I
hereby agree to the following terms and conditions of membership (the "Terms and
Conditions"), and acknowledge and agree that each time I use the services
provided by CANMEDGLOBAL INC. ("CanMed") by such use I confirm that I have
received, read and understood the most current version of these Terms and
Conditions and agree to and accept them. The most current version of this
Agreement may be found at http://www.canmedglobal.com.
- Any individual may apply for enrolment in the CanMed member card program
(the "Program"). Each individual accepted for enrolment in the Program is
referred to in these Terms and Conditions as a "Member", with all of such
individuals referred to collectively as "Members".
- In these Terms and Conditions:
- "NSP" means one of the pharmacies which CanMed has selected to fill
Prescriptions for Members, and "NSPs" means more than one NSP;
- "Prescription" means a direction given by a medical practitioner
directing that a stated amount of a drug specified in such direction be
dispensed for the Member identified in the direction, and "Prescriptions"
means more than one Prescription;
- "Prescription Medication" means a drug dispensed pursuant to a
Prescription;
- "Product" means any product sold by one of the NSPs, either requiring a
Prescription or not, and "Products" means more than one Product; and
- any reference to these Terms and Conditions includes any and all
amendments which may be made to these Terms and Conditions, from time to
time, by CanMed, in its sole discretion.
- Members may purchase Products from one or more NSPs using one of CanMed's
member service representatives (individually, an "MSR" and collectively
"MSRs"). MSRs will help the Members facilitate their purchases. This
assistance may include obtaining and transmitting the information necessary
for the NSP to fill Members' Prescription(s).
- When a Member contacts an MSR, the MSR will provide the Member with the
cost to the Member of all Product(s) available from each of its NSPs. A
single, all inclusive price will be quoted for each product, which price will
include, without limitation, the cost to the Member of the Product quoted
together with all service charges, commissions and delivery charges charged by
any and all parties connected with the transaction including, but not limited
to, CanMed, the NSP, the MSR and any delivery service used. Upon receipt of
payment, CanMed will be responsible for allocating the funds amongst the
parties accordingly. Product inventories and price lists are subject to
change, without notice, in the sole discretion of either CanMed or the NSP, as
the case may be.
- The Program is not an insurance plan.
- The Program is designed mainly for individuals using maintenance
medications for the treatment of long-term conditions.
- CanMed is not itself a pharmacy. It will take reasonable steps to
determine that any NSP which you choose to fill your Prescription(s) is
licensed under the laws of the jurisdiction where it operates. Can Am is not
responsible, however, for any errors or omissions that the NSP may make.
- Due to legal restrictions or scarcity, there may be situations in which a
Product a Member may wish to order is not available.
- Enrolment in the Program is subject to criteria established by CanMed,
which criteria are subject to change in CanMed's sole discretion, without
notice. Some applicants, including me, may not qualify for membership in the
Program. Eligibility determinations shall be made by CanMed in its sole
discretion.
- Those individuals determined to be eligible for enrolment in the Program,
shall receive a "CanMed GLOBAL MEMBER CARD" (the "Card") in such format
as CanMed from time to time determines. Receipt or possession of a Card is not
evidence of membership in the Program. An individual who receives a Card must
call CanMed's telephone number(s) on the Card in order to activate the Card,
entitling that person to become a Member of the Program. Each time a Member or
an individual otherwise in possession of a Card, calls CanMed's telephone
number(s) on the Card, and uses the services ordinarily provided only to
Members of the Program (see "The Program" above), then by such use, that
individual confirms
- his/her status as a Member,
- that he/she has received, read, understood and signed these Terms and
Conditions, and
- that he/she agrees to and accepts these Terms and Conditions. The most
current version of these Terms and Conditions may be found at
http://www.canmedglobal.com.
- My participation in the Program is voluntary, and at my own risk.
- The Program and/or my participation in it may be terminated by CanMed at
any time with or without notice or cause. Upon termination of the Program
and/or my participation in it, I will promptly return the Card to CanMed.
