1 THESE TERMS AND CONDITIONS
1.1 These terms and conditions (together with the documents referred to in it) (collectively, these “Terms”) set out the basis on which you may make use of the website www.frommars.com/ca (our “Site”), whether as a guest or a registered user and the basis on which we make available online consultation services to you, issue prescriptions, register subscriptions, and sell our products and services to you (collectively the “Services”). Please read these Terms carefully before you start toa use our Site or access our Services.
1.2 When you request an online consultation, subscription and/or buy something from our Site, you are accepting and agreeing to be bound by these Terms. If you do not unconditionally accept this agreement in its entirety, you shall not (and shall not have the right to) access or use the Services on the Site.
1.3 Please take some time and read these Terms carefully before you use our site, request a consultation, engage any of our authorized physicians and authorized non-physician providers, such as nurse practitioners, physician assistants, and pharmacists (collectively “Healthcare Practitioners” or “HCPs”), and/or place any order with us. You will find out who we are, how we provide the Services, products and/or medication to you, how we can change or end our contract with you, what to do if there is a problem and other important information.
1.4 We recommend that you print a copy of these Terms for future reference.
2 INFORMATION ABOUT US
2.1 Our Site is operated by Planet Medical Limited (“we”, “us” or “our”). We are a company incorporated in United Kingdom under company number 12862762. Our registered office address is 28 Chipstead Valley Road, Coulsdon, Surrey, United Kingdom CR5 2RA.
2.2 We are a limited liability company. We are not a pharmacy or a manufacturer of medicines or drugs.
2.3 You can contact us using the following email address: [email protected]
2.4 These Terms form an agreement between us and you. The term “you” refers to the person or entity visiting and using the frommars.com/ca / frommars.ca website, or receiving any services from the Site as hereinafter defined.
2.5 The HCPs we engage are registered in Canada and are licensed or accredited to practice their applicable regulated health profession by the relevant regulatory authority in the province or territory of Canada where they practice. Our HCPs are trained to provide health and medical services and are permitted to conduct virtual or remote consultations, and issue prescription medicines online. The HCPs are individually responsible for the prescriptions they issue.
2.6 Please note that our HCPs are not permitted to prescribe certain kinds of medication including narcotics, controlled substances, or other types of controlled medications, non-therapeutic drugs or other drugs, which may be harmful because of their potential for abuse. Furthermore, the following symptoms are specifically excluded from the Services provided by our HCPs: chest pains; difficulty breathing; any impairment to consciousness; stroke-like symptoms such as paralysis, inability to speak or understand language, or loss of sight; any acute, severe pain; and fever or other symptoms in children under the age of 18. If you are experiencing any of these symptoms, you should consult a physician, call 911 or visit the nearest hospital or health care centre.
2.7 You understand that telemedicine involves the delivery of various types of healthcare and related services via methods such as audio and video conferencing, electronic data transmission, and interactive messaging to users that may not be in the same geographical location as the HCP. Telemedicine may be used for diagnosis, treatment, patient education, follow-up and other related services. You acknowledge and understand that not all of the products and services described on the Site are available in all jurisdictions. Furthermore, you agree that the products and services offered through the Site, are not available or appropriate for use in locations outside of Canada, and may not function in all locations within Canada. Nothing on the Site constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction where such an offer or solicitation is prohibited by law.
2.8 Products which are not prescription only medicines will be sold to you by us, or such other entity notified to you at the point of sale.
2.9 Note that our authorized HCPs reserve the right in their sole discretion to refuse to prescribe a medication to a user on the basis of a completed questionnaire and / or to require an in-person consultation prior to prescribing any treatment or medication, where it is deemed necessary. Please also note that our authorized HCPs reserve the right to assess whether a person has the capacity to provide consent to his or her services on a case-by-case basis.
2.10 If we need to contact you for any reason we will do so as often as possible through the messaging platform on the Site. However, if that is not possible for whatever reason we will contact you by phone, SMS, email or post to the telephone number, email address or postal address that you provided in your order. When we say “writing” or “written” in these Terms, this includes emails and/or SMS.
3.1 THE INFORMATION AND CONTENT ON OUR SITE IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT AIMED AT PROVIDING SPECIFIC ADVICE TO ANY INDIVIDUAL AND SHOULD NOT BE RELIED UPON BY YOU IN MAKING (OR REFRAINING FROM MAKING) ANY DECISIONS REGARDING YOUR HEALTH OR WELLBEING. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER HEALTHCARE PRACTITIONER BEFORE TAKING OR REFRAINING FROM ANY COURSE OF ACTION OR TREATMENT.
