Legal Statement and Terms of Service

This Client Agreement  and Power of Attorney, also known as Client Agreement and Authorization, (this  “Agreement”), consisting of two (2)  pages, must be signed, dated and delivered to Canadian Pharmacy Service(“CPS”), a provider of international pharmacy referral and administration services, by any customer or client (“I” or “me”) who is  purchasing prescription medications (“Medications”)  through  CPS by using the  CPS prescription service. I acknowledge and agree with  CPS as follows: 
If  placing this order as a customer, I, on behalf of myself, my heirs, assigns and  successors, hereby agree to all of the following terms and conditions,  represent that I understand all of the following terms and conditions and that  I have had adequate opportunity to consult any advisors necessary, whether  medical, legal or otherwise.
If  I am placing the order on behalf of someone else, I represent that I have all  necessary consent, permission and authorization to do so on behalf of that  person and their heirs, assigns and successors and the person I represent  agrees to all of the following terms and conditions, understands all of the  following terms and conditions and has had an adequate opportunity to consult  any advisors necessary, whether medical, legal or otherwise.

							

						In the case of paragraph 1 above, if I do not agree with all of the following  terms and conditions, I agree that I will not place any orders.  In the case of paragraph 2 above, if I do not  have that person’s consent, permission or authorization or that person does not  agree with all of the terms below, I agree that I will not place any orders. 
I understand, acknowledge, and agree that all prescriptions are being provided by a CPS affiliated Canadian pharmacy and/or International fulfillment center and that the information and services provided by CPS are strictly for the purposes of assisting me in filling a prescription prescribed by a qualified physician licensed where I obtained the prescription. Furthermore, I understand, acknowledge, and agree that the medications I order through CPS may be filled and shipped by an approved fulfillment center located in a country outside of Canada (each referred to as an "International Fulfillment Center") and that these countries can include, but are not limited to, Australia, United Kingdom, New Zealand, Turkey, Singapore, India, Mauritius, and the United States.  I understand, acknowledge, and agree that the products I order are sourced from various countries including, but not limited to, Canada, United Kingdom, New Zealand, Turkey, India, Australia, and the United States. I understand, acknowledge, and agree that title to any product(s) ordered by me passes from the pharmacy or fulfillment center that fills my order to me when the products(s) are shipped.
I acknowledge that  CPS is required to have a licensed Canadian and/or International Physician (the “Canada MD” and “International MD” respectively) review my medical information and  that CPS and its delegates, employees and  contractors have relied on the information and documentation provided by me and  I represent that I have fully disclosed all pertinent requested information and  documentation to CPS. I understand and acknowledge that the International MD is a  medical physician fully licensed in a country outside of Canada.  I hereby waive any requirement to have the  Canadian and/or International MD conduct a physical examination of me. I  acknowledge that there are no fees charged to me arising from the  Canadian and/or International MD reviewing my medical information. If there is  any change to my physical or medical condition or any change in medications I  am taking, I shall notify  CPS of  such changes by providing an updated patient profile and medical history  questionnaire at the time I am ordering additional medications. I certify that  I have had a physical examination by a doctor licensed to practice medicine in  the country, state, or other applicable jurisdiction in which I reside (“My Own Physician”) within the last 12  months from the date hereof. I will also agree to a medical follow up with my physician after receiving my medications.
I hereby give permission to My Own Physician to release any and all medical information and  data whatsoever which  CPS, the Canadian and/or International Physician  or Pharmacist shall request for the purpose of performing a medical review to  determine whether the Medications prescribed by My Own Physician are  appropriate in the circumstances. I understand that this will include reviewing  the medical questionnaire and information submitted by My Own Physician and  that CPS, the Canadian and/or International Physician or Pharmacist may  contact My Own Physician for more information.
