please read these terms & conditions of use carefully. by accessing or using this internet based marketplace, you agree to be bound by the terms described herein and all terms incorporated by reference. if you do not agree to all of these terms, do not use this internet based marketplace.
Ownership and Operational Declaration
The domain name GenuineDrugs123.com and the services therein, are an internet based portal and an e-marketplace, owned and operated by GenuineDrugs123 / BCL, a company duly incorporated under the provisions of the Companies Ordinance, Hong Kong (hereinafter referred to as "We" or "Our” or "Us” or "Company”). The domain name and the website application are collectively referred to as the "Website” or "Site”.
All offers and services on the website are provided on an "as is", "as available" basis and we specifically disclaim warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose.
No oral advice or written information, except as under, given by us or our affiliates, or any of our officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like, shall create a warranty.
This Website Does Not Provide or Replace Healthcare Advice
This website is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on this website, including information that may be provided on this website directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information provided on this website and linked websites, including information relating to medical and health conditions, treatments and drugs & medications may be provided in summary form. Information on this website including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. This website does not recommend self-management of health issues. Information on this website is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on this website.
All information contained on the Site, including information relating to medical and health conditions, drugs & medications and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels.You should not use the information or services on this website to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacture and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different drugs & medications. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on this website by employees or website users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent the position or view of The Company. Product ratings by any current or previous employees or website users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.
You should not use the information contained on the site for diagnosing a health problem or prescribing a medication. you should carefully read all information provided by the manufacturers of the drugs & medications on or in the product packaging and labels before using any product purchased on the site. you should always consult your own physician and medical advisors. information and statements regarding dietary supplements have not been evaluated by the food and drug administration and are not intended to diagnose, treat, cure, or prevent any disease.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site from third parties not associated with us. We encourage discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
The drugs posted on this website are considered not to represent an unreasonable risk. All risks associated with the medicines are either mentioned on the drugs page itself and/or in the drug leaflet the client will receive. Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the Company immediately for clarification as to product labeling and packaging details and recommended use. Website does not allow the posting on the site of any narcotics or controlled substances including Benzodiazipines. Visitors are required to bring it to the attention of the Company if any such products are found to be posted and desist from placing any order for the same while indemnifying the Company on any misaction by them or the Third Party Pharmacy in making any purchase / sale of such products.
The Company is not liable for any information provided on this website with regard to recommendations regarding supplements for any health purposes. The drugs & medications or claims made about specific nutrients or drugs & medications have not been evaluated by the Hong Kong Health Department. Drug products are not intended to treat, prevent or cure all disease. Consult with a healthcare professional before starting any drug, supplement or exercise program. The Company makes no guarantee or warranty with respect to any drugs & medications or services posted on this site.
The use of the site is at your sole risk. neither we, nor our affiliates, nor any of our officers, directors, or employees, agents, third-party content providers ("providers"), merchants ("merchants"), sponsors ("sponsors"), licensors ("licensors"), or the like (collectively, "associates"), warrant that the site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the site.
The Company is not responsible for any damages for information or services provided even if The Company has been advised of the possibility of damages.
Liability Disclaimer
You agree that the use of the website is at your sole risk. The website and the materials contained herein are provided on an "as is" and "as available" basis, except as otherwise expressly provided in this agreement. The Company and other affiliated companies and their respective officers, directors, employees and other representatives, successors and assigns of any of them (collectively, "The Company entities") expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Company entities make no warranty that the website will meet your requirements, the website will be timely, secure, error free or uninterrupted, the results obtained from the website will be accurate or reliable, the quality of any drugs & medications, services, information or other material obtained by you through the website will meet your expectations and any website errors will be corrected. Any material downloaded or otherwise obtained through the website is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any material. No information obtained by you from The Company entities or through the website shall create any warranty not expressly stated in this agreement.