3.2 WHERE WE PROVIDE YOU WITH OPTIONS OF TREATMENTS AND/OR PRODUCTS BASED ON YOUR INDICATIONS, WE DO SO IN GOOD FAITH AND THE INFORMATION MADE AVAILABLE TO YOU HAS BEEN PREPARED BY US USING OUR KNOWLEDGE AND EXPERIENCE IN THE HEALTHCARE INDUSTRY. WE ARE NOT ENDORSING OR ADVERTISING ANY PRODUCTS DISPLAYED ON OUR SITE. IT IS YOUR RESPONSIBILITY TO REVIEW THE INFORMATION AVAILABLE TO YOU, TO DISCUSS THE SAME WITH A HEALTHCARE PROFESSIONAL (IF APPROPRIATE) AND TO DETERMINE THE MOST APPROPRIATE TREATMENT FOR YOU.
3.3 PLEASE ALSO BEAR IN MIND THAT WHILST A TREATMENT MAY BE LINKED TO AN INDICATION ON OUR SITE, THERE IS NO GUARANTEE THAT TREATMENT WILL BE SUCCESSFUL.
3.4 DO NOT USE THIS SITE FOR MEDICAL EMERGENCIES. If you have or believe you may be experiencing a medical emergency, immediately call 911 or visit the nearest hospital or health centre emergency room. Under no circumstances should you rely on any information or content displayed on the Site or provided by an HCP in association with this Site to self-diagnose or attempt self-treatment.
3.5 You acknowledge and expressly agree that Planet Medical Limited is strictly a technology platform designed to connect patients with third party HCPs and does not itself provide medical advice, diagnosis, or treatment. Further you agree that the HCPs offering services through the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical and clinical services, including diagnosis, treatment, and medication decisions and that all diagnosis, treatments, prescriptions, and other professional healthcare services will be provided and performed exclusively by or under the supervision of the HCPs we engage, in their sole discretion, as they deem appropriate.
3.6 You accept that the advice given on our Site does not replace your regular healthcare provider. You must tell your regular healthcare provider about treatment we prescribe and medication supplied by the pharmacy in association with our Services.
4 THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
4.2 Please note that the contract for the sale of prescription only medicines will be between you and the pharmacy. The contract for sale of products other than prescription only medicines will be between you and us, or such other entity as notified to you at the point of sale.
5 WE MAY MAKE CHANGES TO THESE TERMS
We may amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure that you understand the Terms that apply at that time.
6 WE MAY MAKE CHANGES TO OUR SITE
We may update and change our Site from time to time to reflect changes to our products, our users’ needs, our business priorities or for any other reason.
7 WE MAY SUSPEND OR WITHDRAW OUR SITE
7.1 Access to our Site is permitted on a temporary basis and is available free of charge. We do not guarantee that our Site, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site at any time for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7.2 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
8 ACCESSING OUR SITE
8.1 Our Site is only available to you if you are a temporary or permanent resident of the province of Ontario, British Columbia, or Alberta, Canada. We do not represent that content available on or through our Site is appropriate for use or available in other locations in Canada or elsewhere.
8.2 You must be at least 18 years old to use our Site and to purchase any products or medications available via the Site. As a condition of your use of the Site, you warrant that: (i) you have reached the age of majority in the jurisdiction where you live; (ii) you have the legal authority to create a binding legal obligation; (iii) you will use the platform in accordance with these Terms; (iv) all information supplied by you on the Site is true, accurate, complete, and current; and, (v) if you are accessing or using the Site on behalf of another person or entity, you represent and warrant that you have the authority to bind such person or entity to these Terms.
8.3 From time to time, we may restrict access to some parts of our Site, or our entire Site, to those users who have registered with us. Please see below for more details on how to register for an account with us.
8.4 If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
8.5 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
8.6 You must use our Site in compliance with our Acceptable Use Policy at all times (as set out at paragraph 26 below).
8.7 By accessing and using our Site, you warrant that: (1) you are at least 18 years old; (2) you possess the legal authority to create a binding legal obligation; (3) you will use the platform in accordance with these Terms; (4) all information supplied by you on the platform is true, accurate, current and complete; and (5) if you are accessing or using the Site on behalf of another person or entity, you represent and warrant that you have the authority to bind such person or entity to these Terms.
8.8 We reserve the right, in our sole discretion, to deny access to anyone to the Site or the Services we offer, at any time and for any reason, including, but not limited to, violation of these Terms. You will cease and desist from any such access or use immediately upon request by us.
9.2 Please ensure that all information you provide to us on registration and when completing your online consultation questionnaire is true and accurate, current and complete. If there are any changes to the details supplied to us it is your responsibility to inform us immediately. Changes to your details should be made through your account page.
9.3 Our HCPs reserve the right, in their sole discretion, to request an in-person consultation or deny treatment to you, at any time and for any reason.
9.4 We reserve the right to refuse to accept any application to register for an account on our Site at any time and for any reason.