I understand that it is my responsibility to have My Own  Physician conduct regular physical examinations of me, including any and all  suggested testing by My Own Physician to ensure that I have no medical problems  which would constitute a contraindication  to me taking medications prescribed by  My Own Physician. I agree that should I suffer any adverse affects while taking  any prescription medication that I will immediately contact My Own Physician  and that in the event 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 AGREE THAT THE CANADIAN AND/OR INTERNATIONAL PHYSICIAN SHALL NOT BE  LIABLE FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE  CAUSED DIRECTLY OR INDIRECTLY BY ANY INADEQUACY, DEFICIENCY OR UNSUITABILITY OF  ANY PRESCRIPTION ISSUED BY THE CANADIAN AND/OR INTERNATIONAL PHYSICIAN OR THE  INADEQUACY, DEFICIENCY OR UNSUITABILITY OF THE CANADIAN AND/OR INTERNATIONAL  PHYSICIAN’S REVIEW OF MY MEDICAL INFORMATION. IN NO EVENT WILL THE CANADIAN  AND/OR INTERNATIONAL PHYSICIAN BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES WHATSOEVER,  INCLUDING, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN  IF ADVISED OF THE POSSIBILITY THEREOF. 
I understand and acknowledge that CPS is not a pharmacy and does not provide any medical advice. I further understand and acknowledge that CPS is an international pharmacy referral and administration service established to help me obtain my medications from an approved pharmacy or fulfillment center. 
Authorization, Consent and Power of Attorney* I hereby authorize and appoint Canadian Pharmacy Service and its agents, affiliates, employees and  contractors as my agent and attorney for the limited purpose of taking all  steps and signing all documents on my behalf necessary to obtain a prescription  from a licensed Medical Doctor in Canada or other country that is the  equivalent of the prescription included in this order, to the same extent as I  could do personally if I were present taking those steps and signing those  documents myself. This authorization shall include, but not be limited to:  collecting personal health information about me; collecting similar information  from my prescribing physician or pharmacist, and disclosing that personal  health information to CPS employees,  agents, affiliates, contractors, and service providers including the Canadian  and/or International Physician being retained on my behalf, as required, for  the limited purpose of obtaining the Canadian and/or International  prescription, and purchasing and arranging delivery of the medications  prescribed in the Canadian and/or International prescription.
*  I hereby consent to CPS, the Canada and International MD, and any approved Canadian pharmacy and International Fulfillment Center supplying my order, collecting my personal and medical information, maintaining the information necessary to quickly process future orders which may include retaining on file my name, address, phone number, medical information, payment and other information and verifying future orders.
* I confirm that my personal and medical information will be handled only by CPS order-processing employees and contractors (including physicians and nurses, pharmacists and pharmacy technicians) in accordance with CPS’s Privacy Policy, which is published on the CPS website.  CPS reserves the right to amend its Privacy Policy from time to time by posting the updated policy on its website. As a CPS customer, I agree to review the Privacy Policy each time I submit an order.
*  I hereby acknowledge and understand that CPS will in all instances substitute generic drug equivalents unless specified  otherwise by My Own Physician or myself.   I also understand that   CPS  will in all instances use Canadian or  International drug equivalents, including generics, to fill my order, and therefore  brand names may vary.  I understand and  acknowledge that International drug equivalents refer to drug equivalents from  countries outside of Canada. 
*  I hereby specifically acknowledge that I am aware that CPS will be transmitting my personal health information by  electronic means (for example fax, secure internet) to its employees, agents,  contractors, affiliates and service providers including the Canadian and/or  International Physician retained on my behalf. I understand that the use of  electronic means will enhance the efficiency and timeliness of processing my  order. I also understand that  CPS ,  as a custodian of my personal health information will take all appropriate  precautions to protect my personal health information from improper disclosure  or use. I hereby consent to CPS's  transmission of my personal health information by electronic means.
*  If I was directed to CPS's services  through an affiliate or intermediary (for example Pharmacy Benefit Manager,  Health Management Organization, or other healthcare service provider), I hereby  authorize CPS to release the  following data to such an intermediary:
a  numerical identifier indicating that I was a patient referred from that source;
financial information that will permit the  processing of any claims on my behalf;
It  is my understanding that all such intermediaries will enter into  Confidentiality Agreements where they agree to abide by the privacy policies of  CPS relating to the protection of my  personal health information. I specifically consent to the transmission of the  forgoing information by electronic means.
Disclosure And Representations
					*  I represent that ALL of the  following statements are true and agree that CPS and its employees and contractors (physicians and nurses,  pharmacists and pharmacy technicians) are relying on these representations:
				
