CUSTOMER AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH AFFECT YOUR LEGAL RIGHTS AND REMEDIES.
• Parties. This Agreement is between you and Finlandia Pharmacy, d.b.a FinlandiaPharamacyOnline.com (“FPO”). When we refer to “us”, “we” or “our” in this Agreement, we are referring to FPO.
• Our Services. FPO allows you to purchase medication and related products through our website, which is currently located at www.FinlandiaPharmacyOnline.com (the “Website”). We refer to these services as the “Services”.
• Excluded Services. FPO does not provide any medical services or advice whatsoever. You agree that you are not relying on FPO for any medical services or advice.
• Your Representations, Warranties and Obligations. You represent, warrant and agree that:
• you will not order any prescription drugs from FPO unless:
• you were physically examined within the previous year by a registered physician who was (on the date of the examination) licensed in your jurisdiction (the “Physician”),
• the Physician lawfully issued you a prescription for the drugs (the “Prescription”) on the date of the examination; and
• the Prescription is valid, has not expired, has not been altered, has not already been filled, was issued within the time periods required by the laws of your jurisdiction, and exactly matches the specifications of the drugs you are ordering;
• you will:
• only use the medication you purchase from us (the “Medication”) in accordance with the manufacturer's instructions;
• immediately stop using the drugs and contact your Physician if you experience any side effects;
• if the Medication requires a prescription:
• only use the Medication in accordance with the Prescription and under the direct care of the Physician;
• only use the Medication for your personal use;
• not re-sell the Medication or share the Medication with any third party; and
• immediately destroy all copies of the Prescription once it has been filled.
• all information you have provided (and will provide) to FPO is (and will be) current, complete, and accurate and truthful;
• you will use the Services in a manner consistent with all applicable laws and regulations;
• you will not impersonate anyone or falsely represent an affiliation with any person or entity;
• you will not attempt to disrupt or interfere with the functioning of the Services; and
• you have full legal authority to use the Services.
• Updated Information. You must immediately notify us if any of the information you have provided to us is or becomes inaccurate or incorrect.
• Security. You must maintain the confidentiality and security of your username and password. You are solely responsible for all activities conducted under your user-name.
• Prices, Quantity or Typographical Errors. All prices are in U.S. dollars and are subject to change without prior notice. FPO reserves the right to limit the quantities of your orders. Pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information, FPO reserves the right to refuse or cancel any orders placed for that item. Prices and availability are subject to change without notice.
• No Refunds. We will not provide any refunds after your order has been shipped.
• Privacy Policies. FPO respects your personal privacy. You can view our privacy policies from our home page.
• Consent to Collection of Personal Information. You acknowledge that FPO and its pharmacists and physicians will collect personal information about you (your “ Personal Information ”), including your name, contact information, birth date, gender, numerical identifiers (e.g. medical insurance numbers), medical and health information (including the Prescription), personal preferences and credit card numbers. This information may be collected directly from you or from your Physician.
You acknowledge that FPO and its pharmacists, physicians and representatives may use the Personal Information for the following purposes:
• to customize the advertising and content that is presented to you on the Website,
• to process and deliver orders you place on the Website,
• to process your payment,
• to contact you regarding your orders or to provide you with future information about our services, and
• to contact your Physician and verify the Prescription.
You acknowledge that FPO will disclose your Personal Information electronically or in writing to its physicians and pharmacists, your Physician, FPO's payment and delivery service providers and the purposes described in the above paragraph. FPO will not provide this information to any additional parties without your consent.
YOU HEREBY CONSENT TO FPO AND ITS PHYSICIANS AND PHARMACISTS COLLECTING, USING AND DISCLOSING YOUR Personal Information IN THE MANNER DESCRIBED ABOVE. YOU ALSO CONSENT TO YOUR Physician DISCLOSING YOUR Personal Information AS DESCRIBED ABOVE.
• WEBSITE RISKS. THE WEBSITE, ITS DESIGN, AND ALL INFORMATION, IMAGES, ARTWORK, TEXT, VIDEO, AUDIO, PICTURES AND OTHER MATERIALS ON THIS WEBSITE (COLLECTIVELY, THE “Content”) ARE PROVIDED “AS IS”. THE Content IS BELIEVED TO BE ACCURATE WHEN IT WAS POSTED ON THIS SITE. HOWEVER, FPO DOES NOT REPRESENT OR WARRANT THAT THE Content IS ACCURATE, COMPLETE OR CURRENT.
• MEDICATION RISKS. THERE ARE RISKS INVOLVED WITH THE USE OF VARIOUS MEDICATIONS, INCLUDING SERIOUS ILLNESS AND DEATH. FPO DOES NOT ACCEPT RESPONSIBILITY FOR ANY OF THESE RISKS, NOR DOES FPO ACCEPT ANY RESPONSIBILITY FOR DETERMINING WHETHER ANY PARTICULAR MEDICATION IS SAFE OR SUITABLE FOR YOU. YOU FULLY AND SOLELY ACCEPT THESE RISKS AND RESPONSIBILITIES.
• CONDITIONS OF USE: THE NATURAL MEDICINE INFORMATION PROVIDED ON FPO IS INTENDED FOR INFORMATION PURPOSES ONLY. YOU SHOULD CONSULT YOUR HEALTHCARE PROFESSIONAL BEFORE TAKING ANY OF THE PRODUCTS REFERRED TO HEREIN, CHANGING YOUR DIET OR DISCONTINUING ANY COURSE OF TREATMENT.
