TERMS AND CONDITIONS OF SALE
The following terms and conditions (these “Terms”) apply to the telehealth services and purchase of healthcare products (each, a “Product” and collectively, the “Products”) from ARCED PHARMAS™ through www.arcedpharmas.com (this “Website”) by you (the “Customer”). ARCED PHARMAS™ is a tradename of YYoung licensed to YYoung Medical Clinic, a licensed practice authorized to provide telehealth services and Y.Youngs Medicine Mart (Main) Inc., a licensed pharmacy (LICENCE NUMBER: 28328) authorized to dispense prescription medications and sell healthcare products, located at 1721 Main Street, Vancouver, BC, V5T 3B5 and with an administrative office located at 1001-2, Wyndham Street, Central, Hong Kong. Please read these Terms carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
By clicking “I Agree”, you acknowledge that you have read, accepted, consent, and agree to be bound by these Terms.
These Terms are subject to modification by ARCED PHARMAS™ without prior written notice at any time, in ARCED PHARMAS™ sole discretion. The version of these Terms applicable to your purchase will be the version in effect on the day you submit the applicable order to ARCED PHARMAS™.
PRICE, SHIPPING CHARGES, TAXES, AND PAYMENT TERMS FOR PRODUCTS
The services our Website offers include making online bookings for our Telehealth Services, ordering healthcare packages from third party suppliers such as our doctors (the “Third Party Suppliers”), ordering products such as certified natural products through our CNPA (Certified Natural Product Advisors), and using our delivery service. Prices for any product are subject to change without prior notice. Credit terms are within the sole discretion of ARCED PHARMAS™. Payment options include CREDIT/DEBIT card, e-Transfer to AR@ARCEDPHARMAS.com, CERTIFIED CHEQUE, CHEQUE or MONEY ORDER made out to ‘ARCED PHARMAS’. If you choose cheque or money order, the balance on the account must clear prior to the order being successfully completed. The total price and all other related charges for Products will be set out under “Your Order” on the Website. The total purchase price will provide a breakdown of Products and taxes applicable to your jurisdiction, which will be added to the purchase price for the Products. Separate charges for shipping and handling, of which you will be responsible for, will be shown on your invoice(s). You are responsible for goods and services tax, if applicable, and any other taxes that may be associated with the order. The Third-Party Suppliers may add additional fees to the total purchase price. Once you submit your order, you will receive a receipt of payment. If you have set up an account (“Account”) with us on the Website, confirmation of your order will be sent to the email address you provided in your Account.
Any price offers, member subscriptions, vouchers or advertisements on the Website will be valid for the period stated on the offer or advertisement. ARCED PHARMAS™ reserves the right to reject any sale for any reason, including but not limited to any misprint in the price offer or advertisement. ARCED PHARMAS™ is not responsible for price offers offered by Third-Party Suppliers on the Website.
ARCED PHARMAS™ will not be responsible for any damage to the Customer due to failure of the product to arrive within the estimated shipping duration, any delays in shipment, or if detained at customs.
PRESCRIPTION REQUIREMENTS AND TRANSFER OF PRESCRIPTION
The Customer must have seen a doctor within the last 12 months and have received a valid prescription for the medication to be ordered, if the requested medication requires a prescription. For prescription requests originating outside the Province of British Columbia, Canada, you are required to provide ARCED PHARMAS™ a valid and original prescribing practitioner’s prescription by facsimile, upload onto our secured user website portal or electronic mail. An ARCED PHARMAS™ associated pharmacist will review the prescription and, if acceptable, will re-issue the prescription pursuant to requirements under “Prescription Drugs” section of Food and Drug Regulations (C.R.C., c. 870).
