TERMS & CONDITIONS
The following Terms and Conditions govern and apply to your use of or reliance upon Sites or mobile applications maintained by PharmaChoice Canada (“Sites”, “Applications”, “Services”, collecting known as the “the Site”).
Your access or use of the Site indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes, and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Site. Your continued use of the Sites and mobile applications (the “Site”) will be considered your acceptance of the revised Terms and Conditions.
1. AGE RESTRICTION
The Services are intended for Canadian residents who are over the age of legal majority in the province/territory where they reside (including by persons over the age of legal majority for the benefit of persons under the age of legal majority, provided the user is the parent or legal guardian of the person under the age of legal majority). By accessing the Services you represent that you are at least the age of legal majority where you reside and you agree to use the Services in accordance with all applicable local, provincial, national, or international laws and regulations.
2. INTELLECTUAL PROPERTY
All intellectual property on the Site is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Site, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
3. ACCOUNT AND ACCOUNT USE
If your use of the Site requires an account identifying you as a user of the Site (an “Account”):
a) you are solely responsible for your Account and the maintenance, confidentiality, and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate, and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete, and accurate.
When you make a purchase on the Site, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and delivery/shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe that doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
5. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Site. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk. For goods or services sold by others, we assume no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety, or legality of these products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue that claim directly with the manufacturer or seller and not with us. You agree to release us from any claims related to goods or services manufactured or sold by third parties, including any and all warranties or product liability claims.
In the event of a discrepancy between the order total received via the Customer Order Confirmation Email and the finalized order total processed by your method of payment, the amount of the finalized order total processed by your method of payment will prevail.
Questions or concerns regarding order totals or the individual pricing of items in an order should be directed to the selling location identified in the Customer Order Confirmation Email received by the customer.
6. SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping or delivery address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We may also request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment or delivery. You agree to monitor your method of payment. Shipment and delivery costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:
3349 Navan Road
Navan, ON K1W 0K7
If you are unhappy with anything you have purchased on our Site, you may do the following:
Contact the selling location specified in the Customer Order Confirmation Email and inquire as to the location’s returns policy. Return policies may vary by location and the decision to provide a return, exchange, or refund are at the discretion of the location that fulfilled the order.
7. AFFILIATE MARKETING & ADVERTISING
We, through the Site and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Site. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
8. ACCEPTABLE USE
You agree not to use the Site for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Site in any way that could damage the Site, the services, or the general business of PharmaChoice Canada.
You further agree not to use and/or access the Site:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
To violate any intellectual property rights of us or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To perpetrate any fraud;
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate, or discrimination towards any group;
To unlawfully gather information about others.
9. PROTECTION OF PRIVACY
Through your use of the Site, you may provide us with certain information. By using the Site, you authorize us to use your information in Canada and any other country where We may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Site, we may also receive information from external applications you use to access our Site, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
We use the information gathered from you to ensure your continued good experience on our Site, including through email communication. We may also track certain passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.
10. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Site;
b) Violate the security of the Site through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
11. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Site is at your own risk.
You defend and indemnify Navan Pharmacy and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Site, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense if we wish to do so.
You are strictly prohibited from using the Site or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
We may occasionally post links to third-party Sites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to our Site.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
16. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Site to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Site may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
17. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Site, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Site or our or any third party’s equipment or network is impaired by your use of the Site, 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 Site, 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 third-party providers of services, merchandise, or information, of any suspension, restriction or termination of your access to the Site.
18. NO WARRANTIES
Your use of the Site is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Site will meet your needs or that the Site will be uninterrupted, error-free, or secure. We also make no warranties for the reliability or accuracy of any information on the Site or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Site is your sole responsibility and we are not liable for any such damage or loss.
Internet communications are subject to interception, loss, or alteration and, as consequence, you acknowledge that information or data you provide by electronic means by accessing or using this Site are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
20. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Site, to the fullest extent permitted by law. The maximum liability of Navan Pharmacy arising from your use of the Site is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Navan Pharmacy in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Our Responsibility: At Pharmasave, your wellness is our priority. We take great pride in providing you with the most complete health and wellness services, products and opportunities. The same applies to making sure that the information you pass on to us remains private. We have always safeguarded your health and personal information with utmost care. This policy outlines the procedures and guidelines that we follow to make sure we do not break this trust.
Your Responsibility: You are responsible for keeping your information safe. Be responsible and cautious whenever you offer your personal information. You should ensure that whenever you disclose personal information, that information is used in an appropriate manner and stored safely.
Information from Children: Although we do not actively solicit personal or other information from children under the age of 13, it is possible for children to disclose their personal information to us. If you are under 13 years of age and would like to participate in our programs and are eligible to participate, please ask your parent or guardian for assistance. If you are under the legal age of majority in the province/territory in which you reside and want to register for any Pharmasave account, you may only do so with the consent of your parent or guardian and that parent or guardian will have access to your information available through your account.
Personal Information Collected: We may ask for personal information about you (limited to information that is reasonable to fulfill the purposes for which it was collected) including name, telephone numbers, age range, birth date, email, postal address, postal code, location and information about products that you purchase in our retail stores and online. From time to time, we may ask you for other information such as general demographic, family or personal health information or your interests. We only collect personal information if we ask you, and obtain your consent to its use, or if your consent is implied through your conduct with us since the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information, or if our collection, use, and disclosure of the personal information is required or authorized by law to be done without your consent.
We do not collect any personally identifiable information unless you provide it to us or authorize a third party to provide it to us. If you do not want us to collect your personal information, please do not provide it.
