Last Updated: August 24, 2022
It is important that you read all the following terms and conditions carefully.
INTRODUCTION AND DEFINITIONS
Pocketpills offers the online Platform and the purchase and sale of goods including prescription fulfillment is completed solely between the Pharmacy and the user.
"Content" means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, tasks, activities, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.
"Patient Representative" means a person who consents to act and is authorized to act on the patient's behalf to manage the user's prescriptions and Services in compliance with applicable laws and regulations.
“Services” means all services made available by the Pharmacy through the Site and/or the Platform.
“Site” means the https://www.pocketpills.com and its related webpages and sites (including, without limitation, any mobile optimization website).
“Platform” means the PocketPills’ platform including the PocketPills’ mobile applications which are provided under license to the Pharmacy.
ACCEPTANCE OF TERMS AND CHANGES AND REVISIONS
DO NOT USE THE SITE FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY, OR CALL A PHYSICIAN OR QUALIFIED HEALTHCARE PROVIDER. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON ANYTHING YOU HAVE SEEN OR READ ON THE WEBSITE.
The information provided on the Site is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care. This information is not a substitute for professional health care. Always seek the advice of a properly licensed pharmacist, physician or other qualified health care provider concerning any questions you have regarding information obtained from this Site and any medical condition you believe may be relevant to you. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Always consult your pharmacist, physician or other healthcare provider before embarking on any new treatment. Information on the Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their various treatment options.
NO PHARMACIST-PATIENT RELATIONSHIP
Use of this Site does not establish a pharmacist-patient relationship between you and any of the pharmacists at a Pocketpills Pharmacy. The Site is not intended as a solicitation of individuals to become patients or clients of Pharmacy. A pharmacist-patient relationship will only be established following a communication between you and a Pocketpills pharmacist following your creation of a client profile through the patient portal services of the secured Platform or when you otherwise contact a pharmacist directly.
DRUG DISPENSING REQUIREMENT POLICIES
You must have a valid prescription from a physician or other healthcare professional licensed to practice and prescribe medications in Canada. Please note that only your doctor or healthcare professional can fax a prescription to the Pharmacy according to the regulations established by the applicable provincial College of Pharmacy.
The Pharmacy accepts prescriptions transferred from your old pharmacy. If you provide us with the name and confirm the correct pharmacy location or contact information of your old pharmacy and select the transfer of prescriptions service, you are consenting to the transfer of your prescriptions and we will coordinate the transfer for you.
To save time, you can use the Platform to take a picture of your prescription and submit it directly to us. We will send you a prepaid, priority envelope to mail us your prescription, since we cannot ship your medication without a physical copy of your prescription. We use the picture to sort and package your medication ahead of time so your medication is ready to ship as soon as we receive your prescription in the mail. If your prescription changes, have your doctor fax it directly to the Pharmacy, and we will update your file.
Before any prescription is released for shipping, a pharmacist will be in contact with you to discuss your medication for counselling. If you have a clinical question, you can privately consult with a pharmacist by calling the Pharmacy during the posted hours of operation.
The Pharmacy dispenses narcotics, controlled and targeted substances where permitted. Such deliveries may be limited to our local delivery area. For more information on the available delivery area, please contact the Pharmacy directly.
If you have refills of your medications at another pharmacy, submit a transfer request of your prescription from the other pharmacy to the Pharmacy. You can submit a transfer request through the Platform including the App or by phone.
When your prescription is due for a refill, the Pharmacy will notify you by phone or secure Electronic Communication, based on the preference you indicated when you created your Account. When you receive a refill notification, access the Platform and you will be shown how much medication you have left on your prescription and be given the option to refill your prescription, which will be shipped to you directly. When you are running out of refills, with your consent, the Pharmacy may contact your doctor or healthcare professional (when available) to get a new prescription. We will notify you promptly if we run into any issues with renewal.
If you need to refill a prescription early, are planning on travelling or going on vacation, call the Pharmacy and let us know the dates you will be away at your earliest convenience.
Safety and Quality
The Pharmacy advises you to always follow your doctor or healthcare professional’s instructions for taking your medication: take the prescribed amount of the medication for the prescribed length of time as advised by your physician. This is the best thing you can do to make sure you get the full benefits from your medication and prevent additional health complications. We understand that some medications may have unpleasant side effects or be difficult to administer, and that is why the Pharmacy’s pharmacists are available to offer clinical advice when dealing with these issues. The Pharmacy only dispenses medications that have been approved for sale by Health Canada.
