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 REAL FAST DRUGSTORE ("Real Fast Drugstore") 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.rfdrugstore.com.
- Any individual may apply for enrolment in the Real Fast Drugstore 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 Real Fast Drugstore 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 Real Fast Drugstore, in its sole discretion.
- Members may purchase Products from one or more NSPs using one of
Real Fast Drugstore'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, Real Fast Drugstore, the NSP, the MSR and
any delivery service used. Upon receipt of payment, Real Fast Drugstore 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 Real Fast Drugstore 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.
- Real Fast Drugstore 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
Real Fast Drugstore, which criteria are subject to change in Real Fast Drugstore's sole discretion,
without notice. Some applicants, including me, may not qualify for
membership in the Program. Eligibility determinations shall be made by
Real Fast Drugstore in its sole discretion.
- Those individuals determined to be eligible for enrolment in the
Program, shall receive a "REAL FAST DRUGSTORE MEMBER CARD" (the "Card")
in such format as Real Fast Drugstore 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 Real Fast Drugstore'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 Real Fast Drugstore'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.rfdrugstore.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
Real Fast Drugstore 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 Real Fast Drugstore.
- 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 Real Fast Drugstore. Power of Attorney
- I name and authorize each of Real Fast Drugstore 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 Real Fast Drugstore or NSP has about me (including the original Prescription
and my contact information) for his/her review. Each of Real Fast Drugstore 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 Real Fast Drugstore 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 Real Fast Drugstore 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 Real Fast Drugstore 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 Real Fast Drugstore shall be governed by the privacy policy of Real Fast Drugstore in effect, and as amended, from time to time, in the reasonable
exercise of Real Fast Drugstore's discretion.
- I authorize Real Fast Drugstore 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.
- Real Fast Drugstore 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 Real Fast Drugstore.
- In all cases, Real Fast Drugstore 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 Real Fast Drugstore shall be deemed to
be made in the Commonwealth of the Bahamas (the "Bahamas"), and
accordingly shall be governed by the laws of the Bahamas applicable to
such agreements and contracts, and I acknowledge that I am benefiting
from such laws by engaging Real Fast Drugstore to arrange for my order(s) to be
filled.
- Any dispute that arises between myself and Real Fast Drugstore, its affiliates,
related companies, subsidiaries, officers, directors, shareholders,
employees or agents, shall be governed by the laws of the Bahamas
applicable to contracts formed in the Bahamas, provided that the courts
of the Bahamas 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 the Bahamas. The arbitration shall be governed by
the substantive law of the Bahamas, and evidentiary privileges under
the law of the Bahamas (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 Real Fast Drugstore 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.
- Real Fast Drugstore, 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 Real Fast Drugstore,
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 Real Fast Drugstore's own actions (and not those
of other persons such as NSPs, pharmacist, prescribing physicians, me
or my agent, etc) and Real Fast Drugstore is liable for the loss under the laws of
the Bahamas, taking into account all limitations or defences,
including those stated in these Terms and Conditions.
- These Terms and Conditions constitute the entire agreement between
Real Fast Drugstore and myself, and Real Fast Drugstore 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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