10 HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 When you submit an order, you will need to provide us with specified personal information, which may include personal health data. We may use this information: (i) for prescription only medicines; (ii) to review your medical information for example, your personal medical details (age, weight, height, gender, etc.) and the information submitted in the online medical questionnaire, and to allow our HCPs to provide a diagnosis and determine what if any prescription or treatment is clinically appropriate; (iii) to supply the products to you (for example, your delivery address); (iv) to process your payment for the products (for example, your billing address and payment details (we only store the last four digits of your payment card); and, (v) if expressly agreed to by you when ordering, to give you information about similar products we feel you may like or benefit from. You can stop receiving this information at any time by contacting us at [email protected]
11 OUR CONTRACT WITH YOU
11.1 After you have placed your order, we will email you to confirm that we have received your order.
Prescription only medicines
11.2 For prescription only medicines, you will be required to complete and submit our online medical consultation questionnaire, which will be reviewed by our contracted HCP. Please see paragraph 12 below for more information on the consultation process. Our HCPs will review and assess your information, determine a diagnosis, if applicable, and decide what, if any, medication or treatment is clinically appropriate. We will send you a subsequent email to confirm we have accepted your order if one of our HCPs has assessed your medical information, confirmed that the treatment is clinically appropriate, and has issued your prescription to the pharmacy. If we confirm that the prescribing HCP has issued your prescription to the pharmacy and accepted your order, a contract will come into existence between us, you, and the pharmacy. We will not take payment for prescription only medicines until we have accepted your order.
11.3 In the event that all or some of the cost of your medication is covered by a public or private insurance plan, you will need to provide your insurance information during the consultation process and prior to the prescription being issued. The cost of your medication and the pharmacy fee will be covered in accordance with your individual insurance plan, where applicable.
11.4 If you order any product that is not a medicine, we will send you an email to confirm whether we have accepted your order. If we have accepted your order, the contract will come into existence between us and you. An online consultation is not usually necessary; however, we reserve the right in our sole discretion to request a consultation with an HCP or further information regarding your health status, as deemed necessary, prior to accepting any order. You will be charged for the product at the time your order is accepted by us. If there are exceptions to this rule, you will be notified at the time of ordering the product.
11.5 Professional codes of conduct and legal restrictions may limit the number and frequency of any item we and/or the pharmacy are permitted to supply to you. Our contracted HCPs, at their absolute and sole discretion, may reject any order placed by you in order to comply with such codes of conduct and legal restrictions.
11.6 We reserve the right to reject any order placed on our Site. If we are unable to accept your order, we will let you know and you will be refunded in full to the same payment method. We cannot accept your order if the authorized HCP decides that the medicine ordered is not clinically appropriate. Sometimes we also cannot accept orders because the product is out of stock, there is unexpected limits on our resources, we have noticed an error in the price or description of the product, or we are unable to meet a delivery deadline that you have specified.
11.7 Refunds may take up to 14 days to appear in your bank account.
11.8 Products are delivered within Ontario, Alberta, and British Columbia only. You must comply with all applicable laws and regulations of the Province of Ontario, Alberta, or British Columbia (depending on your place of residence) and the federal laws of Canada applicable therein. We will not be liable or responsible if you break any such law.
12 PRESCRIPTION ONLY MEDICINES AND THE CONSULTATION PROCESS
12.1 PLEASE NOTE, when ordering any prescription medicines and non-prescription medicines for certain other conditions (as indicated on our webpages), you will first have to complete and submit a confidential online medical consultation questionnaire. The questionnaire has been prepared with a view to ensuring our HCPs have sufficient information about you to make a proper diagnosis and issue an appropriate prescription.
12.1 When completing your questionnaire, please ensure that the information you give to us is true, accurate, current, and complete.
12.2 It is your responsibility to let us know if approval from any other healthcare provider is required when completing our online consultation questionnaire. If indicated in your questionnaire, we will arrange for a copy to be sent to your identified healthcare provider as well as our HCP. Our authorized HCP may also contact your healthcare provider if our HCP determines it is in your best interest to do so. If you provide us with contact details for your healthcare provider we, or our HCPs or the pharmacy, may contact them to discuss your prescription request. We will also retain your contact details in order to notify you of any issues, or any advisory cautions we receive from suppliers or pharmaceutical companies in relation to any medication or products you have ordered through our Site.
12.3 Once completed and submitted, our HCPs will review the questionnaire to assess whether it is suitable for you to receive healthcare or related services via telemedicine and whether the requested treatment is clinically appropriate for you.
12.4 Following submission of your questionnaire our HCPs aim to respond to you within 24 hours. You accept and agree that once you have submitted the questionnaire you can cancel your order for prescription medicines up until the point where the HCP issues your prescription (i.e. before you receive an email confirming that your order has been accepted). If, however, our HCPs determine that you are not suitable for healthcare services via telemedicine for any reason whatsoever, we will notify you that we cannot treat you and the product will not be sold to you and you will not be charged. We will only charge your payment method if your order is approved by the HCP and a prescription is issued or if you otherwise order a non-prescription product and we approve the order.
12.5 If our HCPs approve and issue a prescription, you will receive confirmation of your Subscription and the prescription will be sent electronically and securely to the pharmacy. The pharmacy will sell, supply, and dispense prescription only medicines to you directly in its own name, in accordance with these Terms and your Subscription plan, which shall be packaged for postage by us.
12.6 If the HCP requires additional information, you will receive an email with further details. The order will not be processed until you have replied to the HCP’s message and a confirmation email has been sent to you from the HCP stating that your prescription has been issued.