All drugs & medications and services purchased through the website are subject only to any applicable warranties of their respective manufacturers, distributors or suppliers, if any. To the fullest extent permissible by applicable law, The Company entities disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the drugs & medications and services listed or purchased on the website. Without limiting the generality of the foregoing, the Company entities expressly disclaim all liability for product defect or failure, claims attributable to normal use, product misuse or modification, abuse, incorrect product selection and not following printed directions.
To the maximum extent permitted by applicable law, in no event shall The Company entities be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the website, including any liability as a publisher of information, advertiser of any drugs & medications or services, for any defective drugs & medications, for any incorrect information or inaccurate information, for any unauthorized access to or disclosure of your transmissions or data, for statements or conduct of any third party on the website or for any other matter relating to the website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, incidental, special or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if The Company entities are advised of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the arrangement between The Company and you. The drugs & medications, information and services offered on and through the website would not be provided without such limitations. Notwithstanding the foregoing, the sole and entire maximum liability of The Company entities for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from any source advertiser on the website.
Because some states and/or jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, accordingly, some of the above disclaimers and limitations may not apply to you. If you are dissatisfied with any portion of the website, or with any of the Terms & Conditions of Use contained in this agreement, your sole and exclusive remedy is to discontinue using the website.
Hypertext links to other sites are for the convenience of our Web site viewers and do not constitute any endorsement by our site. Please be aware that the Internet sites available through these links, and the material that you may find there, are not under the control of our site. Therefore, we cannot and do not make any representation to you about these sites or the materials available there, and the fact that we have made these links available to you is not an endorsement or recommendation to you by our site of any of these sites or any material found there. The inclusion of links from this site does not imply endorsement by our site. Our site makes no endorsement, express or implied, of any links to or from its site, nor is it responsible for the content or activities of any linked sites. Any questions should be directed to the administrator(s) of this or any other specific sites. If you find a link that is inactive or you have any questions or concerns about a link, please contact the webmaster. If you have reached our web site through a third party link that you have found inappropriate or offensive, please contact us so the link can be evaluated.
Indemnification
You agree to indemnify, defend and hold harmless The Company from and against all losses, expenses, costs and damages including attorney's fees resulting from your use of or contact on the website, your use or your inability to use the website or services, any drugs & medications or services purchased or obtained by you in connection with the website, any website postings or activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without prior written consent of The Company.
The Company reserves the right to final decision in case of any disputes.
Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms & conditions (hereinafter referred to as the Terms & Conditions of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms & Conditions of Use constitutes a legal and binding contract between you (hereinafter referred to as "You” or "Your” or "Buyer” or the "User”) on one part and The Company on the other Part.
By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms & Conditions of Use. Further, by impliedly or expressly accepting these Terms & Conditions of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy, Patient Authorization Agreement, Customer Agreement, Comprehensive and General Disclaimer and such other rules, guidelines, policies, terms & conditions as are relevant under the applicable law(s) in Hong Kong and other applicable jurisdictions of the seller pharmacies for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms & conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms & Conditions of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms & conditions of use and privacy policy, as may be specified on such website. In such event, the terms & conditions of use and privacy policy applicable to that website will govern Your use of that website.
The Website is a marketplace that provides a service for (i) a direct purchase of pharmaceutical drugs & medications from various third party pharmacies and manufactures ("Third Party Pharmacies”); (ii) advertisements of various sponsors advertising and marketing their own good and services ("Third Party Advertisers”). The Third Party Pharmacies and the Third Party Advertisers are collectively referred to as the "Third Party Service Providers”. (The services of Third Party Services Provider and the information services is collectively referred to as the "Services”).
The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms & Conditions of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as "You” or "Your” or "Yourself” or "User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, The Company shall send to You (promotional content including but not limited to emailers, notifications and messages).
You agree and acknowledge that the Website is a marketplace that You and Third Party Service Providers utilize to meet and interact with another for mutual transactions. The Company is not and cannot be a party to or save as except as may be provided in these Terms & Conditions of Use, control in any manner, any transaction between You and the Third Party Service Providers.
