conditions of use
PLEASE READ THE FOLLOWING CAREFULLY.
BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.
The following Terms and Conditions of Use and end-user license agreement (the “Terms and Conditions of Use”) describe the terms and conditions applicable to your use of our services available under the domain of https://www.ReadyMeds.ca, its related webpages and sites (including, without limitation, any mobile optimization website) (collectively, the “Site”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained herein. The Terms and Conditions of Use constitute an agreement between you (collectively, “user,” “you” or “your”) and ReadyMeds.ca Inc., the dispensing pharmacy (as indicated below) and their affiliates and subsidiaries (collectively, “ReadyMeds,” “our,” “us” or “we”). These Terms and Conditions of Use govern your use of and access to the Site, Content and/or Services (defined below) and are a legally binding agreement between you and ReadyMeds. We strongly recommend that you also access and read the other pages and Websites referred to in this document, as they may contain further terms and conditions that apply to you as a ReadyMeds user.
We may amend this Agreement at any time by posting the amended terms on the Site. This Agreement may not be otherwise amended except in writing signed by you and ReadyMeds. It is your responsibility to ensure that you are aware of the current Terms and Conditions of Use when you access or use the Site, Content or Services. If you continue to access or use any of the Site, Content or Services after any revisions to these Terms and Conditions of Use are posted, you will be deemed to have accepted those revisions.
This site is owned and operated by ReadyMeds.ca Inc. (“ReadyMeds”), a company incorporated federally under the Canada Business Corporations Act. ReadyMeds reserves the right, at any time, to modify, alter, or update these Terms and Conditions of Use, and you agree to be bound by such modifications, alterations or updates.
For the purposes of these Terms and Conditions of Use:
“Content” means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, tasks, activities, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.
“Minor” means a person under the age of majority in the Manitoba.
“Services” means all services made available by ReadyMeds, including but not limited to services accessed through the Content or the Site.
Changes to ReadyMeds
ReadyMeds reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:
- modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Content or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms;
- make changes to any fees or charges, if any, related to your use of the Site, Content or Services;
- make changes to the equipment, hardware or software required to use and access the Site, Content or Services; and
- interrupt the Site, Content or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.
Updates and Discontinuance of Site or Services
You acknowledge and agree that ReadyMeds may update, modify, or discontinue any aspect of the Site or Services without your consent or approval and with or without prior, or any, notice to you, and that these Terms and Conditions of Use apply to those updates and modifications. We do not have any obligation to provide updates or modifications or to continue to provide particular Services.
ReadyMeds reserves the right, at any time and without notice or liability to you, to update, modify or reset certain parameters of the Site or Services any of which may impact your use of the Site and/or Services.
Laws and Regulations
Your access to and use of the Site, Content or Services is subject to all applicable international, federal, provincial, state and local laws and regulations.
USE OF SERVICES AND YOUR ACCOUNT
Your Account and Security
You are responsible for protecting the confidentiality of your Login Information, and for restricting access to your computer, mobile device or media system platform, and you agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account(s) or Login Information or to allow any other person to access to your Account(s). You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Login Information or your Account(s), or any other security breach involving your Account(s) or the Site or Services at Pharmacist@ReadyMeds.ca. We are not responsible for any unauthorized access of your Account(s) or Login Information even if you have advised us of such. You are responsible for all activities that occur under your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you. ReadyMeds has implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
Accessing Your Account(s)
Each time that you log into and access an Account, you represent and warrant that:
- you are the person who registered the Account;
- all of the personal information registered in connection with the Account is current, complete and accurate;
- you are accessing the Site and using the Services solely for lawful purposes and in strict compliance with these Terms and Conditions of Use;
- you are accessing the Site or Services solely for your own personal, non-commercial purposes;
- you are not, and are not acting on behalf of, any competitor or prospective competitor of ReadyMeds or its affiliates or subsidiaries;
- you are not accessing the Site or Services for the purposes of any dispute or litigation involving ReadyMeds; and
- you are not accessing the Site or Services for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose.
