Terms of Service and Patient Agreement

Last modified: October 1st, 2024

Introduction

The following terms of service (the "Terms") govern the products and services (the "Products") offered by PrescriptionHelp.com (“Prescription Help”) to you (the "Customer"). By placing an order for Products, Customer agrees to be bound by and accepts these Terms.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the jurisdiction from which Products are shipped to Customer (unless Prescription Help elects otherwise in its sole discretion), 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 subject to the jurisdiction of the courts in the jurisdiction from which Products are shipped to Customer (unless Prescription Help elects otherwise in its sole discretion). The parties submit and attorn to the exclusive jurisdiction of said courts to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with these Terms.

Prior Notice

Prescription Help may change these Terms at any time without prior notice.

Privacy Policy

By submitting an order for products and services from Prescription Help, the Customer consents to the collection and use of personal information as described in our privacy policy as published on the Prescription Help web site at www.PrescriptionHelp.com/privacy-policy. Prescription Help reserves the right to amend its privacy policy from time to time by posting the updated policy on its web site. Customer agrees to review the privacy policy each time Customer submits an order for products or services.

Orders, Prices, and Payment Terms

Orders are not binding upon Prescription Help until accepted by Prescription Help in writing, which shall occur when the order is transferred to the affiliated pharmacy or fulfillment center for the purpose of shipping the Product. The prices for the Products shall be as set forth on Prescription Help's website at the time of acceptance of an order by Prescription Help. Payment must be received by Prescription Help prior to Prescription Help's acceptance of an order. Prescription Help reserves the right to charge $25 USD for electronic or physical checks that are returned as NSF. Prices for Products are subject to change without notice.

Lowest Price Guarantee

Prescription Help guarantees the lowest price on our prescription products. We will match the total shopping cart price, including any shipping charges, offered by an approved competitor website as follows:

  • The competitor website must be an approved member of the Canadian International Pharmacy Association (CIPA).
  • The lowest price guarantee is only valid at the time of sale and for the current advertised competitor price.
  • The competitor product must be in stock and identical in terms of manufacturer, source country, pack size, strength, and quantity.
  • Shipping methods must be the same when making the comparison.
  • Competitor promotions, specials, and over-the-counter products are excluded.
  • Price matches will only be issued over the phone by our customer service agents.
  • Notwithstanding anything to the contrary on our website, our lowest price guarantee may not be exercised for certain products at our discretion.

Shipping Charges and Taxes

Separate charges for shipping and handling will be shown on a Prescription Help invoice. Customer is responsible for goods and services tax, sales tax, and any other taxes or duties associated with the order. If applicable, a separate charge for taxes will be shown on the invoice.

Title

Title to Products passes to Customer at the time the Products leave Prescription Help's affiliated pharmacy or international fulfillment center. Ship dates are estimates only. Prescription Help is not responsible for delays in shipment or failure to ship by the estimated ship date.

Shipping Guarantee

Prescription Help offers a 42-day shipping guarantee. If Customer does not receive their shipment within 42 days of the date of shipping, Prescription Help will send a replacement shipment. Prescription Help reserves the right to amend the terms of this shipping guarantee without notice.

Cancellation, Exchange, Refund, and Return Policies

  • Prescription Help reserves the right to not allow order cancellations once the order has been accepted by Prescription Help.
  • Prescription Help may, in its sole discretion, exchange or replace a Product in the event that Product is damaged during shipping.
  • Unopened Products up to a $500 value may be returned for a full refund when mailed by a national postal service within 30 days of receipt of the Products.
  • Opened products up to a $500 value may be returned for an account credit worth 50% of the value of the Products when mailed by a national postal service within 30 days of receipt of the Products.
  • Refund or credit will be granted only upon receipt of the returned Products to the appropriate address specified by Prescription Help.
  • Original shipping fee, if applicable, and return mailing cost is not refundable or credited under this policy.
  • Orders for special order items are not refundable or credited under this policy.

Warranties.

THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRESCRIPTION HELP 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. PRESCRIPTION HELP'S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.

Products.

Prescription Help may discontinue or vary the Products it displays on its website or arranges the supply of at any time without prior notice.

Limitation of Liability.

PRESCRIPTION HELP 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, PRESCRIPTION HELP 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.

Exports and Imports

The Customer acknowledges that the Products sold hereunder are subject to applicable export and import control laws and regulations.

Entire Agreement.

Customer agrees that these Terms and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and Prescription Help 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 Prescription Help. 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.

Severability.

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.

Headings.

The section headings used herein are for convenience of reference only and do not form a part of these Terms and no construction or inference shall be derived therefrom.

Force Majeure.

Prescription Help shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to back-orders of requested Products, mail delays, customs delays, and lost shipments. Prescription Help shall not be responsible for notifying the Customer in the event of such delays. Customer shall be solely responsible for alternate arrangements to acquire alternate Products and any costs incurred in connection with such purchases.

