TERMS AND CONDITIONS OF MEMBERSHIP & SERVICE
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 PolarBearMeds.com™ (“PBM”) 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 these Terms and Conditions may be found at http://www.polarbearmeds.com.
- Any individual may apply for enrolment in the PBM member 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 Network Service Providers which PBM has selected to make available health services or products 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 Telecom Health Service (Telemedicine) offered or 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 PBM, in its sole discretion.
- Members may arrange to purchase health services or products from one or more NSPs using one of PBM’s digital telecommunication services themselves or in conjunction with a member service representative (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 a Members’ order.
- 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, PBM, the NSP, the MSR and any delivery service used. Upon receipt of payment, PBM will be responsible for allocating the funds amongst the parties accordingly. Product offerings and price lists are subject to change, without notice, in the sole discretion of either PBM 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.
- PBM is not itself a pharmacy of medical professional. 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. PBM is not responsible, however, for any errors or omissions that the NSP may make.
- NSP’s may choose, for international orders, to substitute a Canadian source and ship from Canada earlier if stock is available.
- 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
- Enrolment in the Program is subject to criteria established by PBM, which criteria are subject to change in PBM’s sole discretion, without notice. Some applicants may not qualify for membership in the Program.
- Those individuals determined to be eligible for enrolment in the Program, shall receive a “PBM MEMBER ID” (the “ID”) in such format as PBM from time to time determines. Receipt or possession of a ID is not evidence of membership in the Program. An individual who receives a ID must use 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.
My Membership in the Program
- My participation in the Program is voluntary, and at my own risk.
- The Program and/or my participation in it may be terminated by PBM 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 PBM.
- 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 PBM.
Power of Attorney
- I name and authorize each of PBM and any NSPs which will be supplying a Product to me, as my agent and attorney for the limited purposes of taking all steps, transmitting data, 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 issued, re-written or co-signed by a physician licensed to practice medicine in the jurisdiction in which the applicable NSP operates, taking all necessary steps on my behalf to contact such physician and schedule an appointment or otherwise convey the relevant information that PBM or NSP has about me (including health information, product order history, Prescription(s), and my contact information) for his/her review.
- Each of PBM 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.
Me and my Medication(s)
- 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 I order and I will use them as prescribed.
- I will not order more than a 3 month supply of Prescription Medication.
- I cannot return the Prescription Medication which I order for exchange or refund.
- A physician (“Primary Physician”) duly licensed to practice 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 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 PBM 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.
- I authorize PBM 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 writes, 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.
- In all cases, PBM 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 practice 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 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 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 practice 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.
Release & Disputes
- I agree that any and all agreements reached, or contracts formed, throughout the course of my relationship with PBM shall be deemed to be made in Canada (“CAD”), and accordingly shall be governed by the laws of Canada applicable to such agreements and contracts, and I acknowledge that I am benefiting from such laws by engaging PBM to arrange for my order(s) to be filled.
- Any dispute that arises between myself and PBM, its affiliates, related companies, subsidiaries, officers, directors, shareholders, employees or agents, shall be governed by the laws of Canada applicable to contracts formed in Canada, provided that the courts of Canada 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 Canada. The arbitration shall be governed by the substantive law of Canada, and evidentiary privileges under the law of Canada (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 PBM or I am liable to compensate the other, the amount is restricted to recovering those actual losses recoverable by the laws of Canada, 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.
- PBM, 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 PBM, 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 a prescribing physician;
- 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);
- 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 PBM’s own actions (and not those of other persons such as NSPs, pharmacist, prescribing physicians, me or my agent, etc) and PBM is liable for the loss under the laws of Canada, taking into account all limitations or defences, including those stated in these Terms and Conditions.
- These Terms and Conditions constitute the entire agreement between PBM and myself, and PBM 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.
BY MY SIGNATURE BELOW, AND/OR BY DIGITAL AUTHENTICATION, AD/OR BY THE USE OF THE SERVICES PROVIDED BY PBM, BY SUCH (1) I CONFIRM THAT I HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, (2) I CONFIRM THAT THE REPRESENTATIONS MADE BY ME IN THESE TERMS AND CONDITIONS ARE TRUE AND CORRECT, AND (3) I AGREE THAT THESE TERMS AND CONDITIONS ARE BINDING ON ME AND MY HEIRS, EXECUTORS, LEGAL PERSONAL REPRESENTATIVES AND ASSIGNS.
(Date of Execution)