Packaging and Child Safety Waiver
A pharmacy is required to dispense medication in a child-resistant container unless the patient has signed a waiver or verbally requested a non-safety vial or container or where a child-resistant container is not suitable due to the physical nature of the pharmaceutical.
POCKETPACKS ARE NOT CHILD RESISTANT AND SHOULD BE KEPT OUT OF REACH OF CHILDREN AT ALL TIMES. YOU ARE RESPONSIBLE FOR ENSURING NECESSARY SAFEGUARDS ARE IN PLACE TO KEEP CHILDREN FROM ACCESSING OR TAMPERING WITH YOUR MEDICATIONS STORED IN POCKETPACKS. BY REQUESTING POCKETPACK YOU ACKNOWLEDGE THAT YOU ARE REQUESTING PACKAGING THAT IS NOT CHILD-RESISTANCE AND ARE ACCEPTING THE RISKS THEREIN.
The Platform is owned by CasaHealth Tech. Inc and is licensed to the Pocketpills pharmacies. The Platform is made available to users under license. CasaHealth Tech Inc. is responsible for all content on the Platform and the Pharmacy is responsible for all products and services obtained through the Platform.
Changes to the Platform
PocketPills reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:
- modify, suspend or terminate operation of, or access to, any portion, features or functions of the Platform, Content or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms;
- make changes to any fees or charges, if any, related to your use of the Platform, Content or Services;
- make changes to the equipment, hardware or software required to use and access the Platform, Content or Services; and
- interrupt the Platform, Content or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.
Updates and Discontinuance of Platform or Services
PocketPills reserves the right, at any time and without notice or liability to you, to update, modify or reset certain parameters of the Platform or Services any of which may impact your use of the Platform and/or Services.
USE OF SERVICES AND YOUR ACCOUNT
Your Account and Security
You are responsible for protecting the confidentiality of your Login Information, and for restricting access to your computer, device or media system platform, and you agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account(s) or Login Information or to allow any other person to access to your Account(s). You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Login Information or your Account(s), or any other security breach involving your Account(s) or the Site or Services at email@example.com. We are not responsible for any unauthorized access of your Account(s) or Login Information even if you have advised us of such. You are responsible for all activities that occur under your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you. PocketPills strives to ensure the security of users’ data and Accounts, however, we cannot guarantee that unauthorized third parties will not circumvent our security measures.
Accessing your Account(s)
Each time that you log into and access an Account, you represent and warrant that:
- you are the person who registered the Account;
- all of the personal information registered in connection with the Account is current, complete and accurate;
- you are accessing the Site or Services solely for your own personal, non-commercial purposes;
- you are not, and are not acting on behalf of, any competitor or prospective competitor of PocketPills or its affiliates or subsidiaries;
- you are not accessing the Platform or Services for the purposes of any dispute or litigation involving PocketPills; and
- you are not accessing the Site or Services for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose.
Patient Representative Account Settings
You may add a family member or caregiver to your Account as your Patient Representative for the purpose of that Patient Representative managing your prescriptions and Services on your behalf. You are responsible for ensuring that the contact information for this Patient Representative is current, complete and accurate. The act of adding a Patient Representative to your account will give access and constitutes deemed consent for that individual to manage your prescriptions and Services on your behalf. This Patient Representative will then be contacted and asked to provide his or her consent to be your Patient Representative. This Patient Representative must not be a minor. After this process is completed, your Patient Representative will have the ability to manage your prescriptions and Services as an additional user whose Account is added to your Account.
You may also add a family member or person to whom you are a caregiver or representative to your Account for the purposes of managing this user's prescriptions and Services as a Patient Representative. If this user is an adult, you must provide his or her basic contact information. You are responsible for ensuring that the contact information for this user is current, complete and accurate. By adding a user to whom you are a caregiver or representative to your account, you are deemed to consent to being a Patient Representative for this user. This user will then be contacted and asked to provide his or her consent for you to be his or her Patient Representative. You may also act as a Patient Representative for a minor to whom you are a parent or legal guardian. The minor's consent is not required. After this process is completed, you will have the ability to manage the user's prescriptions and Services through your Account.
Service Monitoring and Suspension
You acknowledge and agree that any termination or suspension of your Account may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination or suspension of your Account, your access to the Site or Services.
Following any suspension of Services or termination of your Account, upon request, the Pharmacy will transfer your prescription to a pharmacy licensed in Canada of your choosing if the drug does not contain a controlled substance, and the transfer occurs between a registrant and another registrant or an equivalent of a registrant in another Canadian jurisdiction. The Pharmacy will ensure that continuity of care is provided in such a case.