I am of the age of majority or older where I reside;
I  can make my own medical decisions according to the law of the country, state,  or other applicable jurisdiction where I reside;
The  prescription I am requesting CPS to  assist me in obtaining was prescribed by a qualified physician licensed where I  obtained the prescription;
The  prescription I am requesting CPS to  assist me in obtaining has not been altered in any way nor has it been filled  prior to submission to  CPS. I agree  to immediately destroy all copies of my prescription once it has been filled; 
The  prescription I am requesting  CPS to assist me in obtaining is not more  than one year old from the date the prescription was originally written; 
With  respect to any of the medications  which  I now or hereinafter order from  CPS, I will take the same for at least  30 days immediately prior to  the date  that I submit my order to  CPS;
I  am not violating any laws where I reside by placing this order;
I  will use any medication obtained for me by  CPS strictly according to the instructions provided by the physician who prescribed  the medication;
I  am placing this order for medication for my sole use and I will not provide any  quantity of this medication to any other person;
I  am not seeking or relying on any medical information from  CPS and I have consulted a qualified physician licensed where I  obtained the prescription within the last year; and
I  will immediately contact the physician who provided my prescription included  with this order or my primary physician in the event I suffer any unexpected side effects from any  medication obtained for me by  CPS.

						I understand, acknowledge, and agree that by placing my order (or initiating my order) through the Canadian Pharmacy Service website, I become a customer of Canadian Pharmacy Service and therefore may receive communications from Canadian Pharmacy Service concerning my order or other promotional offers.
					
* Canadian Pharmacy Service has made no representations or warranties to  me, including, without limitation, representations or warranties with respect  to any delivered medications’ usefulness or fitness for a particular purpose  (including, without limitation, its appropriateness for curing or helping  relieve any particular ailment, illness or disease, or its potential or actual  side or adverse effects whether previously known or unknown).
Purchase And Sale Terms*  CPS will charge my credit card the  following amounts for each order: the TOTAL COST  OF THE MEDICATIONS as posted on the   CPS Website or   CPS internal pricing  system on the day   CPS receives my  order and SHIPPING AND HANDLING COST for each package   CPS ships.
				
* In the event my payment is not authorized,    CPS  has the right to cancel my  order and attempt to provide me with notice of such cancellation. 
*   CPS will  charge my credit card a $30 fee for each cancelled order.
*   CPS reserves the right to refuse to  assist me in obtaining any order in its sole discretion, in which event I will  be entitled to a refund for monies paid for such order.
*   CPS does not provide its agent or  attorney services as a substitute for health care or the advice of a physician. 
*   CPS will not exchange medication or return any monies paid once an order is filled, unless the medication provided to me by the supplying pharmacy or fulfillment center does not correspond with my prescription.
Release And Waiver* I hereby release and save   CPS and its employees, officers, directors, delegates, agents,  affiliates and contractors (including physicians and nurses, pharmacists and  pharmacy technicians) harmless from any and all suits, demands, liabilities,  claims, actions, expenses, losses and damages of any kind or nature whatsoever,  including, without limitation, general, direct, special, indirect and  consequential damages and costs of litigation (including reasonable attorney  fees) arising from:
my  use of the medication obtained for me by   CPS including, without limitation, any and all side effects whether previously  known or unknown;
 CPS or  its contractors’ manner or timeliness of completing any actions I have  authorized above, including, without limitation, their manner or timeliness in  prescribing the appropriate strength, dosage, or dispensing generic drugs and  non-child-protective packaging; and
my  breach of any terms, conditions or representations or warranties in this  agreement.
Nothing  in this release shall be deemed to release any   CPS affiliated pharmacy or fulfillment center or pharmacist contractors from compliance with the applicable standards of practice or usual professional duties and obligations, which a pharmacist owes.
* If any term or  provision of this agreement is determined to be invalid or unenforceable by any  court, such determination shall not invalidate the rest of this agreement which  shall remain in full force and effect as if the invalid term or provision had  not been made part of this agreement.
Governing Law* I specifically acknowledge and agree that any dispute that arises between me and CPS or any of the CPS agents shall:
a.	insofar as such dispute relates to CPS or any of CPS's agents located in Canada, be governed by the laws of the Province of British Columbia and the law of Canada applicable to contracts formed in British Columbia, and that the Courts of the Province of British Columbia shall have sole and exclusive jurisdiction over any such disputes; and
b.	insofar as such dispute relates to any CPS agents located elsewhere in the world, the disputes should be governed by the local laws applicable to the contracts formed in that jurisdiction and the courts of that jurisdiction shall have sole and exclusive authority over any such dispute.

				
				I, the client, have read, understood and  agree to all of the foregoing in this two (2) page document entitled ‘Client Agreement & Power of Attorney’.
				
				
Please contact us if you do not understand these terms of service or want us to clarify something by sending us an email.