TERMS AND CONDITIONS OF USE
If you access or use this web site (the "Site"), you accept and agree to be bound by and comply with the following terms and conditions (the "Terms"). If you do not accept these Terms, do not use the Site. The user of this site, customer or any other user acknowledges that Brand Holdings Inc., is Doing Business As (dba) Brand Name Pharmacy.
The Site (excluding linked sites, if any) is administered and controlled by Brand Name Holdings Inc. dba. Brand Name Pharmacy and its affiliates, subsidiaries, officers, directors, employees or agents from its offices in the accordance with the laws of Belize. You agree that the Site will be governed by and construed in giving effect to any principles of conflicts of laws. You agree that all disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of Belize. You submit and attorn to the exclusive jurisdiction of the courts of Belize to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site.
All products and services of Brand Name Holdings Inc. dba Brand Name Pharmacy are subject to the terms and conditions of the applicable agreements governing their use or sale.
These Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site. In the event of any conflict, the terms provided in the pages of the Site will govern.
The information, material and content provided in the Site (the "Information") may be changed at any time without notice. Changes may be made to these Terms at any time without notice by updating this posting. You agree to review these Terms regularly and your continued access or use of the Site will mean that you agree to any changes.
LOCAL LAWS; EXPORT CONTROL
It is important to note that not all of the products, services and Information are available.. The Information does not constitute an offer or solicitation to buy or sell any product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation.
The terms and conditions applicable to any product, service or information will be those determined at the time of provision of the product, service or information. Please be aware of the laws of your jurisdiction or that otherwise apply to you in relation to any of the matters described in these pages. If you choose to access the Site, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws. You may not use or export or re-export the Information or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations.
NOT OFFERING ANY ADVICE
The Information is for informational purposes only and is not intended to provide specific advice for you, and should not be relied upon in that regard. You should not act or rely on the Information without seeking the advice of a professional. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS SITE FOR DIAGNOSING, TREATING, CURING OR PREVENTING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCT ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY THE PRODUCT. ALWAYS CONSULT YOU OWN PHYSICIAN FOR ADVICE AND TREATMENT.
Brand Name Holdings Inc. dba. Brand Name Pharmacy PROVIDES THE SITE AND THE INFORMATION ON AN "AS IS, WHERE IS AND AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Brand Name Holdings Inc. dba. Brand Name Pharmacy DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE SITE OR THE INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, CURRENTNESS, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, Brand Name Holdings Inc. dba Brand Name Pharmacy DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED, OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE ALL PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.
YOU ACKNOWLEDGE AND AGREE THA Brand Name Holdings Inc. dba. Brand Name Pharmacy DOES NOT ENDORSE THE CONTENT OF ANY MEMBER OR ANY SITE ACCESSED VIA LINKS OR OTHER MEANS FROM THE SITE AND IT IS NOT RESPONSIBLE OR LIABLE FOR SUCH CONTENT EVEN THOUGH IT MAY BE UNLAWFUL, HARASSING, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, HARMFUL, OBSCENE, OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER PERSON.
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Brand Name Holdings Inc. dba. Brand Name Pharmacy BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION, EVEN IF Access Canada Drug Mart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TRADE-MARKS AND COPYRIGHT
Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Site are trade names or trade-marks owned by Brand Name Holdings Inc. dba. Brand Name Pharmacy, or trade names or trade-marks owned by third parties. The display of trade-marks and trade names on pages at the Site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying or modification of trade-marks and/or the contents of the Site may be a violation of any federal or other law that may apply to trade-marks and/or copyrights and could subject the copier to legal action.
The Information is protected under the copyright laws of Belize and other countries. Unless otherwise specified, no person has permission to copy, download, display, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the Information. Permission is granted to you to display, copy, distribute and download the Information for personal, non-commercial use only provided you do not modify the Information and that you retain all copyright and other proprietary notices contained in the Information. Notwithstanding the foregoing, nothing contained in this Site shall be construed as granting by implication or otherwise, any license or right to use or modify any trademarks of or any Brand Name Holdings Inc. dba. Brand Name Pharmacy third party, except with the express written permission of Brand Name Holdings Inc. dba. Brand Name Pharmacy or such other party that may own the applicable trademark. This permission terminates automatically if you breach any of these Terms. Upon termination of these Terms, you will immediately destroy any downloaded and printed materials. Any unauthorized use of any Information may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
These terms may not be altered, supplemented, or amended by the use of a Customer purchase order or similar Customer document. Any attempt by Customer to alter, supplement or amend this document or to enter into an order for Product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Brand Name Holdings Inc. dba. Brand Name Pharmacy. Brand Name Holdings Inc. dba. Brand Name Pharmacy may change these terms and conditions as they relate to future sales or deliveries at any time without prior notice.
These Terms will be governed by and construed in accordance with the laws of Belize applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with these Terms shall be submitted to and be subject to the jurisdiction of the courts of the Country of Belize. The parties submit and attorn to the exclusive jurisdiction of the courts of the country of Belize to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with these Terms.
ORDERS; PRICES; PAYMENT TERMS; INTEREST.