For prescription requests originating in the United States of America or Hong Kong, an ARCED PHARMAS™ associated Physician will review the valid and original U.S. or HK prescription, and patient’s medical information and, if appropriate, will issue a Canadian prescription. U.S. and HK pharmacies may not be able to transfer an existing prescription to ARCED PHARMAS™ so you may be required to request a new prescription from your provider. All U.S. or HK prescriptions must be approved by an authorized Canadian physician prior to being filled. ARCED PHARMAS™ can work directly with your doctor to facilitate the receipt of the prescription and/or rearrange refills when necessary. The ability of ARCED PHARMAS™ to fill U.S. or HK prescriptions are subject to each States’ individual and HK regulations; HK and some U.S. States may not authorize prescriptions to be filled by non-U.S. and non-HK pharmacies.
RETURNS AND EXCHANGES
There are no refunds or exchanges for Products ordered on the Website. All sales are final. Once a Product has been dispensed or sold as a Product, the Product cannot be returned, in accordance with section 22 of the bylaws of the Pharmacy Operations and Drug Scheduling Act [SBC 2003] c. 77. Before entering an order on the Website, please consult with your physician or healthcare professional regarding your medications or certified natural products. ARCED PHARMAS™ may, at its sole discretion, replace a Product in the event of damage or defect to the Product. Any replacement will be made in accordance with ARCED PHARMAS™ exchange policies in effect on the date of the exchange.
If you would like a refund or to exchange a Product you purchased from a Third Party Supplier through our Website, you will have to contact the Third Party Suppliers directly and process refunds or exchanges directly through the Third Party Suppliers, subject to the refund or exchange policy of the Third Party Supplier.
EXPORTS AND IMPORTS
The Customer acknowledges that the Products sold on the Website may be subject to import/export laws and regulations, specific to the jurisdiction the Customer is domiciled. ARCED PHARMAS™ is not liable for breach of any import and export laws, including but not limited to damages for the seizure of any Products ordered. DISCLAIMER
The Website is a platform that allows for the e-commerce sale of goods, products, and for medical practitioners and certified natural product advisors to advertise and sell their products, such as health care packages, on our Website. You understand that:
(a) ARCED PHARMAS™ makes no representations or warranties as to the quality, condition, fitness, or suitability of the Products. Neither ARCED PHARMAS™, its parent, subsidiaries, affiliates, or any of their respective employees, agents, officers, directors (“Company Parties”) make any warranty, condition, quality, fitness, or suitability of any kind, whether express or implied, regarding the Products sold or advertised on the Website and ARCED PHARMAS™ specifically disclaims the implied warranties and conditions of merchantable quality, fitness for a particular purpose, to the maximum extent permitted by law;
(b) ARCED PHARMAS™ makes no guarantee that Products appearing on the Website will be available. Products may change or be discontinued at any time;
(c) ARCED PHARMAS™ makes no representation that the Product you ordered will match the illustrations, photography or description on the Website;
(d) ARCED PHARMAS™ is not liable or responsible for any warranties that may be provided by Third Party Suppliers;
(e) ARCED PHARMAS™ does not represent or warrant that the Website will be available to meet your requirements, that access will be uninterrupted, that there will be no delays, errors or omissions, failures, loss of information, that no viruses or other contaminating properties will be transmitted, or that no damage will occur to your computer system and programming. The Customer is responsible for the protection, maintenance, and backup of their own data and/or equipment;
(f) ARCED PHARMAS™ does not endorse the content of any external website or member that is accessed via links or other means from the Website. ARCED PHARMAS™ is in no way liable for the content of external websites, should they be unlawful, libelous, harassing, invading, abusive, threatening, harmful, obscene, or otherwise objectionable;
(g) ARCED PHARMAS™ does not review, endorse, approve, or control, and is not responsible for any external websites linked to the Website, the content of those sites, the third parties named therein, or their products and services. Links to external websites outside the Website are meant for convenience only. ARCED PHARMAS™ is in no way liable for any damages that result from a Customer’s use of external websites. Links to downloadable software sites are for convenience only and ARCED PHARMAS™ is not responsible or liable for any difficulties or consequences associated with downloading third party software; and
(h) Email transmissions are not secure and may be subject to interception, loss, or alteration. ARCED PHARMAS™ is in no way liable to the Customer, nor any third party, for any damages in connection with an email sent by the Customer to ARCED PHARMAS™ or an email sent by ARCED PHARMAS™ to the Customer. NOT OFFERING ADVICE
**THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. **
Any information provided is for informational purposes only and is not intended to provide specific advice to the Customer. Do not use information on the Website for diagnosing, treating, curing or preventing a health problem. Please consult with your own physicians.