The Company reserves the right to change or modify these Terms & Conditions of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms & Conditions of Use and applicable policies to understand the terms & conditions that apply to Your use of the Website.
As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms & Conditions of Use, You represent and warrant to The Company that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms & Conditions of Use.
These Terms & Conditions of Use is published in compliance of, and is governed by the provisions of Hong Kong laws, including but limited to:
the Contracts (Rights of Third Parties) Ordinance ("Contracts Ordinance”);
the Electronic Transactions Ordinance, Hong Kong ("ET Ordinance”) and the rules, regulations, guidelines and clarifications framed thereunder;
the Hong Kong Consumer Protection Legislations.
The Company authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms & Conditions of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content ("Third Party Content”) as well as in-house content provided by The Company including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals ("The Company Content”) (collectively, "Content”).
Compliance with these Terms & Conditions of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
These Terms & Conditions of Use constitute an electronic record in terms of the ET Ordinance and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Eligibility
For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by The Company in this regard. As part of the registration process, The Company may collect the following personal information from You:
Name;
User ID;
Email address;
Address (including country and ZIP/ postal code);
Gender;
Age;
Phone number;
Password chosen by the User;
Valid financial account information; and
Other details as You may volunteer.
The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contracts Ordinance. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms & Conditions of Use and represent and warrant to The Company that you are ‘competent to contract’ under the Contracts Ordinance and have the right, authority and capacity to use the Website and agree to and abide by these Terms & Conditions of Use.
A registered ID can only be utilized by the person whose details have been provided and The Company does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify The Company if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by The Company for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, The Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. The Company does not store personally identifiable information in the cookies.
Use of Services and the Website:
Marketplace to facilitate transaction of business:
Through the Website, The Company only facilitates the advertisement and security of payment made for the purchase of drugs and other pharmaceutical drugs & medications, and services offered for sale by Third Party Pharmacies ("Pharmaceutical Goods and Services”). You understand and agree that The Company and the Website merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party drugs & medications. The Company has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third Party Pharmacies through the Website shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that The Company shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.
The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services. The Company does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Pharmacies.
The website does not explicably or inexplicably promote or commercializes the Third Party Pharmacies drugs & medications to US. Residents. You understand that the website and its advertising / seller pharmacies are not located in the US and undertake to have initiated contact with them at their own informed decision.
If a US Resident purchases the medicine by getting to know of the website or the company, FDA has authorized its officers to use their enforcement discretion to allow residents to order certain drugs & medications under certain limited conditions (a three months’ supply). Under this policy, the FDA may allow the residents to bring into their country drugs for their personal use for a serious condition, if there has been no commercialization or promotion of the drugs to the residents. You explicitly understand that there is no commercialization or promotion of the drug to US residents.
In compliance to US Laws, all shipments to any US address can be made only if the medicines are not used for the treatment or intake of any US Citizen and are only being ordered for reshipment by the consignee to any of his/her relative/friend in the South American countries or will be used for R&D/Test or Analysis/Scholarly study use only.
The medicine supplied by the pharmacies are for personal use, not for commercial exportation or importation by mail and is not for a re-sale. The buyers are purchasing it because it is unavailable in their country. Website is not liable for any customs and legal implications including forfeiture, seizure and / or auction. Any such legal implication or notice shall be forwarded to the purchaser.
Representation as to legal title
The Company does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website. At no time shall any right, title, claim or interest in the drugs & medications posted or displayed on the Website vest with The Company nor shall The Company have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.
You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.
NON-PERFORMANCE OF CONTACT
You accept and acknowledge the following:
The Company is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Pharmacies for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website;
The Company cannot and does not guarantee that the concerned Third Party Pharmacies will perform any transaction concluded on the Website;
The Third Party Pharmacy(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, The Company is not responsible if the Third Party Pharmacy(s) does not satisfy the contract for sale of Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and
The Company shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Pharmacies. In particular, The Company does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.