12.7 All communication between you and the HCP must be done via the secure messages portal by logging into your online account on the Site. The customer service email [email protected] should only be used for general website queries.
12.8 Subject to our HCP’s professional discretion, if your family physician is contacted with details of your prescription request, unless they request our HCP to stop processing the order, it will be fulfilled if determined appropriate to do so by our HCP. We have no control over, and take no responsibility for your family physician, or for any failure by your family physician to review your questionnaire, to contact our HCP, or to contact you.
12.9 Even if your family physician contacts you to discuss the request, if our HCP has determined it is clinically appropriate to accept your order, we will do so. Only if your family physician contacts us or the HCP requesting us to reject the order, will the order be cancelled.
12.10 If your prescription request is approved, you will benefit from six months of a “quick check-in” process, so next time you order the same prescription, you will only be required to confirm if anything with your health or wellbeing has changed. Your account will be linked to your medical form collated as part of your initial consultation. The HCP reserves the right in his or her sole discretion to discontinue the “quick check-in” process or require a more in-depth consultation at any time, if he or she deems it necessary.
12.11 Details of all consultations and questionnaires are retained in accordance with all applicable laws and regulations.
All prescription only medicines and certain non-prescription products (“Subscription Products”) are sold to you on a Subscription basis as follows:
13.1 On placing an order for a Subscription Product, you agree to purchase at least a 1-month supply of the Subscription Product (please note, a 1-month Subscription is the default subscription setting). Alternatively, for eligible Products, you may select a 3-month Subscription (and you will receive a 5% discount on all orders that are shipped within your first 3-month Subscription) where you agree to purchase at least a 3-month supply of the Subscription Product where applicable. For prescription only medicines, the foregoing is subject to the clinical appropriateness assessment by the HCP (as detailed above).
13.2 Your Subscription will continue until you cancel it. Subject to your cancellation rights, you provide us with a continuous payment authority to charge your payment method for the specified amount on approval of your order and at monthly or 3-monthly intervals (as applicable) following such approval date. Each payment will be taken on or around the same day of each month (as detailed in your order confirmation unless the order is cancelled by you in accordance with these Terms).
13.3 You can cancel your Subscription at any time by logging into your online account on the Site and selecting “Cancel” within your Subscription pages or by notifying us at [email protected] that you wish to cancel. We must receive your request or notice to cancel your Subscription more than 72 hours before your next billing date. If we receive the request or notice less than 72 hours before your next billing date your Subscription will only be cancelled at the end of the following month or 3-month period (as applicable) and we will still take payment for your next instalment of your Subscription.
13.4 We will contact you at least five business days before each shipment of your Subscription Products is due to notify you that your next instalment will be arriving soon. We will ask you to inform us if there have been any side effects, medical reactions, or adverse changes in your medical condition, or if you otherwise do not wish to receive further Subscription Products. We may also contact you from time to time during your Subscription to confirm the same and to verify that the information we have on file about your health and medication is still current, complete, true and accurate and to ask you to notify us of any changes where it is not.
13.5 In order to keep your Subscription active you must respond to any requests for information from us within the time period set out in the request. If you do not confirm that the information we have on file about your health and medication is still accurate (in accordance with paragraph 13.4) or update your details if there has been a change, within the requested time period, we may cancel or pause your Subscription.
13.6 We also reserve the right to cancel your Subscription and cease supply of any further Subscription Products (or any other products available on our Site) to you if you notify us of any side effects or adverse changes in your medical condition. We will cancel your Subscription if you inform us that you do not wish to receive further Subscription Products or if you fail to respond to requests for information within the required time period.
13.7 Subject to paragraph 13.3 above, once we have confirmed we have received your cancellation notice you will not be charged for any further supply and no further Subscription Products will be dispatched to you.
13.8 If you cancel your Subscription, you cannot place a new order for the same Subscription Products within the same monthly or 3-monthly Subscription period (as applicable). You must wait until the next monthly or 3-monthly billing date has passed. You may also be required to resubmit your online consultation questionnaire if your Subscription relates to prescription only medication.
13.9 Where your Subscription relates to prescription only medication, in order to keep your Subscription active, and to continue receiving prescription only medicines, you must renew your prescription request every six months from the date upon which your first prescription request for that medicine was accepted by the HCP. To renew your prescription request, you must log in to your FROM MARS account and complete a new online consultation questionnaire. You will receive an email notifying you when you need to renew your prescription. If you have not renewed your prescription in accordance with this paragraph within six months of when your then current prescription was issued we may cancel or pause your Subscription.
13.10 If your payment fails for any reason and you do not update your payment details when prompted we may cancel or pause your Subscription.
13.11 We may also need to terminate or pause your Subscription if the requested Subscription Product is unavailable or out of stock.
13.12 If your Subscription is terminated for any reason whatsoever, payments received relating to dispatched Subscription Products will not be refunded.