LIMITATION OF LIABILITY
Company Parties will not be liable for any loss suffered by the Customer, including but not limited to personal injury, death, indirect, consequential, special or punitive damages even if advised of the possibility of such damages, or for any claim by any third party. Without limiting the generality of the foregoing, the Company Parties are not liable to the Customer for any loss suffered by the Customer as a result of the use of the Products provided by Third Party Suppliers, including but not limited to natural products and supplements provided by medical practitioners or prescription medication manufactured by drug manufacturers. In any case, if Company Parties are held liable to the Customer for whatever reason, Company Parties are not liable or responsible for any amount of damages beyond the aggregate dollar amount paid by the Customer for the purchase of the Products giving rise to the liability.
You agree that these Terms and any document incorporated by reference or referred to herein constitute the entire agreement between yourself and ARCED PHARMAS™ pertaining to the subject matter of these Terms, and supersede, terminate, and otherwise render null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and ARCED PHARMAS™. In the event of a conflict between these Terms and any of the documents incorporated by reference or referred to herein, these Terms shall govern.
The failure of ARCED PHARMAS™ to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by you. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms will be ruled unenforceable, then the remainder will be enforced to the extent permissible, and any such invalid or unenforceable provision shall be deemed to be severable.
The information, material and content provided on the Website (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 Website will mean that you agree to any changes.
This Website is not intended for use by children under the age of 19. Use of this Website is void where prohibited by applicable law.
CUSTOMER SUPPORT AND INFORMATION
Please contact us at orders@ARCEDPHARMAS.com.
All warranties are the sole responsibility of the manufacturer of the Product. ARCED PHARMAS™ disclaims any warranties and conditions for any and all products or services to the maximum extent permitted by law. Any claim in respect of Products is limited to the replacement of said Product.
ARCED PHARMAS™ shall not be liable for any failure to deliver Products or services caused by circumstances outside their immediate control; these include but are not limited to mail delays, lost mail/packages, delays in shipping due to out of stock items or backlog of orders to fulfil a particular product, fire, flood, earthquake, explosion, accident, acts of public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine, labour disputes or shortages, transportation embargoes, inability to secure materials, or machinery, acts of God or government (including denials of or onerous restrictions on export licences), and such events of force majeure affecting suppliers of ARCED PHARMAS™, or judicial action. ARCED PHARMAS™ is not liable for any damages caused to the product from shipping or any other damages arising from loss of profits, loss of business, personal injury or death or other loss or damage caused either directly or consequentially through the purchase or usage of Products from ARCED PHARMAS™. ARCED PHARMAS™ is not responsible for notifying customers of any delays in shipments. If required, the Customer has the responsibility of purchasing an alternative Product(s) and all costs incurred.
One of our top priorities is maintaining and ensuring the privacy of our customers. In order to assist with facilitating this, ARCED PHARMAS™ adheres to policies based on the Canadian Standards Association's model code (CAN/CSA Q-830-96 R-2002), the set of principles that underlies the Canadian legislation at the federal and provincial levels. We also adhere to the national privacy standards in Canada known as PIPEDA (The Personal Information and Electronic Documents Act).
Principle 1 - Accountability
In fulfilling our mandate to be responsible for maintaining and protecting any personal information under our control, ARCED PHARMAS™ has appointed a Chief Privacy Officer who is held accountable for our compliance with the Ten Privacy Principles.
