General order agreement terms and conditions

Canada Cloud Pharmacy Legal Agreement

Canadacloudpharmacy.com is the website authorized for the provision and sale of products and services on behalf of the authorized and licensed pharmacy, Cloud Pharmacy, located at 4918 Victoria Drive,Vancouver,BC, V5P 3T6. The terms and conditions (the "Terms of Sale") are in relation to the sales and services between canadacloudpharmacy.com the authorized Pharmacy (the "Pharmacy") and you (the "Customer") for the products and services (the "Products") offered by the Pharmacy. Upon placing an order of the Products detailed on a purchase order (an “Order”), the Customer agrees to and accepts the Terms of Sales. Cloud Pharmacy Inc is a Canadian business registered in the Province of Vancouver, British Columbia, Canada. Customers are purchasing medications and products approved for sale in Canada. Any and all disputes, claims or controversies that arise out of the sale, delivery, use or misuse of any product or service shall be submitted and be subject to the jurisdiction of the courts of the Province of British Columbia. The final adjudicate in determining any suit, action or proceeding from or in connection to the Pharmacy must be made in the courts of the Province of British Columbia with reference to British Columbia laws. These terms of sale may not be amended, supplemented or altered in any way by a Customer document. Terms of sale are subject to change at any time without prior notice.

By placing an order with CanadaCloudPharmacy.com, the Customer has read and understands the terms and conditions and 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 the canadacloudpharmacy.com website. The Customer acknowledges having had every opportunity to obtain independent legal advice with respect to the Terms of Sale.

The Customer understands that CanadaCloudPharmacy.com "Cloud Pharmacy" adheres to the PIPEDA Act, 2004 and HIPAA, 1996.

The Patient herein represents to the Pharmacy that,

"I am over the age of majority, and:

• I attest that any orders placed are solely for the purpose of personal use, for the prescribed recipient, and not for resale or distribution to any other party.

• I have fully and accurately disclosed my personal information and personal health information and consent to its use by the Pharmacy. I have had a physical examination by a physician within the last 12 months, and do not require a physical examination.

• I understand that all Products shall be sold & dispensed by a Pharmacy operating within a unique international jurisdiction and in a manner consistent with the laws of that jurisdiction.

• I authorize and appoint the Pharmacy, as my attorney and agent, to take all steps, sign all documents and to act on my behalf as if I were personally present and acting myself for the limited purposes of (a) obtaining a valid prescription for any prescription which I have sent the Pharmacy; and (b) packaging my prescriptions and delivering them to me; and (c) to attest on my behalf any declarations that need to be declared to necessary customs agencies for importation to my country. This authorization shall include, but not be limited to: collecting and using my personal and personal health information as reasonably necessary for the fulfillment of my order, including disclosure to a licensed physician if required for the issuance of a valid prescription in the jurisdiction of the Pharmacy. This authorization may be revoked at any time and shall continue until I revoke it.

• I understand that the Pharmacy is legally incorporated and authorized by law to carry on business in the jurisdiction of the Pharmacy, and that I am purchasing medications that have been approved for sale in the jurisdiction of the Pharmacy. Title to my medications passes from the Pharmacy to me in the jurisdiction of the Pharmacy when my medications leave the Pharmacy. All agreements reached or contracts formed with the Pharmacy shall be deemed to be made in the jurisdiction of the Pharmacy, the laws of the jurisdiction of the Pharmacy shall govern all transactions, and I attorn to the courts of the jurisdiction of the Pharmacy, which shall have sole and exclusive jurisdiction over any dispute arising between me and the Pharmacy, its affiliates, officers and directors.

I HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON ME AND MY ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES."

OR

"I am the parent/legal guardian/power of attorney for the Patient disclosed herein, am over the age of majority, and have full authority to sign for and provide the above representations to the Pharmacy on the Patient's behalf."

Patient Authorization Agreement

Canadacloudpharmacy.com™is a marketing website (“Website”) for Cloud Pharmacy Inc, which is a fully licensed pharmacy  located in the City of Vancouver, British Columbia, Canada, and includes its employees, officers, directors, affiliates, representatives, agents, contractors and sub-contractors [collectively, the “Pharmacy” (the Website and the Pharmacy will be collectively referred to as “Cloud Pharmacy”). Cloud Pharmacy is committed to helping ensure that I, the undersigned patient (“I” or “Me”), am able to obtain medication, products and /or services [“Product(s)”] from the Pharmacy. This Patient Authorization Agreement (“Agreement”) shall govern all sales of Product between Cloud and I. I therefore acknowledge and agree as follows:

“I am over the age of majority, and:

1. I have fully and accurately disclosed my personal information and personal health information and consent to its use by Cloud Pharmacy, have had a physical examination by a physician within the last 12 months, and do not require a physical examination.