14 OUR PRODUCTS
14.1 The images on our Site are for illustrative purposes only. Your product may vary slightly from the Site images.
14.2 All products shown on our Site are subject to availability.
14.3 On receiving your order, and before using any Subscription Products, you should carefully read any information which accompanies the product (including but not limited to the Patient Dispensing Label, the patient information leaflet, etc.). You acknowledge and agree that you will only use the product in accordance with such information and instructions. Any failure to follow such information is at your own risk.
14.4 You should stop taking the medication and seek immediate advice from your doctor or other healthcare practitioner if you experience any significant side effects, medical reactions, or adverse events.
14.5 Please note that we may de-blister certain medicines from their original packaging and supply them to you using our own packaging. This is with the intention to aid your medication compliance, adherence and general ability to take the medication easily and conveniently. You acknowledge that due to this process of de-blistering and packaging the shelf life of medicines may be reduced. You agree that you will not take any medicine beyond its stated expiry date.
15 YOUR RIGHT TO MAKE CHANGES
If you want to make any changes to your order please contact us at [email protected] If the change you have asked for is possible we will let you know about any changes we need to make to the price of the order, the timing of delivery or anything else which is different as a result of the requested change. We will also check whether you want to proceed with the order on this basis. If we cannot make the change or you are not happy with the consequences of making the change, you may want to end the contract (please see paragraph 17 for more information).
16 HOW WE WILL PROVIDE THE PRODUCTS
16.1 Our delivery charges are set out on the Site.
16.2 During the order process we will let you know when we will provide the products to you or we will contact you with an estimated delivery date. If you have a Subscription, details of your delivery plan will be provided to you in your Subscription confirmation.
16.3 You agree that a signature will not be required on receipt of delivery and that you agree that the medicines maybe posted through the letter box or mailbox at the delivery address. You confirm that there are no animals or young children who may have access to the parcel at the delivery address.
16.4 If our supply of the products to you is delayed by any event that is outside our control then we will let you know as soon as possible but we are not responsible for delays that are outside of our control.
16.5 If we miss the delivery deadline set out in the confirmation of your order then you can treat the contract for sale of the product as at an end if either: (a) we have refused to deliver the products; or (b) you told us, before we accepted your order, that delivery by the delivery deadline was essential, but for no other reason.
16.6 If you do not wish to treat the contract as terminated, or do not have the right to do so under paragraph 16.5, you can email us at [email protected] and we will arrange a new deadline for delivery.
16.7 If you do decide to treat the contract as at an end under paragraph 16.5 you can cancel your order for any of the products or reject products that have been delivered. You also have the option of rejecting or cancelling the order for some of the products. When you have informed us that you would like to cancel some or all of the order, we will then refund any sums you have paid to us for the cancelled products (including any delivery charges). If the products have already been delivered to you, you must post them back to us within 30 days from the date the products were delivered to you or allow us to collect them from you. We will pay the costs of postage or collection. Please email us at [email protected] for a return label or to arrange collection.
16.8 If no one is available at your address to take delivery and it is not possible to post the parcel through the letter box or mailbox, the courier will leave you a note informing you how to rearrange delivery unless you direct us otherwise. Where the parcel is taken to the delivery depot, if you do not then either collect the products from a delivery depot or contact us to re-arrange delivery we will contact you for further instructions and details (including details of any additional delivery costs). If we are unable to contact you or re-arrange delivery or collection we may terminate the contract and paragraph 19 (below) will apply.
16.9 The product(s) will be your responsibility from the time of delivery to the address you have provided to us. You own the product(s) once we have received payment in full following acceptance of the order.
Suspending the contract
16.10 We may have to suspend the supply of a product to:
16.10.1 manage a technical problem or to make minor technical changes; or
16.10.2 make any required updates to the product to reflect changes in relevant laws and regulatory requirements; or
16.10.3 for any other reason that we deem necessary.
16.11 We will contact you to tell you if we will be suspending supply of the product. You may contact us to cancel your order if we suspend the order or inform you that we will be suspending the order for a period of more than 30 days. We will refund any sums you have paid in advance for the product.
16.12 If you do not pay us for the products when payment is due (please see paragraph 21.2) and you still have not paid us within 10 days of receiving a reminder that a payment is outstanding, we may suspend your Subscription and your supply of the products until you have paid us any outstanding amounts. We will let you know if we do suspend your Subscription and your supply of the products.
17 YOUR RIGHT TO END THE CONTRACT
17.1 In addition to your rights to cancel a Subscription with us as detailed above at paragraph 13, your rights, if you decide to end a contract with us, will depend on what product you have purchased, if the product has any defect, how we are performing our obligations, and at what point you decide to end the contract:
17.1.1 if you want to end the contract because of something we have done please see paragraph 17.2;
17.1.2 if you have just changed your mind about the product, see paragraph 17.3. For safety reasons, we do not accept returns of prescription or non-prescription medicines;
17.1.3 if what you have bought is in some way faulty, compromised, or does not match the description provided online you may have a legal right to end the contract, to get the product repaired or replaced, or to get some or all of your money refunded, see paragraph 20;
17.1.4 cancelling the order, see paragraph 17.4.