To contact our Chief Privacy Officer to inquire about our policy, access your personal information, or to lodge a complaint, please contact: Chief Privacy Officer 1-604-288-2991 privacy@ARCEDPHARMAS.com
1721 Main Street, Vancouver BC, V5T 3B5, Canada
1001-2, 19 Wyndham Street, Central, Hong Kong
Principle 2 - Identifying Purposes ARCED PHARMAS™ is required to collect certain personal information in order to provide you with discount medications, and healthcare products communicate with you about your prescription orders, verify your prescriptions and process them, and ensure safe medication delivery to our customers. Our pharmacy and fulfillment center complies with all regulatory obligations within Canada. This may include verifying accuracy of information of other individuals involved in the transaction of filling the prescription, such as medical practitioners, certified healthcare professionals, guardians or caregivers. The purposes for which personal information is collected shall be identified before or at the time the information is collected.
ARCED PHARMAS™ will not rent, sell, or give away your personal information to anyone for marketing purposes.
Principle 3 - Consent On each order form you fill, we will seek your consent to the release of any personal information that you provide. We will make our best efforts to explain the purposes for which we ask for your personal information, but if you have any questions about information that is being requested or what ARCED PHARMAS™ does with the collected information, please do not hesitate to contact our Chief Privacy Officer at privacy@ARCEDPHARMAS.com. If you are acting as a guardian or caregiver on behalf of another individual whom you represent, such as a child or a dependent adult for whom you have power of attorney, we will be required to gather additional information in order to verify that claim.
Principle 4 - Limiting Collection ARCED PHARMAS™ will only collect personal information that is relevant and essential to serve our customers, and to ensure compliance with regulatory obligations. We collect the information directly from the customer and limit its use to only the health care professionals involved with your care and when required, to our suppliers and processors.
Principle 5 -Limiting Use, Disclosure, and Retention Unless the individual consents otherwise or it is required by law, personal information can only be used or disclosed for the purposes for which it was collected. Personal information will only be kept as long as required to serve those purposes.
Principle 6 – Accuracy ARCED PHARMAS™ maintains your personal information in an accurate, complete, and up to date manner, in order to fulfill its intended purposes. Please ensure that if your medications or health conditions change, you inform us by updating your profile or informing ARCED PHARMAS™ via email, phone, or fax. This way, we can ensure that we are operating with the most recent information to assist in optimizing your health.
Principle 7 – Safeguards ARCED PHARMAS™ ensures that our staff are trained to adhere our privacy standards and to follow all applicable laws and regulations to keep your information safe.
We use https://squareup.com/ca/en/security and meet all regulatory requirements in protecting your personal data. Your financial transactions are protected by payment processing systems adhering to the PCI Data Security Standard (PCI-DSS), Level 1 . Your data is stored in a PCI compliance data center. In the unfortunate event of a data breach, we will contact you and any relevant data protection authorities as required by local law.
Principle 8 – Openness ARCED PHARMAS™ customers have the right to access their personal information that we have on record. If you wish to access your personal information, please contact the Chief Privacy Officer at privacy@ARCEDPHARMAS.com
If you find inaccurate information on your file, please inform us so that we can amend it accordingly.
Principle 10 - Challenging Compliance Customers may contact our Chief Privacy Officer at privacy@ARCEDPHARMAS.com if they have questions or would like to seek further clarification in regard to the privacy principles listed above or about our practices.
Third Parties We use third parties such as our dispensing pharmacy, pharmacists, certified natural product advisors, as well as licensed practitioners to assist in fulfilling orders, check processing companies to issue payment transactions, and an email service provider to communicate via email with you on our behalf. We may share your personal information (i.e. name, mailing address, or medical profile information) with these third parties in order to provide services to you. Our third parties are prohibited from using your personal information for promotional or marketing purposes.
Links to Other Websites We may from time to time publish links to other websites we believe to be of interest. It is important to note that we do not have control over these websites, and how they use your personal information, therefore we cannot guarantee that they will adhere to the same privacy steps as ARCED PHARMAS™.