Orders are not binding upon Brand Name Holdings Inc. dba. Brand Name Pharmacy until accepted by Brand Name Holdings Inc. dba. Brand Name Pharmacy in writing. The prices for the Products shall be as set forth in Access Canada Drug Martâ€™s website as at the time of acceptance of an order by Access Canada Drug Mart. Prices for Products shall be subject to change without any further notice. Credit terms are within Brand Name Holdings Inc. dba. Brand Name Pharmacy sole discretion, and unless otherwise specified in Brand Name Holdings Inc. dba. Brand Name Pharmacy invoice, payment must be received by Brand Name Holdings Inc. dba. Brand Name Pharmacy prior to Brand Name Holdings Inc. dba. Brand Name Pharmacy acceptance of an order. Payment for the Products will be made by a credit card accepted by Brand Name Holdings Inc. dba. Brand Name Pharmacy , wire transfer, bank draft, personal cheque or money order. Personal cheques are accepted. If credit terms have been agreed to by Brand Name Holdings Inc. dba. Brand Name Pharmacy , invoices are due and payable within thirty days after the date of the invoice. Customer agrees to pay interest on all amounts past due at a rate of 18 per cent per annum.
SHIPPING CHARGES; TAXES.
Separate charges for shipping and handling will be shown on Brand Name Holdings Inc. dba. Brand Name Pharmacy invoice(s). The Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes onBrand Name Holdings Inc. dba. Brand Name Pharmacy net income. If applicable, a separate charge for taxes will be shown onBrand Name Holdings Inc. dba. Brand Name Pharmacy invoice.
Title to Products passes from Brand Name Holdings Inc. dba. Brand Name Pharmacy to Customer at the time the Products leave Brand Name Holdings Inc. dba. Brand Name Pharmacy location of distribution. Customer shall be responsible for all loss or damage to the Products that occurs during shipping. Ship dates are estimates only.Brand Name Holdings Inc. dba. Brand Name Pharmacy is not liable for delays in shipment or failure to ship by the estimated ship date.
THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Brand Name Holdings Inc. dba. Brand Name Pharmacy DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.Brand Name Holdings Inc. dba. Brand Name Pharmacy RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.
Brand Name Holdings Inc. dba. Brand Name Pharmacy may revise and discontinue Products at any time without prior notice.
LIMITATION OF LIABILITY:
Brand Name Holdings Inc. dba. Brand Name Pharmacy DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR DELAYS EXPERIENCED IN CUSTOMERS RECEIVING PRODUCTS THAT HAVE BEEN PURCHASED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Brand Name Holdings Inc. dba. Brand Name Pharmacy WILL NOT BE LIABLE FOR DAMAGES ARISING FROM PERSONAL INJURY OR DEATH, LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, OR DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.
The Customer acknowledges that the Products sold hereunder are subject to applicable export control laws and regulations.
Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. Brand Name Holdings Inc. dba. Brand Name Pharmacy is not responsible for and will not be liable to you or any one else for any damages in connection with an E-Mail sent by you to Brand Name Holdings Inc. dba. Brand Name Pharmacy or an E-Mail sent by Brand Name Holdings Inc. dba. Brand Name Pharmacy to you at your request.
No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.
Links from or to web sites outside the Site are meant for convenience only. Brand Name Holdings Inc. dba. Brand Name Pharmacy does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and Access Canada Drug Mart will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and Access Canada Drug Mart is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
KNOWLEDGE AND CONSENT:
By placing an order with Brand Name Holdings Inc., dba Brand Name Pharmacy, the Customer has read and understands the terms and conditions as set out herein. The Customer represents that he/she consents to the Terms of Sale, and does so with full knowledge and without undue influence or duress. The Customer acknowledges that the Terms of Sale are readily accessible on a 24-hour basis from Brand Name Holdings Inc. dba. Brand Name Pharmacy 's website and shall be provided to the Customer in hard copy format upon request at any time. The Customer acknowledges having had every opportunity to obtain independent legal advice with respect to the Terms of Sale.
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-proprietary, and may be used by Brand Name Holdings Inc. dba. Brand Name Pharmacy for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
You agree to protect and fully compensate Brand Name Holdings Inc. dba. Brand Name Pharmacy from any and all third-party claims, liability, damages, expenses and costs (including but not limited to reasonable legal fees) arising from your use of the Site and the Information, your violation of any of these Terms, your infringement of any intellectual property or other right of any person.
These Terms and any terms incorporated or referred to herein constitute the entire agreement between you and Brand Name Holdings Inc. dba. Brand Name Pharmacy relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or byBrand Name Holdings Inc. dba. Brand Name Pharmacy making such amendments or modifications in accordance with these Terms. In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to herein, these terms and conditions of sale shall govern.
The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.
From time to time,Brand Name Holdings Inc. dba. Brand Name Pharmacy may, in its sole discretion, exchange and replace a Product, in the event of damage or defect of the Product. Any exchanges will be made in accordance with Brand Name Holdings Inc. dba. Brand Name Pharmacy exchange policies in effect on the date of the exchange.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Brand Name Holdings Inc. dba. Brand Name Pharmacy shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested Products, mail delays, customs delays, lost shipments. Brand Name Holdings Inc. dba. Brand Name Pharmacy shall not be responsible to notify the Customer in the event of such delays. Customer shall be solely responsible to make other arrangements to purchase alternative Products and any costs incurred in connection with such purchases.