Service Monitoring and Suspension
ReadyMeds may monitor, terminate or suspend your Account or our Services at any time.
ReadyMeds may immediately, and without prior notice, terminate your ability to access each or both of the Site or Services or portions thereof for any reason including, without limitation: (i) if you violate or otherwise fail to strictly comply with any term or provision of these Terms and Conditions of Use; (ii) if we have determined that your use has created or potentially created risk or legal exposure for ReadyMeds; or (iii) in response to requests by law enforcement or other government agencies. Upon termination of your access to the Site or Services or portions thereof for any reason, you must cease use of your Account(s), cease accessing the Site and Services and promptly destroy all electronic and other copies of all Content, including all related documentation.
You acknowledge and agree that any termination or suspension of your Account may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination or suspension of your Account or your access to the Site or Services.
Following any suspension of Services or termination of your Account, upon request, ReadyMeds will transfer your prescription to a pharmacy licensed in Canada of your choosing if the drug does not contain a controlled substance, and the transfer occurs between a registrant and another registrant or an equivalent of a registrant in another Canadian jurisdiction.
Consent to Receive Electronic and Telephone Communications
You consent to receive telephone communications from ReadyMeds and electronic communications either in the form of email, SMS or other forms of electronic messages sent to you at the addresses and accounts listed on your Account or by communications posted on or notifications through the Site (collectively, “Electronic Communications”). You acknowledge and agree that any Electronic Communication shall satisfy any legal requirement that such communication or notification be in writing.
Upon registering an Account, you may receive Electronic Communications regarding the operations of our Services. You cannot opt out of receiving these communications while you continue to use our Services. You may also receive promotional Electronic Communications while you use our Services. You can opt out of these Electronic Communications at any time by using the unsubscribe feature located in the footer of such Electronic Communications, where applicable, or by managing your Account settings accordingly. You cannot opt out of Electronic Communications in the form of general notices on the Site to all users.
Text and Mobile Messaging Consents
Without limiting the generality of the foregoing, by using the Site and the Services you agree that we may communicate with you regarding our Site or Services or respond to your communications to us through the Services by Electronic Communications, including SMS, MMS, text message or other electronic means. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
DELIVERY & SHIPPING POLICY
ReadyMeds ships medications in secure packaging to everywhere in Manitoba.
Once your order has been filled, our couriers will deliver same day within Winnipeg and surrounding areas. If delivering outside of Winnipeg and surrounding areas, your package will be shipped with Canada Post. Delivery time will depend on Canada Post’s standard shipping times. You will be provided a tracking number to monitor your package’s location and expected delivery date.
We will ship your medication in discreet packaging to protect your privacy and use tamper evident seals for security. If you experience delays, please call us right away. If your package arrives damaged or with broken seals, let us know the tracking number provided with your package and we will replace it right away.
If you do not receive your medication and your package cannot be located using the tracking number provided, contact our office and we will re-ship the medication to you free of charge.
ReadyMeds provides free delivery for all regular shipments. If you need any emergency medication, we can ship it to you overnight; however, please be aware that an additional overnight charge may be applied.
Use the Site to schedule your delivery for whatever location is most convenient for you, including at home or work. Not all employers allow you to receive personal packages at work. If your employer does not allow you to receive personal packages at work, please update your shipping address on your Account or call us to update your Account information.
If shipping outside of Winnipeg, Canada Post offers Flex Delivery™—a unique service that allows you to have packages delivered to any post office, free of charge. To learn more or sign up for this service, visit canadapost.ca/flexdelivery.
All deliveries require a signature. If your parcel is shipped with Canada Post but no one is available to sign for the parcel, a Delivery Notice Card will be left in the mailbox indicating the closest Canada Post location to pick up your parcel.