Exhibition of drugs and publication of Third Party Pharmacies content on the Website
You agree and acknowledge that the respective Third Party Pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical drugs & medications or services, and information in relation to such drugs/ pharmaceutical drugs & medications or services, on the Website.
The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
You acknowledge and agree that such Third Party Pharmacies shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that website provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that The Company has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third Party Pharmacies on the Website. Further, it is hereby clarified that the Third Party Pharmacies are offering the Pharmaceutical Goods and Services for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act / Drug rules of their respective countries. You agree and acknowledge that You shall not hold The Company responsible or liable for any damages arising out of such reliance on third party user generated content by You.
PRESCRIPTION DRUGS
The Website is a marketplace that can be used by the Users to purchase various drugs and pharmaceutical drugs & medications that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine ("Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website, You are required to upload a scanned copy of the valid prescription on the Website and/or email the same to The Company. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by The Company until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by You and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by You, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered. The only case where a prescription is not required for the acceptance of order and delivery to the shipping agent is where the drugs are required for research/scholarly studies only and will not be used for human consumption and the buyer declares the same at the time of placing the order. Any liability for a wrong declaration of the End-Use lies on the buyer and the buyer indemnifies the company for any such wrong declaration.
The individual importing the drug accepts that it is for his or her own use, and provides contact information for the doctor providing treatment or shows the product is for the continuation of treatment begun in a foreign country. The Company is not required to maintain a record of all the prescriptions uploaded or sent by any medium by the Users nor is it liable for the record maintenance by the Third Party Pharmacy(s) .
SUBSTITUTION OF PRESCRIBED DRUGS
You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy(s) would not dispense a substitute drug in place of the Prescription Drug.
INVITATION TO OFFER FOR SALE
Notwithstanding anything else contained in any other part of these Terms & Conditions of Use, the listing of drugs and other pharmaceutical drugs & medications on the Website by the Third Party Pharmacy(s) is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’ and all mention anywhere on the site of ‘offer for sale’ may be construed to mean an ‘invitation to an offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Pharmacy(s) ("Offer”). Post the Offer from the Third Party Pharmacy(s), The acceptance of the Offer would only be undertaken by the Third Party Pharmacy(s) after the validation/ verification of the prescription by such Third Party Pharmacy(s) (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical drugs & medications), by way of a confirmatory email to be sent to You.
For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Third Party Pharmacy’, as appearing in these Terms & Conditions of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Third Party Pharmacy.
TRANSFER OF TITLE AND COMPLETION OF SALE
Upon acceptance of the Offer by the concerned Third Party Pharmacy(s) (being the brick and mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Pharmacy, wherever required under the applicable law(s).
You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Third Party Pharmacy(s) itself, the end point of the sale shall be considered to be the address of the Third Party Pharmacy(s) and subject to the jurisdiction of the country location of the Third Party Pharmacy.
The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Third Party Pharmacy(s) (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
DELIVERY OF DRUGS
You further accept and acknowledge that The Company and the Third Party Pharmacy(s) does not engage in the distribution of the Pharmaceutical Drugs and Services.
The Pharmaceutical Drugs shall be delivered by independent shipping transporter/ courier/ delivery personnel ("Shipper”). You accept and acknowledge that You have expressly requested the Third Party Pharmacy(s) to engage the Shipper on your behalf, the Shipper shall be independent contractors in-charge of the delivery of the Pharmaceutical Drugs and Services from the concerned Third Party Pharmacy(s) to the address notified by You, the Third Party Pharmacy(s) will not be deemed to have made the shipment to You, the point of sale ends with the delivery of the drugs & medications to the Shipper engaged by you and the Third Party Pharmacy(s) will henceforth have no control over the Pharmaceutical Drugs and Services and no additional obligation.
Other Terms
Your Profile, Collection, Use, Storage and Transfer of Personal Information:
Your profile may be created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.
Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. The Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for The Company’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
For additional information regarding use of information about You, please refer to the Privacy Policy.