Consent to Receive Electronic and Telephonic Communications
You consent to receive telephonic communications from PocketPills and the Pharmacy and electronic communications either in the form of email, SMS, MMS, or push notification to your mobile or electronic device or other forms of electronic messages sent to you at the addresses and accounts listed on your Account or by communications posted on or notifications through the Site and/or the Platform (collectively, "Electronic Communications"). You acknowledge and agree that any Electronic Communication shall satisfy any legal requirement that such communication or notification be in writing.
Upon registering an Account, you may receive Electronic Communications regarding the operations of our Services. You cannot opt-out of receiving these communications while you continue to use our Services. You may also receive promotional Electronic Communications while you use our Services. You can stop these Electronic Communications at any time by using the unsubscribe feature located in the footer of such Electronic Communications, where applicable, or by managing your Account settings accordingly. You may also use the settings on your mobile or other electronic devices to disable push notifications at any time. You cannot opt-out of Electronic Communications in the form of general notices on the Site to all users.
Text and Mobile Messaging Consents
Without limiting the generality of the foregoing, by downloading or using our applications, the Site, the Platform and the Services you agree that we may communicate with you regarding the Site, our Platform or Services or respond to your communications to us through the Services by Electronic Communications, including SMS, MMS, text message, push notifications or other electronic means directed to your mobile device.
DEVICES, MOBILE SERVICES AND MARKETPLACES
The Site may be available through certain mobile or other personal electronic devices. You acknowledge and agree that PocketPills is not responsible for ensuring that your device’s software is compatible with the Site or that you can use or access the Site or the Services through your particular device. If you are accessing the Services or the Site through a mobile device, you should check with your carrier to understand what voice, data and messaging rates will apply. In addition, the terms and conditions of the app store or marketplace from which you may have downloaded our application will also apply.
Digital Marketplaces and App Stores
If you download our applications from a third-party marketplace or app store (the “App Provider”), you acknowledge and agree that:
- the App Provider has no obligation to provide any maintenance and support services with respect to the applications;
- in the event of any failure of the applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between PocketPills and the App Provider, PocketPills’ responsibility;
- the App Provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications;
- you must also comply with all applicable third-party terms of service when using the applications.
We hereby grant you a personal, non-exclusive, non-transferable, non-sub-licensable, revocable license to use our applications downloaded directly from a legitimate marketplace or app store, solely in object code format and solely for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code.
Limited End User License
End-User License Term
PocketPills sends you an invoice for each transaction which includes the cost of your prescription and any over-the-counter medications. No charges are made without notifying you or your Patient Representative first and an Electronic Communication is sent before every shipment with the included items. PocketPills, through its third-party payment processor Moneris, accepts all major credit cards. We will charge your portion (if applicable) to the Visa, MasterCard or American Express you provide at the time of joining. It is your responsibility to make sure you pay your portion for your prescription and cover the cost of any over-the-counter products you purchase or your Patient Representative purchases on your behalf from PocketPills. If you cannot make a payment on time, call the Pharmacy to set up a payment plan.
PocketPills works with all major insurance plans.
Any outstanding balance after applying the pharmaceuticals coverage under your insurance will be charged to you as a copayment. You will be provided with a receipt for each prescription dispensed. When you make a purchase or your Patient Representative makes a purchase on your behalf, you or your Patient Representative must designate and provide information about your preferred payment method, including your insurance information and applicable credit card information for any copayment (“Payment Method”). When you provide any payment account information to PocketPills, you represent to PocketPills that you are the authorized user of that payment account or insurance policy. The initial claim will be directed to your drug plan first and to a spouse’s insurance plan second. You should submit claims for dependent children first to the plan of the spouse whose birth date is earliest in the year.
If you have any prior authorizations, PocketPills will work with your doctor and insurance company to handle it. We’ll be in touch with you so that you know how long the process will take.
To the maximum extent permitted by applicable laws, we may change the fee we charge for products or Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable product or Service, by posting the new prices on the Site or by otherwise notifying you through Electronic Communication.
CONTENT OWNERSHIP AND USE
Trademarks, Logos and PocketPills’ Branding
The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Site are the property of CasaHealth Tech Inc. or our third-party licensors. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of CasaHealth Tech Inc., which permission may be withheld in the sole discretion of the owner of the relevant Marks. Should you wish to contact CasaHealth Tech Inc. with respect to a trademark issue, email firstname.lastname@example.org. All Content available on or through the Site or Services is protected by intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial or public purposes.