To pick up your medication package from the post office, you must present a valid piece of government-issued photo identification that indicates the same address as on the package.
If someone else is picking up your medication package on your behalf, they must bring one of the following:
- A valid piece of government-issued photo identification showing they live at the same address as you, or
- The delivery notice card signed by you showing you give them permission to pick up your package, or
- A legal document that demonstrates the person has authority to act on your behalf, such as power of attorney, appointment as trustee or a letter of authorization.
Your package will be held at the post office for a maximum of 15 days, after which it will be returned to us. Please let us know if you are unable to pick up your package within the window of time indicated by Canada Post and we can coordinate the best location for your package to be delivered.
If you are unable to retrieve your package from the post office and are concerned your medication might expire, call us and we’ll be happy to assist you. If you are receiving items that need to be refrigerated, like insulin, we will ship them to you in specialized coolers and coordinate delivery with you ahead of time to make sure your medication is not left sitting for more than 2 business days.
If you change your shipping address, please update your contact information and address right away by logging on to our website. You can also call or email our office.
ReadyMeds will contact you if your medication is on manufacturer backorder and work with you to make sure you are still getting the medication you need. We will still ship you any other medications you ordered that are not affected by any such backorder.
DRUG DISPENSING REQUIREMENT POLICIES
You must have a valid prescription from a physician licensed to practice medicine and prescribe medications in Manitoba. Please note that only your doctor can fax a prescription to ReadyMeds; pharmacy regulations stipulate that a pharmacy can accept a faxed prescription only from a physician’s office.
ReadyMeds accepts prescriptions transferred from your old pharmacy. If you provide us with the name and contact information of your old pharmacy, as well as the names of the medications you filled there, we will coordinate the transfer for you.
ReadyMeds also accepts prescriptions sent to our office by mail. To save time, you can upload a picture of your prescription and submit it directly to us. We will send you a prepaid, priority envelope to mail us your prescription, since we cannot ship your medication without a physical copy of your prescription. We use the picture to sort and package your medication ahead of time so your medication is ready to ship as soon as we receive your prescription in the mail.
If your prescription changes, have your doctor fax it directly to ReadyMeds, and we will update your file.
ReadyMeds fills prescriptions by the dose in PACMED Strip packaging. You can order up to 70 days’ worth of your prescription medication, which can be refilled in 35-day or 70-day increments until you reach the end of your prescription. Your PACMED Strip packaging will also contain an equivalent days’ worth of any over-the-counter medications you have ordered, like vitamins and supplements. We provide other pharmacy items, like diabetic supplies, in 3-month increments or as-needed basis.
ReadyMeds will not ship any pharmaceutical product to you that does not have Health Canada Approval.
Before any prescription is released for shipping, a ReadyMeds pharmacist will be in contact with you to discuss your medication for counselling, based on the time you specify in your profile when you sign up. If you have a clinical question, you can privately consult with a pharmacist at any time by calling in, emailing, or using the in-app chat feature. If you have clinical questions about your medication, pharmacists are on call from Monday to Friday, 9:00 am to 6:00 pm, CST.
Requests for and Transfers of Prescriptions
Upon registering an Account and adding your Payment Method (as described below), you give ReadyMeds your consent to transfer your prescriptions from your existing pharmacy(s) and/or contact your prescriber(s) regarding your prescriptions.
ReadyMeds will not accept the return for use or re-use of any portion of any drug or non-prescription medication. ReadyMeds does not accept returned medication, needles, syringes or lancets. Read more about proper disposal under “Medication Disposal.”
Like most pharmacies, ReadyMeds dispenses generic medication when appropriate and permitted by the prescribing doctor. Generic medications are just as safe and effective as brand-name medications. All prescription drugs are reviewed by Health Canada against federal guidelines and as such, the generic drug must include the same amount of medicinal ingredients as branded drugs. Although the non-medicinal ingredients may differ, the generic drug manufacturer must perform studies showing that the non-medicinal ingredients do not change the drug’s safety, quality or effectiveness.