2. I understand that all Products shall be sold and dispensed by a Pharmacy licensed and operating within the jurisdiction of the Province of British Columbia, Canada, and in a manner consistent with the laws of that jurisdiction.

3. I authorize and appoint Cloud Pharmacy, as my attorneys and agents, to take all steps, sign all documents and to act on my behalf as if I were personally present and acting myself for the limited purposes of:

   1. obtaining a valid prescription for any prescription which I have sent the Pharmacy; and

   2. filling my prescription(s), packaging the Product(s) and delivering the Product(s) to me. This authorization shall include, but not be limited to: collecting and using my personal and personal health information as reasonably necessary for the fulfillment of my order, including disclosure to a licensed physician if required for the issuance of a valid prescription in the jurisdiction of the Pharmacy. This authorization may be revoked at any time and shall continue until I revoke it.

4. I understand that the Pharmacy is legally incorporated and authorized by law to carry on business in the Province of British Columbia, Canada, and that I am purchasing medications that have been approved for sale in the jurisdiction of the Pharmacy. Title to the Product(s) passes from the Pharmacy to me in the Province of British Columbia when they leave the Pharmacy. All agreements reached or contracts formed with Cloud Pharmacy shall be deemed to be made in the jurisdiction of the Province of British Columbia, Canada, and the laws of that jurisdiction shall govern all transactions, and I attorn to the courts of that jurisdiction, which shall have sole and exclusive jurisdiction over any dispute arising between me and Cloud Pharmacy, their affiliates, agents, employees, officers and directors.

5. I HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON ME AND MY ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES.”

TERMS AND CONDITIONS OF SALE
www.Canadacloudpharmacy.com

Canadacloudpharmacy.com™ is a marketing website (“Website”) for Cloud Pharmacy, which is a fully licensed pharmacy (License #28717) located in the City of Vancouver, British Columbia, Canada (the “Pharmacy”). The Website is intended to facilitate the purchase of pharmaceutical products ["Product(s)"] between you and the Pharmacy (the Website and Pharmacy will be collectively referred to as “Cloud Pharmacy”).  As your authorized agents, Cloud Pharmacy will take steps to facilitate and arrange for the fulfillment of orders and delivery of Product for the purposes of maintaining yourhealth and well-being. Since you do not reside in the same area where the Products will be coming from, it is necessary for you to authorize Cloud Pharmacy to act on your behalf. By accepting delivery of the Products and services from Cloud Pharmacy you agree to be bound by these terms and conditions of sale (collectively, "T&Cs").

THESE T&Cs APPLY TO ALL TRANSACTIONS, BOTH CURRENT AND FUTURE, INVOLVING THE PURCHASE OF PRODUCTS FROM THE PHARMACY VIA THE WEBSITE, MAIL, CUSTOMER SERVICE CENTER, OR OTHERWISE. IF YOU DO NOT AGREE TO THESE T&Cs, CLOUD PHARMACY, AS YOUR AUTHORIZED AGENTS, WILL NOT BE ABLE TO FACILITATE YOUR PURCHASE OF PRODUCTS. IF YOU HAVE RECEIVED PRODUCTS WITH THESE T&Cs, AND YOU DO NOT AGREE TO BE BOUND BY THEM, YOU MUST RETURN THE PRODUCTS WITHIN 30 DAYS BY CONTACTING CLOUD PHARMACY AT THE CONTACT NUMBER AVAILABLE ON THE WEBSITE (AT www.canadacloudpharmacy.com).

1. Knowledge and Consent. By placing an order with the Pharmacy via the Website, mail and/or its affiliated customer service center, you acknowledge that you are of the age of majority, of sound mind, and agree to be bound by these T&Cs with full knowledge and without undue influence or duress. You acknowledge that these T&Cs are readily accessible on the Website and that you have been provided with the opportunity to obtain independent legal advice with respect to these T&Cs.

2. Personal Examination. You understand that it is your responsibility to have your prescribing physician ("Your Own Physician") conduct regular physical examinations, including any and all suggested testing, to ensure that you have no medical problems which would constitute a contraindication to you taking the Products. You certify that you have had a physical examination by Your Own Physician within the last twelve (12) months from the date hereof.

3. Original Prescription Required. You acknowledge that the Pharmacy will not accept any order for Products unless you deliver a valid prescription issued by Your Own Physician based upon a personal consultation and examination, as referenced in paragraph 2 above.

4. Power of Attorney. You authorize and appoint (a) Cloud Pharmacy as your agents and attorneys, to take all steps, sign all documents, and act on your behalf as if you were personally present and acting for yourself for the limited purposes of obtaining a legally valid prescription, if required by applicable law, for any prescription which you have sent to the Pharmacy; and (b) packaging the Products and delivering them to you. This authorization shall include, but not be limited to, the collection of your personal and personal health information and the disclosure of such information to the Pharmacy and any other health professionals being retained on your behalf, as required. You may revoke this authorization at any time, but it shall continue until you revoke it in writing.