• RELEASE. YOU RELEASE FPO AND ITS PHARMACISTS (AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES) AND ITS PHYSICIANS FROM ALL CLAIMS, ACTIONS, LIABILITIES AND DAMAGES OF EVERY KIND AND NATURE RELATING TO ANY RISKS AND RESPONSIBILITIES DESCRIBED IN SECTIONS 12 AND 13 ABOVE.
• DISCLAIMERS. FPO DISCLAIMS AND WILL NOT BE BOUND BY ANY WARRANTIES, CONDITIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED BY LAW OR CUSTOM, WITH RESPECT TO THE Services, THE Website, THE Content OR THE MEDICATIONS AND OTHER PRODUCTS SUPPLIED BY FPO , INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• LIMITATION OF LIABILITY. FPO AND ITS PHARMACISTS (AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES) AND ITS PHYSICIANS WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE ARISING DIRECTLY OR INDIRECTLY FROM USE OF THIS WEBSITE, ITS Content, THE MEDICATIONS SUPPLIED BY FPO OR OUR SERVICES. IN JURISDICTIONS THAT DO NOT PERMIT EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FPO'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
• MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF FPO AND ITS PHARMACISTS (AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES) AND ITS PHYSICIANS FOR ALL DAMAGES RELATED TO THE Services OR OTHERWISE UNDER THIS AGREEMENT WILL BE LIMITED IN THE AGGREGATE TO THE TOTAL OF THE AMOUNTS YOU PAID TO FPO UNDER THIS AGREEMENT .
• INDEMNITY. YOU WILL INDEMNIFY AND HOLD FPO HARMLESS FROM AND AGAINST ALL CLAIMS, FINES, TAXES, DAMAGES, EXPENSES, COSTS (INCLUDING ACTUAL LAWYERS' FEES) INCURRED BY OR CLAIMED AGAINST FPO OR ITS PHARMACISTS OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR REPRESENTATIVERS OR ITS PHYSICIANS FOR ANY REASON RELATING DIRECTLY OR INDIRECTLY TO YOUR BREACH OF ANY OBLIGATIONS IN THIS AGREEMENT OR THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES IN THIS AGREEMENT.
• Copyright. The Website and the Content are protected by copyright laws. You may download the Content for your personal, non-commercial viewing, but you may not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify or create derivative works from the Content without FPO's prior written approval.
• Trade-marks. FINLANDIAPHARMACYONLINE™ and the FINLANDIAPHARMACYONLINE™ logo and all other trade-marks and trade names of FPO appearing on the Website are owned by FPO. You must not use any of these marks in association with any product or service, in any manner that is likely to cause confusion, or in any manner that disparages or discredits FPO.
• Linking. The sites that are linked from our Website are not under our control, and FPO does not assume any responsibility or liability for any communications or materials available at those linked sites. All links are provided for your convenience only; they are not an endorsement or referral by FPO. If you wish to provide a link to our Website from your website, you may only link to our home page at www.FinlandiaPharmacyOnline.com. You may not use any of FPO's icons on your website without the express written consent of FPO, and you may not use the link to suggest that FPO sponsors, endorses, approves of or is affiliated to your website.
• Governing Law/Courts. This Agreement will be interpreted according to the laws in force in British Columbia, Canada, and the parties hereby attorn to the exclusive jurisdiction of the courts of British Columbia. YOU AGREE THAT YOU WILL NOT INITIATE OR PARTICIPATE IN ANY LAWSUIT OR OTHER LEGAL ACTION OR PROCEEDING AGAINST FPO OR ITS PHARMACISTS OR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR OTHER REPRESENTATIVES OR ITS PHYSICIANS IN ANY COURT OTHER THAN THE COURTS OF BRITISH COLUMBIA, CANADA. You agree that FPO may enforce a final British Columbia judgment in any other jurisdiction by initiating an action or proceeding in that jurisdiction based on the British Columbia judgment or by taking any other steps permitted by law.
• Notices. You consent to receiving notices from FPO by email (using the email address you provide to FPO from time-to-time through the Website) or through postings on the Website. You agree that all notices provided in this way satisfy any legal requirement that such notices be given in writing. You will send all notices to FPO via email to admin@FinlandiaPharmacyOnline.com, or to such other addresses or numbers as required by any further notice from FPO.
• Changes. The terms and conditions of your future orders with FPO may vary from the terms and conditions of this Agreement. Please ensure you thoroughly read the terms and conditions in effect at the time you place your order with FPO.
• General. No waiver of any breach of any term or condition of this Agreement will be construed to waive any subsequent breach of the same or any term or condition of this Agreement. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. This Agreement forms the complete agreement between the parties and will not be interpreted by reference to any previous document or agreement, either oral or written, unless specific provision is herein made to the contrary. You may not assign or sublicense any of your rights under this Agreement without our written consent, which may be withheld for any reason or without reason. We may assign and sublicense all or any of our rights under this Agreement as we see fit. Headings have been inserted into this Agreement for convenience only and will not be used to interpret this Agreement. You will execute and deliver to us any additional instruments and take any additional steps that may be required to give full effect to the intent expressed in this Agreement. This Agreement will bind and ensure to the parties hereto and their respective lawful successors and permitted assigns.