17.2 Is it something we have done? If you end the contract because of one of the reasons described below, the contract will end immediately on the day you notify us and you will be refunded in full for any products that you did not yet receive. It is possible that you may also be entitled to compensation. The reasons are:
17.2.1 we have told you about a change to the Terms which you do not agree to;
17.2.2 there was an error in the price or product description on our Site and you do not wish to proceed with your order;
17.2.3 we have let you know that supply of the product(s) may be significantly delayed because of events outside of our control;
17.2.4 for technical reasons the supply of the product(s) has been suspended for more than 30 days; or
17.2.5 we have done something which gives you a legal right to end the contract.
17.3 Have you changed your mind? If you are unhappy with the products please do let us know.
Medicines: For safety reasons, we cannot accept the return of any medicines (whether prescription or non-prescription) as the pharmacy is not able to reuse them. If you have unwanted medicine, please take it to a local pharmacy for safe disposal.
For orders relating to products (which are not medicines – whether prescription or non-prescription), you have 14 days to change your mind about the products beginning the day after you receive the product(s), unless the product(s) are split into several deliveries over different days. In that case, you have until 14 days after the day you receive the last delivery to change your mind about the products. This excludes unsealed products, which are not suitable for return due to health or hygiene reasons if originally sealed when delivered (unless these items were damaged or faulty when delivered to you or have been incorrectly delivered).
17.4 Cancelling your order. You can cancel your order for prescription medicines up until the point where the clinician issues your prescription (i.e. before you receive an email confirming that your order has been accepted). If you want cancel your order in these circumstances, contact us at [email protected] to let us know.
18 HOW TO END THE CONTRACT WITH US
18.1 Subject to your rights to cancel Subscriptions (detailed at paragraph 13 above), if you want to end a contract with us, you can do so by logging into your online account on the Site and selecting “Cancel” within the relevant pages or by letting us know via email to [email protected]
18.2 If you end a contract with us for any reason after the product(s) (other than medicines, whether prescription or non-prescription) have been dispatched to you or you have received them, you must return them to us or arrange for a collection. Please email us at [email protected] for a return label and to be provided with the return address. You must post them back to us at the address provided by us. If you are exercising your right to change your mind you must return the products within 14 days of telling us you wish to end the contract. As mentioned above, we cannot accept the return of medicines (whether prescription or non-prescription) as the pharmacy is not able to reuse them.
18.3 We will pay the costs of return:
18.3.1 if the products are faulty or do not match the description provided online; or
18.3.2 if you are ending the contract because of one of the reasons listed in the paragraph 11.2 “Is it something we have done?”
In all other circumstances (including where you are exercising your right to change your mind) you will be required to pay the costs of return or collection. These charges will be the same as our standard delivery charges.
18.4 If you are entitled to a refund, the price paid for the product(s) including delivery costs, will be refunded to you by the same method that you used to pay. We may make some deductions from the price, as described below.
18.5 If you are exercising your right to change your mind in relation to product(s) (other than medicines, whether prescription or non-prescription) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products where this was caused by your handling them in a way which would not be permitted in a bricks and mortar pharmacy. For example, if you open or damage the product your refund will be reduced. Returned items must be unused and in their original packaging without the seal removed (where applicable). If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
18.6 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you. In all other cases, your refund will be made within 14 days of you informing us that you have changed your mind and do not wish to maintain your Subscription or receive your product(s).
19 OUR RIGHT TO END THE CONTRACT
19.1 We may also end the contract in some situations including if: (a) you fail to pay us when payment is due and you still do not make payment within 10 days of us reminding you that payment is due; or (b) you do not allow us to deliver the products to you or collect them from us within a reasonable time; or (c) for any other reason that we or the authorized HCPs deem necessary to comply with our legal or professional obligations under any applicable law or regulation.
19.2 If we end the contract in the situations set out in paragraph 19.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result.
20 IF THERE IS A PROBLEM WITH THE PRODUCT
20.1 Please contact us if you have any questions or complaints about the product. You can contact us over SMS and/or email using the contact details posted on the About Us page or contact our customer service team by sending us a message through your online account (which we recommend) or emailing us at [email protected]
20.2 If you wish to exercise any of your legal rights to reject products under this paragraph 20, you must either post them back to us or allow us to collect them. We will pay the costs of postage or collection. Please email us at [email protected] for a return label or to arrange collection.
21 PRICE AND PAYMENT
21.1 An indicative price for your product (which includes VAT) will be set out on the Site when you place your order. This price will be finalised after your consultation; however, the price remains subject to changes to your order by you, such as volume of the product in the order. We take care to make sure that the price of the product advised to you is correct. However, it is always possible that something may be incorrectly priced. We will contact you if the price you have been given is wrong and ask you whether or not you want to continue with your order.