When ReadyMeds fills your medications, we keep your best interests at heart and look for alternative medications that provide you with the lowest cost without compromising your health. For example, price reductions are often seen through therapeutic substitution, which can mean switching one medication for a chemically or therapeutically equivalent drug that can provide the same health benefits.
A chemically equivalent drug is a generic medication made up of the same active chemicals (molecules) as the brand medication counterpart. A therapeutically equivalent drug is a different medication than the original and is not made up of the same active chemicals (molecules) as the original drug. This type of switch requires the approval of you and your doctor. Both chemical and therapeutic equivalents produce the same health results as the higher-cost brand alternatives.
For more information on generic drugs, visit the Health Canada website at hc-sc.gc.ca.
If you have refills of your medications at another pharmacy, submit a transfer request of your prescription from the other pharmacy to ReadyMeds. You can submit a transfer request through the Site or by phone.
When your prescription is due for a refill, ReadyMeds will notify you by phone or Electronic Communication, based on the preference you indicated when you created your Account. When you receive a refill notification, access the Site and you will be shown how much medication you have left on your prescription and be given the option to refill your prescription, which will be shipped to you directly. When you are running out of refills, ReadyMeds will contact your doctor (when available) to get a new prescription. We will notify you promptly if we run into any issues with renewal.
If you need to refill a prescription early, are planning on travelling or going on vacation, call our office and let us know the dates you will be away at your earliest convenience. Occasionally, you may experience higher costs when requesting an early fill or vacation supply. However, we will work with your insurance provider to maximize the coverage of your medications—contact our office by phone or email and we will go over your options.
Safety and Quality
ReadyMeds advises you to always follow your doctor’s instructions for taking your medication: take the prescribed amount of the medication you should take for the prescribed length of time you should take it. This is the best thing you can do to make sure you get the full benefits from your medication and prevent additional health complications. We understand that some medications may have unpleasant side effects or be difficult to administer, and that is why ReadyMeds pharmacists are available to offer clinical advice when dealing with these issues.
ReadyMeds is fully accredited and licensed through the College of Pharmacists of Manitoba. ReadyMeds only dispenses medications that have been approved for sale by Health Canada.
All medication filled by ReadyMeds is verified by computer and double-checked for accuracy by a licensed pharmacist for guaranteed accuracy. If your package arrives damaged or with any seals broken, let us know the tracking number provided with your package and we will replace it right away.
It is important to dispose of medication, needles, syringes or lancets correctly. ReadyMeds does not accept returns of any of these items. If your prescription comes with specific directions for disposal, call our office for assistance from a licensed pharmacist with the instructions. For any other pharmaceutical product you need to dispose of, take these items to a local pharmacy, or follow the guidelines set by the Health Products Stewardship Association with regard to The Medications Return Program. To download the information brochure, visit www.healthsteward.ca. In addition, you can access proper medication disposal information from the Government of Canada website; learn more at https://www.canada.ca/en/health-canada/services/safe-disposal-prescription-drugs.html.
Packaging and Child Safety Waiver
A pharmacy is required to dispense medication in a child-resistant container, unless the patient has signed a waiver or verbally requested a non-safety vial or container, or where a child-resistant container is not suitable due to the physical nature of the pharmaceutical product.
PACMED STRIP PACKAGING IS NOT CHILD-RESISTANT AND SHOULD BE KEPT OUT OF REACH OF CHILDREN AT ALL TIMES. YOU ARE RESPONSIBLE FOR ENSURING NECESSARY SAFEGUARDS ARE IN PLACE TO KEEP CHILDREN FROM ACCESSING OR TAMPERING WITH YOUR MEDICATIONS STORED IN PACMED STRIP PACKAGING. BY USING THE SITE AND SERVICES, YOU ARE WAIVING THE REQUIREMENT FOR READYMEDS TO PACKAGE YOUR PHARMACEUTICALS IN CHILD-RESISTANT CONTAINERS FOR ALL NEW PRESCRIPTIONS AND REFILLS ORDERED FROM READYMEDS OR THROUGH THE SITE.