Patient Authorization Agreement

Prescription Help which includes its officers, directors, affiliates, representatives, agents, contractors and sub-contractors (collectively, "Prescription Help") is an international prescription referral service committed to helping ensure that I, the undersigned patient ("I" or "Me"), am able to obtain medication, products and/or services ("Product") from licensed pharmacies. This Patient Authorization Agreement ("Agreement") shall govern all sales of Product facilitated by Prescription Help between me and any of Prescription Help's authorized pharmacies located in Canada, the United Kingdom, Australia, New Zealand, the USA, and elsewhere (collectively, the "Pharmacy"). I acknowledge and agree as follows:

  • I am the age of majority, am fully competent to make my own health care decisions and have obtained any prescription(s) for the Product in a lawful manner.
  • I must have been taking the prescribed medication for a minimum period of thirty (30) days immediately prior to the date that I submit my prescription to Prescription Help for filling.
  • I understand that it is my responsibility to have my prescribing physician ("My Own Physician") conduct regular physical examinations, including any and all suggested testing to ensure that I have no medical problems which would constitute a contraindication to me taking the Product. I certify that I have had a physical examination by My Own Physician within the last two (2) months from the date hereof.
  • I agree that if I suffer any adverse effects while taking any prescription medication that I will immediately contact My Own Physician and that in the event that I come under the care of another physician, I will inform him or her of any and all medications that I have been prescribed. I further acknowledge and agree that Prescription Help recommends regular physician examinations with My Own Physician whose care I am under and who initially prescribed my medications.
  • I agree and understand that it would be a violation of the law to falsify any information provided to Prescription Help, including, but not limited to, any information on the Prescription Help online order form ("Order Form"). I agree to truthfully, and to the best of my knowledge, answer all of the questions on the Order Form. I further agree and understand that I will be solely responsible for any adverse effects that I may suffer from taking or continuing to take the Product in the event that I have failed to fully furnish my complete and accurate medical history and/or if I fail to notify My Own Physician and Prescription Help of any change in my physical or medical condition.
  • I further understand that Prescription Help will only verify and provide Product that My Own Physician has already prescribed to me. No new prescription medications will be provided by Prescription Help. I also understand that no controlled medications, narcotics, tranquilizers, or other medications that Prescription Help decides are inappropriate, will be provided.
  • I appoint Prescription Help to act as my agent and attorney in order to take all steps that it deems necessary to have the Product dispensed by the Pharmacy, to the same extent as I could do if I were personally present at the Pharmacy, including: (a) collecting personal health information about me; (b) disclosing that information to and having a licensed physician perform an independent medical review in order to obtain a valid prescription for the Product; and (c) packaging the Product and delivering it to me. I hereby waive any requirement of the physician to conduct a physical examination. This authorization may be revoked by me at any time and shall continue until such revocation has been provided to Prescription Help, in writing.
  • There will be no additional fees charged to me in the event that an independent medical review is required to obtain a valid prescription for the Product.
  • I initiated contact with and understand that Prescription Help is not located in the United States.
  • The Product is sold and dispensed by the Pharmacy in accordance with the laws of the jurisdiction in which the Pharmacy is located. Title to the Product passes from the Pharmacy to me when the Product leaves the Pharmacy. The Pharmacy delivers the medication to my agent in the Pharmacy’s jurisdiction. Typically, this agent is a delivery service, in which case I give the Pharmacy or its agent authority to select the agent on my behalf.
  • Any and all physicians and/or pharmacists ("Providers") retained by Prescription Help in order to obtain the Product from the Pharmacy are located and licensed to practice in the jurisdiction in which they are located. Any treatment that I receive from the Providers shall be deemed to be received by me in the jurisdiction in which the Providers are located.
  • I understand and agree that the review of my medical information by a physician is in no way intended as a means to diagnose any medical condition and does not substitute the requirement for me to obtain my own professional medical advice from My Own Physician. I agree to a direct all questions to My Own Physician. I will consult My Own Physician before taking any new drug or changing my daily health regimen.
  • Any and all agreements reached or contracts formed and transactions undertaken with or involving the Pharmacy are and shall be deemed to be made in the jurisdiction of the Pharmacy and shall be governed by the laws of the jurisdiction of the Pharmacy applicable to such contracts, agreements and transactions (unless Prescription Help elects otherwise in its sole discretion). The Courts of that jurisdiction shall have sole and exclusive jurisdiction over any dispute that may arise between me and the Pharmacy and I agree to attorn to the Courts of that jurisdiction for any and all such dispute or disputes (unless Prescription Help elects otherwise in its sole discretion).
  • Prescription Help may communicate with me via email or telephone to discuss my order or pending refill order for the Product.
  • Not all of the services or products shown on Prescription Help's website are available in all jurisdictions.
  • Your credit card company may charge you a foreign transaction fee at their discretion which is in addition to the amount charged by Prescription Help. Foreign transaction fees are charged by the customers' card issuer and not by Prescription Help.
  • I acknowledge that the terms and conditions as found in this Agreement are readily available to me on a 24-hour basis from Prescription Help's website and acknowledge having had every opportunity to obtain independent legal advice with respect to this Agreement.

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

OR

I AM THE PARENT/LEGAL GUARDIAN/POWER OF ATTORNEY FOR THE CUSTOMER DISCLOSED HEREIN, AM OVER THE AGE OF MAJORITY, AND HAVE FULL AUTHORITY TO SIGN FOR AND PROVIDE THE ABOVE REPRESENTATIONS TO PRESCRIPTION HELP ON THE CUSTOMER’S BEHALF.