21.2 We accept payment by any major credit or debit card and certain other payment methods detailed on the Site from time to time. For prescription medicines, we will apply your insurance coverage plan details where applicable and valid and we will not charge your payment method until your prescription is approved. For all other products and non-prescription medicines, we will charge your payment method once we accept your order. If you think a charge is made in error please contact us at [email protected]ommars.com or send us a message from your FROM MARS account promptly to let us know.
22 INTELLECTUAL PROPERTY RIGHTS AND HOW YOU MAY USE MATERIAL ON OUR SITE
22.1 Planet Medical Limited, and its related corporations are the owners or the licensees of all intellectual property rights, title, and interest in our Site (including without limitation all copyrights, trademarks, domain names, design rights, database rights, patents, and all other intellectual property of any kind whether registered or unregistered anywhere in the world), and in the material published on it, including but not limited to all service-related content, designs, symbols, illustrations, data, pictures, graphics, electronic documents, texts, software, artwork, videos, music, sound, names, words, titles, phrases, logos, trade names, marks and any update, adaptation or derivative or a work thereof displayed on the Site (collectively “Intellectual Property”). Those works are protected by copyright, trademark, and other intellectual property laws and treaties around the world. All Intellectual Property rights are reserved.
22.2 You acknowledge and agree that except as otherwise expressly provided herein, you have no rights in the Intellectual Property and all materials provided by us hereunder are licensed and not sold to you.
22.3 Subject to your compliance with these Terms, you are hereby granted a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right to use and access the Site and the Services provided in association with the Site and/or to view the Content in accordance with the privileges associated with your user registration. Use of the Site beyond the scope of the authorized access granted to you by Planted Health Limited or use that otherwise does not comply with these Terms, immediately terminates this license. Except for the foregoing limited license, no right title or interest is transferred or conveyed to you.
22.5 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others to material posted on our Site.
22.6 You must not reproduce, modify, copy, transmit, distribute, alter, decompile, communicate, or make available to the public the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
22.7 Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
22.8 You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
22.9 You will not engage in, permit, or allow activities that infringe any third party’s intellectual property rights, including but not limited to sharing or making available the content or services and materials provided by us to third parties vis-à-vis any means whatsoever including peer-to-peer or file sharing systems or sites or any other similar system or method that exists now or in the future. You are furthermore prohibited from sharing or transmitting any information that violates the rights of Planet Medical Limited or third parties, or that violates any applicable standard (e.g. morality or public order) or law.
22.10 If you print off, copy, reproduce, distribute, alter, decompile, communicate, download, or make available to the public any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
23 CONTENT ON THIS SITE
23.1 The content on our Site is provided without any representations, guarantees, conditions or warranties as to its accuracy or completeness or as to whether it is up to date.
23.2 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
23.3 This Site may include information and materials uploaded by other users of the Site, such as product reviews. This information and these materials have not been moderated, verified or approved by us. The views expressed by other users on our Site do not necessarily represent our views or values. If you wish to complain about any information and materials uploaded by other users please contact us at [email protected]
23.4 If there is a dispute between you and another user of the Site or any other third party, you understand and agree that we are under no obligation to become involved. You hereby release Planet Medical Limited and its representatives (and their respective officers, employees, agents, and successors in rights) from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and / or Plant Health Limited.
24 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
24.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the products (including the right to receive products which are as described, of satisfactory quality, fit for any particular purpose made known to us).
24.2 Please note that we only provide our Site, Services, and supply products for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
24.3 We accept no liability for any loss of data or for any indirect or consequential loss or damage of any kind however arising, which may be suffered by you in connection with our Site.
24.4 We are not responsible for any loss or damage that is not foreseeable.
24.5 If defective digital content, that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
24.6 Subject to paragraph 24.1, our maximum liability to you in relation to any order for products will be the amount equal to the price of the products you have ordered from us.
25 WRITTEN COMMUNICATION
Applicable law requires that some of the information or communications we send to you should be in writing. When using our Site, we will contact you by e-mail, SMS or provide you with information by posting notices on our Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
26 ACCEPTABLE USE POLICY
26.1 Whenever you make use of a feature that requires or allows you to upload information or content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in this Acceptable Use Policy.
26.2 In relation to the use of our Site:
26.2.1 We will not be liable for any damages arising out of: (i) any failure by you to provide (and continuously maintain) complete, truthful and accurate information to us, including in all questionnaires you complete; (ii) any failure by you to follow advice given by your doctor or healthcare practitioner; or (iii) any failure by you to pass on information given on the Site to your regular healthcare provider.
26.2.2 The provision of any products or services to you via our Site is conditional on you completing all consultation questionnaires contained on our Site truthfully and honestly. You must disclose all relevant information to the best of your knowledge.
26.2.3 You are not allowed to register for more than one account with us, unless otherwise permitted by us, in writing. Please do not register or complete questionnaires on behalf of anyone other than yourself. Please do not use anyone else’s account at any time.
26.2.4 You are solely responsible for ensuring that you understand the questions in the questionnaires you complete on our Site. You must speak to your regular healthcare provider if you do not understand a question or are unsure how you should answer certain questions or you do not fully understand the advice or information given to you on our Site.