LINKED SITES AND THIRD-PARTY SERVICES
PocketPills prohibits caching unauthorized hypertext links to the Site and the framing of any Content available through the Site. PocketPills reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any Linked Sites is at your own risk. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from those provided on the Site. PocketPills is not responsible for the policies, practices, condition and operation of any Linked Sites, and expressly disclaims any and all responsibility and liability to you if you access or use a Linked Site.
Services not Controlled by PocketPills or the Pharmacy
Some of the Content or Services may be accessible or give you the ability to use such Content or Services, on or through a website, service or device not controlled by PocketPills. For example, you may download, install or access the Content or Services through a mobile or web-based online marketplace or have the option to use the Content or Services online on servers not owned or controlled by PocketPills, or PocketPills may make the Content or Services available through servers that are not owned or controlled by PocketPills. PocketPills takes no responsibility for your access to or use of the Content or Services through or on any third-party device or service not controlled by PocketPills and otherwise has no control over how such services are offered, administered or operated. Any such use of services not controlled by PocketPills is at your own risk and may subject you to additional or different terms and conditions imposed by the third party that owns and controls such services.
Laws and Regulations
Your access to and use of the Site, Content or Services is subject to all applicable international, federal, provincial, state and local laws and regulations.
WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL CONTENT AND SERVICES ON OR THROUGH THE SITE, CONTENT OR SERVICES OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”), ARE PROVIDED TO YOU “AS IS” AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. POCKETPILLS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, CONTENT, SERVICES OR A LINKED SITE BY ANY PARTY OTHER THAN POCKETPILLS, OR THE CAPABILITIES OR RELIABILITY OF ANY SERVICE OBTAINED FROM A LINKED SITE. EXCEPT AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL POCKETPILLS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR A USER’S RELIANCE ON ANY SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT DISCLAIMED.
Limitation of Liability for Use of the Site, Content and Linked Sites
THE INFORMATION, CONTENT, SERVICES, AND DESCRIPTIONS OF CONTENT OR SERVICES PUBLISHED ON THE SITE OR A LINKED SITE, OR INCLUDED IN THE CONTENT OR SERVICES, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, POCKETPILLS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE OR LINKED SITES OR CONTAINED IN THE CONTENT OR SERVICES. POCKETPILLS MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE, CONTENT OR SERVICES AT ANY TIME.
YOU AGREE THAT POCKETPILLS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY, LOSS, ACCIDENT OR DEATH OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, CONTENT, SERVICES OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE SITE, CONTENT, SERVICES OR A LINKED SITE, EVEN IF POCKETPILLS IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT, DEATH OR DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS SOFTWARE WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF THE CONTENT OR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS ( e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. POCKETPILLS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE ACCESS TO THE SITE, CONTENT OR SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL POCKETPILLS BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO POCKETPILLS. APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF POCKETPILLS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO POCKETPILLS.
Limitation of Liability for Services Arranged Through the Site
YOU AGREE THAT POCKETPILLS IS A MERE REPRESENTATIVE FOR THE CONTENT PROVIDERS AND SUPPLIERS OF THIRD-PARTY GOODS AND SERVICES, OTHER THAN THOSE PROVIDED BY THE PHARMACY, AVAILABLE THROUGH THE SITE, CONTENT OR SERVICES AND POCKETPILLS DOES NOT ENDORSE OR CONTROL ANY SUCH CONTENT PROVIDERS, THIRD PARTY SUPPLIERS OR SUCH THIRD-PARTY GOODS OR SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE, BREACH, LOSS OR INJURY WITH RESPECT TO THE THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH CONTENT PROVIDERS AND THIRD-PARTY SUPPLIERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, POCKETPILLS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CONTENT PROVIDER OR OTHER SUPPLIER THROUGH THE SITE, CONTENT OR SERVICES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CONTENT PROVIDER OR SUPPLIER AND YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE POCKETPILLS AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL POCKETPILLS OR THE PHARMACY BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO THE PHARMACY.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF POCKETPILLS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), IN EQUITY OR UNDER ANY OTHER LEGAL CAUSE OF ACTION, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SITE, CONTENT OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO POCKETPILLS.
WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.
INFORMATION COLLECTION, OWNERSHIP AND USE
PocketPills welcomes your ideas, suggestions and recommendations for Site features, functionality and enhancements (“Feedback”). Any Feedback you provide to PocketPills will be deemed non-confidential and PocketPills will be free to use such Feedback without restriction and without any compensation or obligations to you.
We take feedback very seriously. If you have any concerns regarding PocketPills or our services, please call us toll-free at 1-855-950-7225 or email us at email@example.com. We will respond promptly to follow up.
Waiver and Severability