TERMS OF SERVICE
Last Updated: January 27th, 2020
This Terms of Service (“ToS”) is a binding legal contract between you (the “user”, “visitor”, “client”, “customer”, or “you”) and Medixly and its partners, associates, and affiliates (“we”, “us”, “our") in the use and operation of its Platform, mobile and desktop applications, and services (collectively “Platform”).
By using and accessing this Platform, you acknowledge that you have read, understood, accepted, and agreed to be bound by these terms.
Please note that these terms are subject to modification by us without any notice or notification to you. But we will reflect the modification through the “Last Updated” date above. By your use after the modification, you agree to be bound by the recent terms.
To use this Platform, you may be required to register. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
All Pharmacies, Pharmacists, or Health care professionals who are pharmacists (“Pharmacy”) on this platform are independent, regulated and registered personnel under the applicable professional standards, regulations, and laws of Canada. Therefore, the Pharmacy are solely responsible for the services provided to you. We are not a health care provider or a regulated health professional. We simply provide the platform for the Pharmacy to provide the related services to you from anywhere and at any time.
By using this Platform, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
We will maintain certain information that you transmit to us for the purpose of managing the performance of this Platform and transmission of such information provided to your chosen Pharmacy, as well as information relating to your use of this Platform. Although we perform regular routine backups of data, you are solely responsible for all transmitted personal information or any information that relates to any activity you have undertaken including all communications using this Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of your personal information.
Our Platform are for communication purposes with the pharmacy on medical and health-related matters. We process payments or process orders through third party providers. Kindly visit their websites and read their terms and conditions before payment or processing your order. You are responsible for all payments and harmonized sales taxes, and all other associated taxes. Separate charges for taxes will be shown on the payment invoice.
We shall provide you with area on this Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria:
We may accept, reject, or remove reviews or comments in our sole discretion. We have absolutely no obligation to screen reviews/comments or to delete reviews/comments, even if anyone considers reviews objectionable or inaccurate. Reviews or comments are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a comment, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
In no event will Medixly or its licensors, advertisers, or promoters be liable for any damages suffered by you, either directly or indirectly, as a result of the use or inability to use this Platform or its contents. However, because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
We may, in our sole discretion, suspend, cancel, restrict or terminate your Account and your use of our Platform, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Platform or our or any third party’s equipment or network is impaired by your use of the Platform, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Platform, or you have been or are in breach of any term or condition of these terms and conditions. We will have no responsibility to notify any third party, including any brand or company that provides products, services, merchandise or information, of any suspension, restriction or termination of your access to the Platform.
Medixly, and related words, logos, trade names, trademarks, or registered trademarks are the intellectual property rights of Medixly. The names of other companies, brands, products, or services referred, featured, and reviewed in this Platform may be the trademarks of their respective owners. Any unauthorized use of any other trade names or trademarks is prohibited.
The materials provided on this Platform including, without limitation, all portions of this Platform, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the Medixly materials remains with us and any unauthorized use of such materials is strictly prohibited. All rights reserved.
We reserve the right to take such steps as it deems necessary, including legal action, to enforce its rights under trademark and copyright law.
You understand and agree that:
You will defend, indemnify and hold us harmless from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your communication with the Pharmacy or to your use of this Platform, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these terms. Notwithstanding the foregoing, Medixly retains the right to participate in the defense of and settlement negotiations relating to any third-party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
These Terms set here applies to visitors, registered users, and third parties of this Platform. These terms may not be altered, supplemented, or amended by anyone without authorization from Medixly. Any attempt to alter, supplement or amend these terms shall be null and void. These Terms may be changed by us at any time, in our sole discretion without prior notice to you.
Medixly is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Your use of this Platform and its contents will be governed by the laws of the Province of British Columbia, the laws of Canada and any applicable laws where access and use of this Platform is not prohibited. In event of any disputes, the Courts in British Columbia will have non-exclusive jurisdiction over any legal disputes relating to this Platform.
You are strictly prohibited from using this Platform or any of Medixly’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Except as explicitly stated otherwise, any notices will be given to us by email firstname.lastname@example.org and to you to the email address you provide to Medixly during the sale or registration process. Notice will be deemed given twenty-four (24) hours after the email is sent.
Should you have any questions or concerns, or require assistance with the use of this Platform, please contact us at email@example.com.