DISPENSING PHARMACY AND ACCREDITATION
The Site and Services are being provided to you by Broadway Pharmacy Ltd., a Manitoba company accredited by the College of Pharmacists of Manitoba.
Broadway Pharmacy Ltd.’s licence number with the College of Pharmacists of Manitoba is 10203. You can verify our pharmacy accreditation through the following link: https://www.cphm.ca/company/roster/companyRosterView.html?companyRosterId=5. Simply type in “Broadway Pharmacy” under “Pharmacy Name.”
We take feedback very seriously. If you have any concerns regarding ReadyMeds or our services, please call us toll-free at 1-204-817-9040 or email us at Pharmacist@ReadyMeds.ca. We will respond promptly to follow up.
DEVICES AND MOBILE SERVICES
The Site may be available through certain mobile or other personal electronic devices. You acknowledge and agree that ReadyMeds is not responsible for ensuring that your device’s software is compatible with the Site or that you can use or access the Site or the Services through your particular device. If you are accessing the Services or the Site through a mobile device, you should check with your carrier to understand what voice, data and messaging rates will apply.
INFORMATION COLLECTION, OWNERSHIP AND USE
Transmission of Personal Data
ReadyMeds welcomes your ideas, suggestions and recommendations for Site features, functionality and enhancements (“Feedback”). Any Feedback you provide to ReadyMeds will be deemed non-confidential and ReadyMeds will be free to use such Feedback without restriction and without any compensation or obligations to you.
ReadyMeds sends you an invoice every time we dispense medications to you, which includes the cost of your prescription and any over-the-counter medications. No charges are made without notifying you first and an Electronic Communication is sent before every shipment with the included items.
ReadyMeds accepts most major credit cards. We will charge your portion (if applicable) to the Visa or MasterCard you provide at the time of joining. It is your responsibility to make sure you pay your portion for your prescription and cover the cost of any over-the-counter products you purchase from ReadyMeds. If you cannot make a payment on time, call our office to set up a payment plan. If you require financial assistance, email us and we will get back to you shortly.
ReadyMeds works with all major insurance plans. We will confirm your coverage when you sign up for ReadyMeds.
Any outstanding balance after applying the pharmaceuticals coverage under your insurance will be charged to you as a copayment. You will be provided with a receipt for each prescription dispensed.
When you make a purchase, you must designate and provide information about your preferred payment method, including your insurance information and applicable credit card information for any copayment (“Payment Method”). When you provide any payment account information to ReadyMeds, you represent to ReadyMeds that you are the authorized user of that payment account or insurance policy. The initial claim will be directed to your drug plan first and to a spouse’s insurance plan second. You should submit claims for dependent children first to the plan of the spouse whose birth date is earliest in the year.
If you have any prior authorizations, ReadyMeds will work with your doctor and insurance company to handle it. We’ll be in touch with you so that you know how long the process will take.
By making a purchase through the Site or Services, you agree to our Terms and Conditions of Use, and any additional terms and conditions that are provided here. By making a purchase, you agree to pay any fees or other incurred charges that apply to the products or services purchased. This information must be complete and accurate, and you are responsible for keeping it up to date. You hereby expressly authorize us to collect from your Payment Method the appropriate fees charged for the purchases you elect to make. All fees due for purchases are payable at the time of purchase and will be billed automatically to the Payment Method when the purchase is made. ReadyMeds may, in its sole discretion, accept or reject an order you have placed.
To the maximum extent permitted by applicable laws, we may change the fee (if any) we charge for products or Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable product or Service, by posting the new prices on the Site or by otherwise notifying you through Electronic Communication.
You acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of actual money. All payments must be remitted through an account of a payment provider or processor approved by ReadyMeds, and you agree to abide by the terms and conditions applicable to that payment method. ReadyMeds, or its approved third-party payment provider or processor, will automatically charge your Payment Method, plus any applicable taxes we are required to collect, where you authorize us to do so. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT(S). YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR OUR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT(S) OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT IS NOT REFUNDABLE IN WHOLE OR IN PART AND UNDER ANY CIRCUMSTANCES. INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OR SUSPENSION OF YOUR ACCOUNT(S) FOR ANY REASON, TERMINATION OF THESE TERMS AND CONDITIONS OF USE OR INTERRUPTION OR DISCONTINUATION OF THE SITE, SOME OR ALL OF THE CONTENT OR SERVICES. In all cases, your order will represent your offer to ReadyMeds to acquire the product or service ordered, which offer will be deemed to have been accepted by ReadyMeds when your payment account is charged.
CONTENT OWNERSHIP AND USE
Any health-related Content displayed on the Site describes general healthcare principles and is for general guidance only. Such Content should not be interpreted as specific instructions for individual users, and is not intended as a substitute for a consultation with your physician, pharmacist or a licensed healthcare professional, and should not be used to diagnose or treat a health problem without first consulting your physician or a licensed healthcare professional. You should discuss any information provided through access to the Site and/or Services with a physician, pharmacist, nurse or other licensed healthcare professional. You should also check product information regarding dosage, precautions, and warnings before administering or using any device, drug, herb, vitamin or supplement referenced in the Site, Content or Services.
In no event will ReadyMeds be liable for any decision made or action taken in reliance on the Content or other information contained on, or accessible through, the Site and/or Services. Reliance on any information provided by, or otherwise appearing on, the Site and/or Services is solely at your own risk.
Trademarks, Logos and ReadyMeds’ Branding
The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Site are the property of ReadyMeds or our third-party licensors. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of ReadyMeds or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All Content available on or through the Site or Services is protected by intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial or public purposes.
Limited End-User License
Subject to your strict compliance with these Terms and Conditions of Use, ReadyMeds hereby grants you a limited, revocable, non-exclusive, personal, non-transferable license, without the right to sublicense, to access and use the (i) Site and (ii) Services on a single computer, mobile device or media platform (the “License”). You shall not acquire any ownership rights in the Content or in any of the Services or the Site. Except as expressly permitted under these Terms and Conditions of Use, you will have no rights to, either directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site or Services, disclose any part or feature of the Site or Services that ReadyMeds has not publicly disclosed, or to display, distribute, publicly perform or any other way exploit, the Site, Services or the Content in whole or in part. You acknowledge and agree that we may modify, suspend or remove any Content or features of the Site or Services at any time.
For further certainty, you hereby acknowledge and agree that the general health-related data and information made available to you under the License is ReadyMeds’ exclusive property and is of essential value to ReadyMeds, and you shall not aggregate and/or republish, in whole or in part, any of the general health-related data and information.
End-User License Term
The term of your License commences on the date of your acceptance of these Terms and Conditions of Use and shall end on the earlier date of your or ReadyMeds’ suspension or termination of your Account. Your License shall terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the Site or Services, or you otherwise breach these Terms and Conditions of Use.
LINKED SITES AND THIRD-PARTY SERVICES
ReadyMeds prohibits caching unauthorized hypertext links to the Site and the framing of any Content available through the Site. ReadyMeds reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any Linked Sites is at your own risk. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from those provided on the Site. ReadyMeds is not responsible for the policies, practices, condition and operation of any Linked Sites, and expressly disclaims any and all responsibility and liability to you if you access or use a Linked Site.