The terms "personal information” and "sensitive personal data or information” are defined as.
The Privacy Policy sets out:
the type of information collected from Users, including sensitive personal data or information;
the purpose, means and modes of usage of such information; and
how and to whom The Company will disclose such information.
The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
the fact that the information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
The Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to The Company or any other person acting on behalf of The Company.
The use of the Website involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by The Company from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify The Company of any actual or suspected unauthorized use of the Users’ account or password.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or The Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company shall have the right to suspend or terminate such account at its sole discretion.
The Company may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. The SPI Rules only permit The Company to transfer sensitive personal data or information including any information, to any other body corporate or a person in Hong Kong, or located in any other country, that ensures the same level of data protection that is adhered to by The Company as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between The Company or any person on its behalf and the user or where the User has consented to data transfer.
By accepting these Terms & Conditions of Use and by registering on the Website, You consent to be contacted by Us and by the Third Party Service Providers and You further consent to receive emails and messages (SMS) notifications and information at any time from Us and from Third Party Service Providers.
PAYMENT, FEES AND TAXES:
Registration on the Website and the access to the information provided on the Website is free. The Company does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the respective Third Party Pharmacies for purchase of Pharmaceutical Goods and Services from such Third Party Pharmacies. The Third Party Pharmacies may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold The Company responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third Party Pharmacies or the collection agents or for any actions/ omissions which are beyond the control of The Company.
Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The Company is in no way responsible for any of the taxes except for its own income tax.
The subscription fees for the Services, if any charged by The Company, could be paid through the facility made on the Website. Third parties support and services are required to process online fee payment. The Company is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of The Company.
All fees are exclusive of applicable taxes.
The Company reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
In order to process the payments, The Company might require details of User’s/ Third Party Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how The Company uses the confidential information provided by Users.
RETURN, REFUND, CANCELLATION AND SHIPPING CHARGES:
We offer return and refund on the drugs & medications and Services ordered by You on the Website only if they are other than those ordered / as specified in the Order Invoice. Any change to the prescribed medicine by the patient’s physician over time or any discontinuance due to any other reason whatsoever will not cause any obligation or responsibility on the company or the pharmacy to accept any return or make any refund for such reasons. All drugs are Generic unless otherwise specifically mentioned to be a Branded Drug / Brand Name medication. The Shipping Charges do not include any Customs Duty Tax charged in the Destination country which need to be paid and the customs clearance process taken care of by the buyer. The company and/or the pharmacy will not be responsible for any destruction or Return-to-Origin of the parcel for the beforementioned customs tax non-payment or customs non-clearance reasons. The service of the company in case of a Return-to-Origin parcels will be limited to accepting the returned parcel and reshipping it by an alternate courier service informed by the buyer to the same or any alternate country destination and the buyer will need to make a prepayment of all the charges related to the return and reshipment of the parcel to the same or the new destination country. Any non-followup or inaction by the buyer in this regard will not be a cause to make claim for any Return, Refund or Cancellation of the Order and its value from the company or the pharmacy. All medications once delivered are not returnable unless agreed by the shipping pharmacy. No liability of any kind arises on the company for any decision by the pharmacy.
Covenants: (Covenanters for the purposes of these Terms & Conditions of Use shall include the Users and the Third Party Service Providers):
Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
belongs to another person and to which the such Covenanter does not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
violates any law for the time being in force;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
is prohibited under applicable law(s) for the time being in force including Pharmacy and Poisons Ordinance and Pharmacy and Poisons (Amendment) Ordinance 2015, Hong Kong; and
threatens the unity, integrity, defense, security or sovereignty of Hong Kong, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
violating or attempting to violate the integrity or security of the Website or any The Company Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by The Company;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other Covenanters;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the The Company Content or other information available from the Website; and
framing or hotlinking or deeplinking any The Company Content.
The Company, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms & Conditions of Use. The Company shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable law(s), rules or regulations, or these Terms & Conditions of Use or the Privacy Policy by a Covenanter, The Company has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.
