marks owned by Access Canada Drug Mart, or trade names or trade-marks owned by third parties. The display of trade-marks and trade names on pages at the Site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying or modification of trade-marks and/or the contents of the Site may be a violation of any federal or other law that may apply to trade-marks and/or copyrights and could subject the copier to legal action.
The Information is protected under the copyright laws of Canada and other countries. Unless otherwise specified, no person has permission to copy, download, display, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the Information. Permission is granted to you to display, copy, distribute and download the Information for personal, non-commercial use only provided you do not modify the Information and that you retain all copyright and other proprietary notices contained in the Information. Notwithstanding the foregoing, nothing contained in this Site shall be construed as granting by implication or otherwise, any license or right to use or modify any trademarks of Access Canada Drug Mart or any third party, except with the express written permission of Access Canada Drug Mart or such other party that may own the applicable trademark. This permission terminates automatically if you breach any of these Terms. Upon termination of these Terms, you will immediately destroy any downloaded and printed materials. Any unauthorized use of any Information may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

INTERNET E-MAIL

Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. Access Canada Drug Mart is not responsible for and will not be liable to you or any one else for any damages in connection with an E-Mail sent by you to Access Canada Drug Mart or an E-Mail sent by Access Canada Drug Mart to you at your request.

NO ENDORSEMENTS

No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.

LINKS/SOFTWARE

Links from or to web sites outside the Site are meant for convenience only. Access Canada Drug Mart does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and Access Canada Drug Mart will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and Access Canada Drug Mart is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

YOUR TRANSMISSIONS

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-proprietary, and may be used by Access Canada Drug Mart for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

PRIVACY POLICY

By your consent to the collection and use of personal information as described in our privacy policy published on the Site. Access Canada Drug Mart reserves the right to amend its privacy policy from time to time by posting the updated policy on the Site. You agree to review the privacy policy each time you visit the Site.

INDEMNITY

You agree to protect and fully compensate Access Canada Drug Mart from any and all third-party claims, liability, damages, expenses and costs (including but not limited to reasonable legal fees) arising from your use of the Site and the Information, your violation of any of these Terms, your infringement of any intellectual property or other right of any person.

ENTIRE AGREEMENT

These Terms and any terms incorporated or referred to herein constitute the entire agreement between you and Access Canada Drug Mart relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Access Canada Drug Mart making such amendments or modifications in accordance with these Terms.

SEVERABILITY

These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Last updated: May 6, 2003

 

Terms of Sale

The following terms and conditions (the “Terms”) govern the sale by CYBER MED LTD. (carrying on business as “Access Canada Drug Mart”) ("Access Canada Drug Mart") to you (the “Customer”) of the products and services (the "Products") offered for sale by Access Canada Drug Mart. 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 Access Canada Drug Mart. Access Canada Drug Mart 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 Manitoba 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 Manitoba. The parties submit and attorn to the exclusive jurisdiction of the courts of the Province of Manitoba 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 Access Canada Drug Mart, the Customer consents to the collection and use of personal information as described in our privacy policy published on the Access Canada Drug Mart web site. Access Canada Drug Mart 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 Access Canada Drug Mart until accepted by Access Canada Drug Mart in writing. The prices for the Products shall be as set forth in Access Canada Drug Mart’s website as at the time of acceptance of an order by Access Canada Drug Mart. Prices for Products shall be subject to change without any further notice. Credit terms are within Access Canada Drug Mart's sole discretion, and unless otherwise specified in Access Canada Drug Mart's invoice, payment must be received by Access Canada Drug Mart prior to Access Canada Drug Mart's acceptance of an order. Payment for the Products will be made by a credit card accepted by Access Canada Drug Mart, wire transfer, bank draft, personal cheque or money order. Personal cheques are accepted. If credit terms have been agreed to by Access Canada Drug Mart, invoices are due and payable within thirty days after the date of the invoice. Customer agrees to pay interest on all amounts past due at a rate of 18 per cent per annum.

5. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Access Canada Drug Mart's invoice(s). The Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on Access Canada Drug Mart's net income. If applicable, a separate charge for taxes will be shown on Access Canada Drug Mart's invoice

6. Title. Title to Products passes from Access Canada Drug Mart to Customer at the time the Products leave Access Canada Drug Mart's Canadian pharmacy. Customer shall be responsible for all loss or damage to the Products that occurs during shipping. Ship dates are estimates only. Access Canada Drug Mart 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, Access Canada Drug Mart 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. Access Canada Drug Mart'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.

9. Exchanges. From time to time, Access Canada Drug Mart 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 Access Canada Drug Mart's exchange policies in effect on the date of the exchange.

10. Products. Access Canada Drug Mart may revise and discontinue Products at any time without prior notice.

11. Limitation of Liability. Access Canada Drug Mart 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, Access Canada Drug Mart 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 Access Canada Drug Mart 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 Access Canada Drug Mart. 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. Access Canada Drug Mart 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. Access Canada Drug Mart 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.

last updated: May 6, 2003