Services not Controlled by ReadyMeds
Some of the Content or Services may be accessible, or give you the ability to use such Content or Services, on or through a website, service or device not controlled by ReadyMeds. For example, you may have the option to use the Content or Services online on servers not owned or controlled by ReadyMeds, or ReadyMeds may make the Content or Services available through servers that are not owned or controlled by ReadyMeds. ReadyMeds takes no responsibility for your access to or use of the Content or Services through or on any third-party device or service not controlled by ReadyMeds, and otherwise has no control over how such services are offered, administered or operated. Any such use of services not controlled by ReadyMeds is at your own risk and may subject you to additional or different terms and conditions imposed by the third party that owns and controls such services.
WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL CONTENT, PRODUCTS AND SERVICES ON OR THROUGH THE SITE, CONTENT OR SERVICES OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”), ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. READYMEDS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, CONTENT, SERVICES OR A LINKED SITE BY ANY PARTY OTHER THAN READYMEDS, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. EXCEPT AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL READYMEDS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR A USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT DISCLAIMED.
Limitation of Liability for Use of the Site, Content and Linked Sites
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND DESCRIPTIONS OF CONTENT OR SERVICES PUBLISHED ON THE SITE OR A LINKED SITE, OR INCLUDED IN THE CONTENT OR SERVICES, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, READYMEDS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE OR LINKED SITES OR CONTAINED IN THE CONTENT OR SERVICES. READYMEDS MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE, CONTENT OR SERVICES AT ANY TIME.
YOU AGREE THAT READYMEDS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY, LOSS, ACCIDENT OR DEATH, OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, CONTENT, SERVICES OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE SITE, CONTENT, SERVICES OR A LINKED SITE, EVEN IF READYMEDS IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT, DEATH OR DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS SOFTWARE THAT MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF THE CONTENT OR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. READYMEDS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE ACCESS TO THE SITE, CONTENT OR SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL READYMEDS BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO READYMEDS.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF READYMEDS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO READYMEDS.
Limitation of Liability for Services Arranged Through the Site
YOU AGREE THAT READYMEDS IS A MERE REPRESENTATIVE FOR THE CONTENT PROVIDERS AND SUPPLIERS OF THIRD-PARTY GOODS AND SERVICES AVAILABLE THROUGH THE SITE, CONTENT OR SERVICES, AND READYMEDS DOES NOT ENDORSE OR CONTROL ANY SUCH CONTENT PROVIDERS, THIRD-PARTY SUPPLIERS OR SUCH THIRD-PARTY GOODS OR SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE, BREACH, LOSS OR INJURY WITH RESPECT TO THE THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH CONTENT PROVIDERS AND THIRD-PARTY SUPPLIERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, READYMEDS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CONTENT PROVIDER OR OTHER SUPPLIER THROUGH THE SITE, CONTENT OR SERVICES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CONTENT PROVIDER OR SUPPLIER, AND YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE READYMEDS AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL READYMEDS BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO READYMEDS.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF READYMEDS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), IN EQUITY OR UNDER ANY OTHER LEGAL CAUSE OF ACTION, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SITE, CONTENT OR SERVICES, EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO READYMEDS.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS READYMEDS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADMINISTRATORS AND ASSIGNS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY OF THESE TERMS AND CONDITIONS OF USE, (II) YOUR OR ANY PERMITTED MINOR’S USE OR MISUSE OF THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO YOUR OR A PERMITTED MINOR’S PERSONAL INJURY OR DEATH, (III) YOUR OR A PERMITTED MINOR’S USE OR MISUSE OF ANY LINKED SITES, AND (IV) YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY LAW OR THIRD-PARTY RIGHTS.
WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION, WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.