26.2.5 If medicine is prescribed and dispensed to you, you are responsible for checking that the medicine is the correct medicine prescribed by us on our Site and that such medicine is not damaged in any way. If in doubt, you must contact us to seek advice and/or replacement as required. Do not consume any medicine which is not the medicine prescribed to you or which is damaged on arrival.
26.2.6 You must carefully read all product packaging and labels prior to use. If you purchase medicine in advance of your need to consume these, please ensure you do not consume medicine which is out of date.
26.2.7 You should report any adverse events, medication or allergic reactions, or side effects to your family physician, the nearest health clinic, emergency room, or call 911 if the adverse event is an emergency.
26.2.8 You agree that any prescriptions or medications that you acquire through the use of our Site are solely for the personal use of the individual named on the prescription, and no one else.
26.3 Any material which you contribute or upload to our Site must be true, accurate and correct, comply with applicable law and must not be defamatory of any person, obscene, offensive, hateful or inflammatory, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringe the intellectual property rights including copyright, database right, patent, trademark, design, or domain name right of any other person, be likely to deceive any person, breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence or impersonate any person, or misrepresent your identity or affiliation with any person.
26.4 You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us and all of our officers, directors, employees and agents for any breach of that warranty. This means you will be responsible for any loss, fine, penalty, damage or other cost or expense of any kind or nature we suffer as a result of your breach of warranty.
26.5 You may use our Site only for lawful purposes. You may not use our Site:
26.5.1 In any way that breaches any applicable local, national or international law or regulation.
26.5.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
26.5.3 For the purpose of harming or attempting to harm minors in any way.
26.5.4 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
26.5.5 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
26.6 You also agree:
26.6.1 Not to reproduce, copy, paste, transmit, duplicate, disseminate, alter, compile, decompile, copy or re-sell any part of our Site in contravention of these Terms.
26.6.2 Not to access without authority, interfere with, damage or disrupt:
(a) any part of our Site;
(b) any equipment or network on which our Site is stored; or
(c) any software used in the provision of our Site.
26.7 Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store and copy that content as described in paragraph 27 below.
26.8 You are solely responsible for securing and backing up your content.
27 RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our Site, you grant us (and our related companies, affiliates, clinicians, pharmacies, and any other third party service provider) a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute and display your content in connection with the products and services provided by our Site and across different media and to promote our Site or the products and services associated with it.
28 VIRUSES, HACKING AND OTHER OFFENCES
28.1 The use of our Site and the downloading and viewing of content on our Site is done at your own risk. We do not guarantee that our Site will be compatible with your computer system or that the Site, its contents, or any third party links will be secure or free from bugs, worms, disabling devices, trojan horses, logic bombs, viruses, or other material which is malicious or technologically harmful.
28.2 You are responsible for configuring your information technology, computer programmes, device and platform to access our Site. You should use your own virus protection software and implement any safeguards necessary to protect the integrity and security of your computer system.
28.3 You must not misuse our Site by knowingly introducing viruses, bugs, trojan horses, worms, disabling devices, logic bombs or other material which is malicious or technologically harmful.
28.4 You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
28.5 In the event that you (or any other person using your account) fails to comply with paragraph 28, we reserve the right to interrupt your access to the Site immediately. You may be held liable for any damages caused to us and / or any third party as a result of failing to comply with this paragraph 28.
28.6 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any Site linked to it.
29 LINKING TO OUR SITE
29.1 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it in any way whatsoever, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
29.2 You must not establish a link from any Site that is not owned by you.
29.3 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy set out in paragraph 26 above.
29.4 Our Site may provide links to third party websites. Planet Medical Limited does not endorse the information presented on any third party website, nor does it guarantee the accuracy, reliability, quality, completeness, currency, non-infringement, merchantability, or fitness for any purpose. The content in any linked third party website is not under our control, and if you choose to access any such website, you do so entirely at your own risk.
29.5 If you wish to make any use of material on our Site other than that set out above, please address your request to: [email protected]
30 JURISDICTION AND APPLICABLE LAW
If you are an individual consumer or any other entity, please note that these Terms, their subject matter and their formation shall be governed by and interpreted in accordance with the laws of Ontario, excluding rules of private international law that lead to the application of the laws of another jurisdiction. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The courts of Toronto, Ontario shall have the exclusive jurisdiction to hear any matter arising under or in any way relating to these Terms and you agree to waive any objections based on forum.
31 OTHER IMPORTANT TERMS
31.1 The contract for the sale and supply of medicines is between you and the pharmacy. Other than you, the pharmacy and Planet Medical Limited, no other person shall have any rights to enforce any of these Terms.
31.3 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms.
31.4 If any of these Terms are found by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid and enforceable to the fullest extent permitted by law.
31.5 If we delay in taking steps against you when you break this contract, that will not mean that you do not have to do what we ask in order to remedy your breach and it will not prevent us taking steps against you at a later date.
If you have any concerns about the material that appears on our Site or concerns about our Services, please contact: [email protected]
Last modified: 5 May 2022