- I will comply with these Terms and Conditions. If I fail to comply with
these Terms and Conditions, I will no longer be eligible to participate in the
Program.
- My membership in the Program shall not constitute or be construed as
constituting a partnership, joint venture or principal agency relationship
between myself and CanMed. Power of Attorney
- I name and authorize each of CanMed and any NSPs which will be supplying
Products to me, as my agent and attorney for the limited purposes of taking
all steps and signing all related documents on behalf of myself necessary to
complete the sale of the Product(s) to me in the jurisdiction in which the
applicable NSP operates, including, without limitation:
- appointing the third party such as a courier or postal service that will
act as my agent for the purposes of taking possession of, then delivering to
my address, the Product(s) I have ordered; and
- in such cases where a Prescription must be re-written or co-signed by a
physician licensed to practise medicine in the jurisdiction in which the
applicable NSP operates, taking all necessary steps on my behalf to contact
such physician and convey the relevant information that CanMed or NSP has
about me (including the original Prescription and my contact information)
for his/her review. Each of CanMed and any such NSP(s) has the same
authority in this regard as I would if I was personally present, taking
those steps and signing those documents myself.
- I am of the age of majority and I am not restricted from making my own
medical decisions.
- I will be the only person using the Prescription Medication which I order
and I will use them as prescribed.
- I will not order more than a 3 month supply of Prescription Medication.
- In the case of each and every Prescription which I entrust CanMed to
arrange to be filled pursuant to these Terms and Conditions, I will ensure
that I have taken each such Prescription Medication, for at least thirty (30)
days prior to my providing CanMed with my Prescription for each such
Prescription Medication.
- I cannot return the Prescription Medication which I order for exchange or
refund.
- A physician ("Primary Physician") duly licensed to practise medicine in
the country, province, territory, state, or other applicable jurisdiction, in
which I reside, will prescribe any Prescription Medication which I order. Any
Prescription(s) will be lawfully obtained by me from my Primary Physician, who
physically examines me.
- I will, to the best of my knowledge, fully and truthfully disclose all
pertinent information and documentation required to fill my Prescription(s). I
will notify CanMed of any changes to my physical or medical condition by
providing an updated Member Questionnaire. It is my responsibility to have
regular physical examinations by my Primary Physician, including all suggested
tests to ensure I have no medical problems that contraindicate my taking the
Prescription Medication.
- I will immediately contact my Primary Physician in the event I experience
any unexpected side effect(s) from the Product(s) which I order.
- The collection, retention, disclosure and use of my personal health
information by CanMed shall be governed by the privacy policy of CanMed in
effect, and as amended, from time to time, in the reasonable exercise of
CanMed's discretion.
- I authorize CanMed to collect from me, my Primary Physician, an NSP or my
pharmacist, and share with any NSPs and pharmacists which fill my
Prescription(s) or any physician who co-signs or re-writes my Prescription(s),
my personal health information, for the purposes of facilitating the filling
of my Prescription(s). NSPs may also share my information with each other in
order to fill my Prescription(s) and promote safety.
- CanMed and the NSPs which fill my Prescription(s) are relying on the
health information and documentation that is provided by me. This includes,
but is not limited to, my Member Questionnaire and all other related
information I forward to CanMed.
- In all cases, CanMed must receive a valid Prescription for fulfillment,
and in some cases, a Prescription must be re-written or co-signed by a
physician licensed to practise medicine in the jurisdiction in which the NSP
filling my Prescription(s) operates. In the event my Prescription must be so
re-written or co-signed, the co-signing physician will evaluate my medical
profile and may approve my Prescription, but is in no position to modify the
Product(s) which I order. This relationship does not replace the relationship
I have with my Primary Physician.
- When possible, any Prescription Medication which I order will be in
original manufacturer's packaging that may or may not be in child resistant
packaging, and I must indicate if I choose or choose not to have child
resistant packaging supplied.
- An NSP may substitute a generic Prescription Medication for a brand name
Prescription Medication, where available, unless my Primary Physician has
indicated there be no such substitution.