VIOLATIONS OF TERMS AND CONDITIONS OF USE
You agree and acknowledge that ReadyMeds may, in its sole and absolute discretion and without prior notice to you, terminate or suspend your access to the Site and your use of ReadyMeds’ products and services, or any portion thereof, and cancel your Account if ReadyMeds has reason to believe that you have failed to strictly comply with these Terms and Conditions of Use or that the use of the Site by you violates the rights of any third party or any applicable laws. In addition to the foregoing, ReadyMeds reserves the right to pursue all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to the Site. You agree and acknowledge that monetary damages may not be an adequate remedy for any violation of these Terms and Conditions of Use by you and, without limiting any of ReadyMeds’ other remedies, you hereby consent to, and authorize ReadyMeds to obtain, an injunction or other equitable relief from any court of competent jurisdiction. You further authorize ReadyMeds to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.
These Terms and Conditions of Use, as amended from time to time by ReadyMeds, shall remain effective until terminated by you or ReadyMeds. You may terminate these Terms and Conditions of Use by discontinuing use of the Site, Content, Services and your associated Account(s) and destroying all electronic and other copies of all related Content, including related documentation. Without limiting any other provision of these Terms and Conditions of Use or the remedies available to ReadyMeds, ReadyMeds may immediately terminate these Terms and Conditions of Use or cancel or suspend your Account(s) and access to the Site, Content or Services in its sole and absolute discretion and for any reason including, without limitation, if you violate or otherwise fail to strictly comply with any term or provision of these Terms and Conditions of Use. Upon termination of these Terms and Conditions of Use for any reason, you must cease use of your Account(s), cease accessing the Site, Content and Services and promptly destroy all electronic and other copies of the Content, including all related documentation.
You and ReadyMeds agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions of Use, any policy or guarantee referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Site, Content or Services (collectively, the “Disputes”) will be settled by binding arbitration, except that each party retains the right to (i) bring an individual action in an applicable small claims court, such as the Manitoba Court of Queen’s Bench Small Claims Court in respect of any dispute relating to ReadyMeds, if the action is within the jurisdiction of that court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, confidential information or other intellectual property or proprietary rights. You acknowledge and agree that you and ReadyMeds are each irrevocably waiving the right to a trial by jury and the right to participate as a plaintiff or a class member in any purported class action or similar representative proceeding. Further, unless you and ReadyMeds expressly agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. This “Dispute Resolution” section shall survive any termination of these Terms and Conditions of Use.
Any arbitration to be conducted pursuant to this “Dispute Resolution” section where ReadyMeds is a party shall be conducted by a single, qualified arbitrator, in accordance with the National Arbitration Rules of the ADR Institute of Canada, Inc. pursuant to The Arbitration Act (Manitoba).
These Terms and Conditions of Use and your legal relationship with ReadyMeds shall be governed by and construed in accordance with the laws of Manitoba, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. These Terms and Conditions of Use shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. The controlling language of these Terms and Conditions of Use is English.
Waiver and Severability
The failure of ReadyMeds to enforce any right or provision of these Terms and Conditions of Use will not constitute a waiver of such right or provision. In the event that any provision of these Terms and Conditions of Use is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms and Conditions of Use will remain in full force and effect. All remedies of ReadyMeds hereunder shall be cumulative.
ReadyMeds will not be liable for, or be considered to be in breach of or default under these Terms and Conditions of Use on account of, any delay or failure to perform as required by these Terms and Conditions of Use as a result of events beyond the reasonable control of ReadyMeds, including without limiting the foregoing where the delay or failure is due to fires or fire-related hazards, explosions, power outages or interruptions, brownouts, internet service provider failure or delay, cyber attacks, server downtime, loss of servers, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events that cannot reasonably be foreseen or provided against.
Any notices or other communications permitted or required hereunder, including but not limited to modifications to these Terms and Conditions of Use or any policy or guarantee referred to herein, will be in writing and given by ReadyMeds (i) via email (in each case to the email address provided by you for your Account(s)) or (ii) by posting to the Site. Notice delivered by email will be deemed to have been received on the date on which such notice is transmitted.
The provisions of these Terms and Conditions of Use which require or contemplate performance after the expiration or termination of these Terms and Conditions of Use shall remain enforceable notwithstanding such expiration or termination.