Liability
The Company shall not be responsible or liable in any manner to the Users or any Third Party Service Providers (collectively referred to as the "Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by The Company, where Other Parties have consented to the making of such disclosures by The Company. If the Other Parties had revoked such consent under the terms of the Privacy Policy, then The Company shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by The Company prior to its actual receipt of such revocation.
The Other Parties shall not hold The Company responsible or liable in any way for any disclosures by The Company.
The Services provided by The Company or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Company does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. The Company does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the The Company Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
The Website may be linked to the website of third parties, affiliates and business partners. The Company has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that The Company endorses the linked website. Other Parties may use the links and these services at their own risk.
The Company shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; The Company shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
Users accept and acknowledge that The Company does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ drugs & medications and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ drugs & medications (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/drugs & medications being offered for sale by them on the Website. The Company also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
The Other Parties further accept and acknowledge that The Company does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the The Company Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by The Company or any Third Party Service Providers in relation to any Services provided by The Company.
The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
To the maximum extent permitted by applicable law(s), The Company, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees ("Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any drugs & medications or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
The Company disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third Party Labs or the Third Party Pharmacies as the case may be.
The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. The Company reserves the right to retain such information for the purpose of providing Services to the Users.
The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a marketplace for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
In no event shall the total aggregate liability of the Protected Entities to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms & Conditions of Use or any Other Parties’ use of the Website exceed an aggregate amount of HKD 100/- (Hong Kong Dollars One Hundred only). The Company accepts no liability for any errors or omissions on behalf of the Other Parties.
In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.
INDEMNITY
The Covenanters agree to defend, indemnify and hold harmless The Company, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms & Conditions of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their INTELLECTUAL PROPERTY RIGHTS; or (d) Covenanters conduct in connection with the Website.
FORCE MAJEURE
The Company reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that The Company will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
Intellectual property rights
All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
COMPLIANCE OF APPLICABLE LAW
The Users must also ensure that the prescription uploaded on the Website or emailed to The Company for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Third Party Service Providers or to The Company, as a result of any dispensation of Prescription Drugs by the Third Party Service Providers owing to the non-compliance by the User in this regard.
Termination (Parties for the Purpose of these Terms & Conditions of Use shall collectively mean the Other Parties and The Company)
The provisions of these Terms & Conditions of Use shall continue to apply until terminated by either of the Party as set for below:
In case of Other Parties wanting to terminate these Terms & Conditions of Use, Other Parties may do so by:
not accessing the Website; or
closing their accounts for all of the Services that they use.
The Company reserves the right to, at any time, and with or without notice, terminate these Terms & Conditions of Use against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms & Conditions of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time (or have acted in a manner that clearly shows that Other Party(s) do not intend to, or are unable to, comply with the same); or
The Company is unable to verify or authenticate any information provided to The Company by Other Party(s); or
The Company believes, in its sole discretion, that Other Party(s) actions may cause legal liability for The Company (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
The Company is required to do so by law; or
if Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for The Company to provide the Services to the Other Party(s); or
The provision of the Services to the Other Party(s), or to the general public, is in The Company’s opinion, no longer commercially viable; or
The Company has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
The Company may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
Upon termination of these Terms & Conditions of Use, The Company shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Other Party(s) content from the Website with or without ability to access the Website and the other Services, upon any breach by the Other Party(s) of these Terms & Conditions of Use or if The Company is unable to verify or authenticate any information the Other Party(s) submits to The Company, or if the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for The Company to provide the Services to the Other Party(s).
The right to terminate/ suspend the account is in addition to, and without prejudice to, The Company’s right to initiate action against the Other Party(s), in accordance with applicable law.
FORCE MAJEURE
Other Parties accept and acknowledge that The Company shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of The Company or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond The Company’s reasonable control ("Force Majeure Event”). In the event of any Force Majeure Event arising, The Company, depending on whose performance has been impacted under the Terms & Conditions of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.