Profile Information: If you register with our website or any of our applications, such as to receive newsletters, eFlyers, health and wellness information, news updates or other information from us, or if you register with our website or application for an eCare account, such as to have access to your medication records, request online prescription refills or view your current and historical prescriptions, or if you register with an e-commerce account, you will receive a password and account designation when you have completed the profile information. You agree to provide true, accurate, and complete information about yourself. You are responsible for managing your account, including but not limited to maintaining the confidentiality of passwords and/or any of your account information. You are also responsible for maintaining and promptly updating your account information to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your password or on your account. Any person who has access to your account credentials may be able to access any of the personal information available in your account, including if you share your account credentials with a healthcare provider. In the case of your eCare account, your registration code should also be treated as your account credentials, as it may be possible for someone to use your registration code to access your personal information available in your eCare account.
B. Scope and Application
This policy does not apply to the practices of companies or other entities that we do not manage or control. This policy does not apply to information regarding corporations or other non-individuals.
C. Use and Sharing of Information
WEBSITES AND APPLICATIONS OPERATED BY Navan Pharmacy
When you create an online account through www.Navanpharmacy.com, you agree that we may provide you with our newsletter, eFlyer, promotions, health and wellness information, and news updates. We send you only the information you have consented to receive. You can unsubscribe to any electronic communication from our websites at any time by using the “unsubscribe” or “opt-out” mechanism included in the communication.
We will collect information from you when you make a purchase on the Pharmasave Online Store, whether or not you register for an account. This information is collected by Pharmasave to process and fulfill your online transaction(s), which ensures that your purchased goods are shipped to the correct address, in addition to contacting you as needed with connection to your order. In the event that technical support is required, your personal information may be accessed by authorized third parties. But by placing an order for a person other than yourself, you represent that you have all necessary consent and authority to make such requests on behalf of the other person.
Navan Pharmacy does not collect your payment or financial information. For e-commerce, our third-party payment processor uses your payment information to approve or decline a purchase. At no time does Navan Pharmacy have access to your personal credit card or payment information.
We may also use your personal information to generate summarized data for internal use and for tailoring the information we provide via our website or applications, newsletters, eFlyers, and updates. “Summarized data” means information that has been aggregated and analyzed to provide us with generalized, anonymous information. Your identity and personal information will be kept anonymous in summarized data.
We cannot guarantee the confidentiality or security of any email communications or information sent by you to us via our website or applications. If you wish to send us confidential information, please notify us first to make arrangements.
Like most other commercial websites and applications, our website and applications may monitor traffic patterns, downloads, site usage and related site information. We may automatically (i.e., not via registration) collect or compile certain information that is not personally identifiable when you access the website or applications. Examples of this type of information include the aggregate and unique number of visitors to the website, the dates and times of visits to the website, the city, province and country of visitors, the pages of the website visited and the content accessed, the browsers, operating systems, search engines and search terms used to visit the website and HTTP errors generated. We use this information in order to optimize our website and to assess the usage of our website or applications. We may provide such information to our website or application contractors for these purposes, but this information does not include any personally identifiable information.
We do not sell your personal information to any other third party without your permission. We take reasonable precautions regarding any sensitive information or security information, such as contact information, health information, etc.
We may also contract with a third party to store or host our online data, which may include your personal information. We will only do so if we are satisfied that the third party is a reputable and reliable service provider, and we will not grant unauthorized access to your personal information.
Under certain circumstances, we will disclose your personal information: when you have consented to the disclosure; to fulfill the purpose for which the personal information was collected; when the services we are providing to you require us to give information to third parties; if the information is already publicly known; in connection with an actual or proposed sale, reorganization or financing of our business or operations, including to regulatory authorities or to prospective buyers and other parties to the transaction who are bound by confidentiality obligations, and when we are required or authorized by law to do so.
Periodically, we may conduct surveys and contests through one of our websites or applications, email or in Pharmasave stores. You may choose to participate and provide us with your name, mailing address, telephone number, email, and other personal information. We collect this information for contests to select and notify the winner. Personal information obtained in a survey will be used to understand the needs and preferences of our customers.
D. Correcting Personal Information
To demonstrate our commitment to your privacy, we adhere to the following principles derived from the PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT (Canada):
Accountability: We are responsible for personal information under our control and designate an individual or individuals who are accountable for our compliance with the following principles.
Identifying Purposes: The purposes for which personal information is collected are identified by us at or before the time the information is collected. The purpose may be identified orally or in writing.
Consent: Your knowledge and consent are required for the collection, use, or disclosure of your personal information, except as required or permitted by applicable law.
Limiting Collection: The collection of personal information is limited to that which is necessary for the purposes identified by us, or as required or permitted by applicable law. Information will be collected by fair and lawful means.
Limiting Use, Disclosure, and Retention: Personal information is not used or disclosed for purposes other than those for which it was collected with your consent or as required or permitted by applicable law.
Accuracy: Personal information is maintained as accurate, complete, and up-to-date as is necessary for the purposes for which it is used.
Safeguards: We are committed to keeping your personal information safe in order to protect it from loss, theft, unauthorized access, disclosure, duplication, use by others and modification. Your personal information is protected by reasonable security safeguards appropriate to the sensitivity of the information. We use appropriate measures when disposing of the information.
Individual Access: You have the right to access your personal information collected by us. Upon request, within a reasonable time, we will tell you what personal information belonging to you is stored by us, what it is being used for, and who possesses access to it. You may notify us in writing at our contact address of the accuracy and completeness of the information and have it amended as appropriate.
F. Contact Information
Address: 3349 Navan Road, Navan, Ontario K1W 0K7