- Habit forming, narcotic, or any other controlled Prescription Medication
are only available where permitted to be delivered or picked up at the
location of the NSP filling my Prescription(s).
- The sale to me takes place in the jurisdiction in which the fulfilling NSP
operates, and I become the owner of the Product(s) when the NSP places the
Product(s) in a container or otherwise completes the steps necessary to
prepare it for my use. I am then responsible for personally importing the
Product(s) to my address in the jurisdiction in which I reside. Any steps
connected with transportation are carried out by me or by someone acting as
agent on my behalf.
- The pharmacists, contracted physicians and NSPs are located and licensed
to practise pharmacy or medicine, as the case may be, in various
jurisdictions. All treatment I receive from each of the said pharmacists,
physicians and NSPs is being received in the jurisdiction in which each such
pharmacist, physician or NSP is licensed and/or operates.
- I agree that any and all agreements reached, or contracts formed,
throughout the course of my relationship with CanMed shall be deemed to be
made in Antigua , and accordingly shall be governed by the laws of Antigua
applicable to such agreements and contracts, and I acknowledge that I am
benefiting from such laws by engaging CanMed to arrange for my order(s) to be
filled.
- Any dispute that arises between myself and CanMed, its affiliates, related
companies, subsidiaries, officers, directors, shareholders, employees or
agents, shall be governed by the laws of Antigua applicable to contracts
formed in the Antigua, provided that the courts of the Antigua shall have sole
and exclusive jurisdiction over any such dispute, including but not limited
to, claims of negligence or malpractice. If I am a consumer located in the
United States at the time of the order, I may choose instead to refer the
dispute for binding settlement to the American Arbitration Association, and
the supplementary rules for consumer-related disputes shall apply. One
arbitrator will then decide the matter in accordance with the substantive law
of Antigua. The arbitration shall be governed by the substantive law of
Antigua, and evidentiary privileges under the law of Antigua (such as
solicitor-client) will apply as well. No action or claim may be brought more
than a year after I receive the Product(s) which I order.
- The dispute settlement provisions contained in these Terms and Conditions
shall survive regardless of the invalidity of these Terms and Conditions in
whole or in part.
- Where either CanMed or I am liable to compensate the other, the amount is
restricted to recovering those actual losses recoverable by the laws of the
Bahamas, and not any punitive or exemplary damages.
- Any provision in these Terms and Conditions that is invalid or
unenforceable shall be deemed to be severable from the other provisions
contained in these Terms and Conditions.
- CanMed, and the NSPs, disclaim any and all representations and warranties,
whether express or implied, with respect to the Program and my participation
in it.
- I release, discharge, indemnify and hold harmless each of CanMed, the
NSPs, the MSRs, each of their respective subsidiaries, affiliates, and
suppliers, and each of their respective officers, directors, shareholders,
agents and employees from any and all liability, claims, causes of actions or
damages of any kind, whether direct, indirect, consequential, incidental,
punitive or otherwise, however caused and regardless of the theory of
liability, arising from or due to:
- any act, error or omission on the part of any third party who is
appointed as my agent pursuant to these Terms and Conditions;
- termination of the Program and/or my participation in it;
- errors made by prescribing physicians;
- any problems that arise from my failure to provide full and accurate
information in accordance with these Terms and Conditions;
- side-effects I experience from the Product(s) which I order;
- the failure of the Product(s) which I order to produce a particular
effect that I or my physician expect or desire;
- any errors or omissions by the NSP that fills my Prescription(s); and
- these Terms and Conditions or my participation in the Program except
where my loss is caused by CanMed's own actions (and not those of other
persons such as NSPs, pharmacist, prescribing physicians, me or my agent,
etc) and CanMed is liable for the loss under the laws of Antigua, taking
into account all limitations or defences, including those stated in these
Terms and Conditions.
- These Terms and Conditions constitute the entire agreement between CanMed
and myself, and CanMed and I have no additional obligations or liabilities to
one another due to any other statements we may have made prior to my agreeing
to be bound by these Terms and Conditions.
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