GOVERNING LAW AND DISPUTE RESOLUTION
The contract for sale for any product You purchase from the the Third Party Pharmacy(s) that has posted its drugs & medications on GenuineDrugs123.com occurs in and is completed in the jurisdiction in which the Third Party Pharmacy(s) is located. Title to any product ordered by You passes to You at the time the product leaving the Third Party Pharmacy(s) premises. You understand and agree that by using the e-marketplace platform of GenuineDrugs123.com You are buying the drugs & medications from a Third Party Pharmacy(s) located in Australia, Canada, EU, India, New Zealand, Singapore, Switzerland and Turkey. You understand and agree that the drugs & medications posted on the site are directly sold by the Third Party Pharmacy(s) and may be sourced from and manufactured in countries other than those listed above, including but not limited to countries as mentioned above.
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 Website elects otherwise in its sole discretion) . The Courts of that jurisdiction shall have sole and exclusive jurisdiction over any dispute that may arise between You and the Pharmacy and You agree to attorn to the Courts of that jurisdiction for any and all such dispute or disputes (unless Website elects otherwise in its sole discretion).
You understand and agree that the drugs & medications supplied from the the Third Party Pharmacy(s) follow all the local legal regulations in selling pharmaceutical drugs & medications but may not be located in the USA. The Product is directly sold and dispensed by the Pharmacy in accordance with the laws of the jurisdiction in which the Pharmacy is located. The role of the company is just limited to the collection of the order amount and disperse it to the seller Pharmacy on being informed of the dispatch of the Order to the buyer and the Company earns a financial commission for this financial service. Title to the Product passes from the Pharmacy to You when the Product leaves the Pharmacy. The Pharmacy delivers the medication to Your Shipper in the pharmacy’s jurisdiction. Typically this agent is a delivery service, in which case You give the Pharmacy or its agent authority to select the Shipper on your behalf.
Any and all physicians and/or pharmacists ("Providers") advertising their drugs on the GenuineDrugs123.com e-marketplace are located and licensed to practice in the jurisdiction in which they are located. Any treatment that You receive from the Providers shall be deemed to be received by You in the jurisdiction in which the Providers are located.
These Terms will be governed by and construed in accordance with the laws of the jurisdiction from which drugs & medications are shipped to You (unless GenuineDrugs123.com 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 Your purchase shall be submitted to and subject to the jurisdiction of the courts in the jurisdiction from which drugs & medications are shipped to You (unless GenuineDrugs123.com 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 your purchase.
SURVIVAL
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
Severability
If any provision of these Terms & Conditions of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions of Use and shall not affect the validity and enforceability of any of the remaining provisions.
Waiver
No provision of these Terms & Conditions of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by The Company. Any consent by The Company to, or a waiver by The Company of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Headings
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms & Conditions of Use.
Contact Information
If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at WeCare@GenuineDrugs123.com. If any Other Party(s) has any questions concerning The Company, the Website, these Terms & Conditions of Use, or anything related to any of the foregoing, The Company can be reached at the following email address - WeCare@GenuineDrugs123.com or via the contact information available from the Contact us webpage.
The buyers acknowledge that the terms & conditions as found in this Agreement are readily available to me on a 24-hour basis from the website and acknowledge having had every opportunity to obtain independent legal advice with respect to this Agreement.
HOW TO CONTACT US
If you have any questions or wish to register a complaint in relation to this Terms & Conditions of Use or have any other issues, please contact Us by any of the following means:
By WhatsApp Messaging:+1 (409) 995-3585
By Email: WeCare@GenuineDrugs123.com
"You have read, understood and accept the forgoing Terms & Conditions of Use and the same shall be binding upon You and your heirs, assigns, successors and personal representatives."
AND / OR
"You are the parent/legal guardian/power of attorney for the customer disclosed herein, are over the age of majority, and have full authority to sign for and provide the above representations to the Website / Third Party Pharmacy(s) on the customer’s behalf."