5. Delivery. Delivery of the Products ordered from the Pharmacy takes place when the Products leave the Pharmacy. After delivery, the Pharmacy will, as your authorized agent and attorney, arrange for the shipping of the Products to your home address. Normally, shipments take an average of two (2) – four (4) weeks to arrive. In the event that shipment of the Products is delayed, and upon notice from you, the Pharmacy will arrange for a replacement order to be sent to you at no additional cost. Cloud Pharmacy is not liable for any damages suffered due to delay in shipment or failure of the Products to arrive within a specified number of days.

6. Health Canada-Approved Products. The Pharmacy is fully licensed to carry on business as a licensed pharmacy by the College of Pharmacists of British Columbia.  Pursuant to this licensure, all Products offered for sale by the Pharmacy are approved by Health Canada, which is regarded as the Canadian equivalent to the United States Food & Drug Administration ("FDA"). Please note that the FDA has taken the position that virtually all shipments of Products imported from the Pharmacy by a United States resident will violate United States law. The Pharmacy will only dispense up to a 90-day supply of Product to you at any given time (refills for additional Product may follow, but no more than a 90-day supply at any given time). By placing an order for Products or services with Cloud Pharmacy, you represent that sale, delivery, and shipment of the Products will not violate any import, export, or other law or regulation in your home jurisdiction.

7. Payment Terms. Your order is not binding on the Pharmacy until accepted in writing. The price(s) for the Products shall be as specified by the Pharmacy and as set forth at the time of acceptance. Prices may be subject to change without notice. Credit terms are at the discretion and as specified by the Pharmacy and, unless otherwise specified in writing, payment must be received by the Pharmacy prior to acceptance of your order. Payment for your order may be made by any form of credit or payment accepted by the Pharmacy.

8. Shipping Charges; Taxes. Charges for shipping and handling will be shown on your invoice. You are responsible for all service taxes, sales and other taxes associated with your order and as required by the Pharmacy. If applicable, separate charges for taxes will be shown on your invoice.

9. Warranties. THE MANUFACTURERS OF THE PRODUCTS ARE SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH THE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUD PHARMACY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE T&Cs, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCTS.

10. Limitation of Liability. CLOUD 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, CLOUD 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.

11. Privacy Policy. You must fully and accurately disclose your personal information and consent to its use by Cloud Pharmacy for the purposes of obtaining the Product(s). By submitting an order for Product(s) to Cloud Pharmacy, you have consented to the collection and use of your personal information as described in Cloud’s PRIVACY POLICY AND HIPAA COMPLIANCE NOTICE available on the Website (the "Privacy Policy")]. Cloud Pharmacy reserves the right to amend the Privacy Policy from time-to-time by posting and updating the Privacy Policy on the Website. You agree to review the Privacy Policy each time you submit an order for Product(s).

12. Return Policy. Cloud Pharmacy does not accept return of Products for any credit unless the Products were dispensed in error contrary to the prescription or a delivery error occurred. Please visit the Website to view the current return policy for Products.

13. Products and Services. Cloud Pharmacy may revise and/or discontinue the services as displayed on the Website at any time, without notice.

14. Severability. The invalidity and unenforceability of any provisions in these T&Cs shall not affect the validity or enforceability of any other provisions hereof and any such invalid or unenforceable provision shall be deemed to be severable.

15. Headings. The section headings used herein are for convenience only and do not form a part of these T&Cs, and no construction or inference may be derived therefrom.

16. Force Majeure. Cloud Pharmacy shall not be liable for any delay or failure in performance caused by circumstances beyond their reasonable control including, without limitation, delays due to back orders of requested Products, mail delays, customs delays and lost shipments. Although Cloud Pharmacy will collectively make reasonable efforts to do so in order to maintain good client relations, they are not responsible to notify you in the event of any delay. You shall be solely responsible to make such arrangements or to purchase alternative Product(s). Any such costs incurred in association with such purchases shall be solely borne by you.

17. Governing Law. You understand that Cloud Pharmacy is your authorized agent and attorney for the purpose of facilitating the purchase of the Products. Title to the Products pass to you when they leave the Pharmacy. All agreements reached or contracts formed shall be deemed to have been made in the Province of British Columbia, Canada, and the laws of that jurisdiction shall have sole and exclusive jurisdiction over any dispute arising between you and Cloud Pharmacy, their authorized agents, employees and representatives, and/or under these T&Cs.

18. Parent/Legal Guardian. In the event that you have placed the order for a child or a dependent, you have confirmed for Cloud Pharmacy that you are the parent, legal guardian and/or have power of attorney for the customer, with full authority to sign for and to provide the above representations to Cloud Pharmacy on the customer's behalf.