Terms and Conditions of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

THIS WEBSITE

This website (the “Website”) is the website of Euromedonline Limited (registered company no. 05689973) (“Euromedonline”, “we”, “us”), whose registered office is 3 Limpsfield Road, South Croydon, Surrey CR2 9LA.

LEGAL AGREEMENT

By entering the Website, and/or any page accessible on this Website, and/or by purchasing pharmaceutical products (“Products”) from Suppliers (as defined below), or dealing with Euromedonline in any way through the Website, you accept, without limitation, qualification or modification, the terms and conditions set out below (the “Terms”). By accessing and using this Website, including (without limitation) purchasing Products, you acknowledge that you are bound by the Terms.

If you do not wish to be bound by the Terms you should not access or use the Website.

Euromedonline may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.

Please in any event:

(a) click I ACCEPT at the foot of the checkout page. This will confirm both your acceptance of these Terms and your consents under the Privacy Policy that form part of these Terms;

(b) click any specific consents you may wish to give in relation to your data. These appear in the body of the Privacy Policy.

YOUR STATUS

You may order Products from Suppliers only if you are resident in the United States of America. By using the Website you warrant to us and to all Suppliers that you are so resident and will continue to be until the delivery of any Products ordered for any Supplier.

OUR SERVICES

Euromedonline is not a pharmacy; it is a referral and marketing service that provides an online ordering system allowing Euromedonline as your agent to route your prescription drug requirements to pharmacies and physicians. The contract for the supply of prescription drugs will be with the pharmacy chosen by you (the “Supplier”) and you should make yourself aware of the separate terms and conditions that apply in that regard (“the Supplier’s Terms”).

Euromedonline will act as your payment agent in relation to your payment to the Supplier.

Euromedonline is your agent for introducing you and your requirements to the Supplier, and for facilitating the process of ordering and payment. Euromedonline has no responsibility, as provided below, in relation to the expertise of the Supplier or the relevant physicians or the quality of the Products.

TERMS AND CONDITIONS RELATING TO YOUR DEALINGS WITH SUPPLIERS

Contract

You will indicate by completing the appropriate order form on the Supplier’s website the Products that you wish to order. At the same time you will complete an authorisation for Euromedonline to recover, through your credit or debit card, payments due to the Supplier.

No contract will be formed between you and the Supplier until you have been notified of the Supplier’s acceptance and you have paid for the Products and any applicable charges in full.

Entire Agreement

Each order, acceptance of each order and the supply of Products pursuant to an order shall be governed by the Supplier’s Terms.

These Terms, on the other hand, constitute the entire understanding between you and Euromedonline as regards your relationship with Euromedonline in this matter. They supersede any other terms stipulated by you or established in any course of dealing between you and us.

All descriptions, illustrations and indications or price of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Nothing contained in any such description or illustration or indication of price shall form any part of these Terms.

The Supplier’s Terms

The prices of the Products shall be those specified by the Supplier to you from time to time. Prices quoted on the Website are indicative only and are subject to change.

Responsibility for postage and packing is as provided in the Supplier’s Terms.

Delivery and Availability of Products are as provided in the Supplier’s Terms.

Passing of Risk and Property are as provided in the Supplier’s Terms.

Right to Cancel and Returns are as provided in the Supplier’s Terms.

Children

We do not facilitate the sale of Products by Suppliers to children. We do facilitate the sale of children’s Products by Suppliers to adults. If you are under 21, you may use this Website only with the involvement of a parent or guardian.

Customer Services

If you have any comments with regards to the service you have experienced in placing orders on, or using, this Website, please contact our customer services team:

Dedicated customer service help line (available 24/7 but limited availability on weekends, see our website for more information)

See CONTACT US section on our website for contact options.

Email

cs@euromedonline.com


Liability

Euromedonline will not be responsible for the activities of any Supplier, which are a matter exclusively between you and it and governed by the Supplier’s Terms. In particular but without limitation Euromedonline will not be responsible for the compliance with order, quality, suitability, non-infringement or fitness for purpose of any Products.

Euromedonline will not be responsible for the activities of any relevant physician.

Whilst Euromedonline has taken reasonable care in the choice of Suppliers and physicians to be involved in the activities envisaged on the Website, it gives no warranty, express or implied, as to their competence or suitability, which it shall be your responsibility to establish to your own satisfaction.

Euromedonline will be responsible for any losses you suffer as a result of our breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any economic or business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or for any indirect of consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.

We do not limit in any way our liability for death or personal injury arising from a negligent act or omission on our part.

Nothing in these Terms shall affect your statutory rights.

TERMS AND CONDITIONS RELATING TO USE OF THE WEBSITE

Information on the Website

Unless specifically stated otherwise, Euromedonline is not responsible for the information relating to Euromedonline on the Website and makes no warranty in respect of its timeliness, accuracy or availability. The information provided is subject to Euromedonline’s Privacy Policy at the end of these Terms, which you should read before accessing any such information.

Purchase of Pharmaceutical Products

All information on the Website is provided for informational purposes only and is not a substitute for professional medical advice. It is designed to support, not replace, the relationship between you and your healthcare providers. You should make sure that you carefully read all product packaging and labels before use. If you have, or suspect you may have a health problem you should consult your doctor. Please consult your doctor before taking any new product, particularly if you are already under medical care.

Intellectual Property Rights

The Website, and all the text, information and graphic representations or images on it (“Content”), are owned by, or licensed to Euromedonline. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of Euromedonline or its licensors.

You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.

Without Euromedonline’s written consent, you may not use, transfer, copy or reproduce any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.

You warrant that it is legal for you to view this Website in any jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.

Using the Website

Once an order has been placed, even in case of cancellation of the order, the customer will be subject to administrative charges for order processing.

Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details.

You agree not to:

• impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
• modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
• make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
• damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
• use the Website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse;
• publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
• make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
• falsify the true ownership of software or other material or information contained in a file made available via the Website;
• obtain or attempt to obtain unauthorised access, through whatever means, to the Website.

You agree to accept responsibility for all activities that occur under your account (including, without limitation, all orders placed through your account).

No Unlawful or Prohibited Use

You undertake to Euromedonline that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.

You agree to indemnify Euromedonline, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.

Our Use of Your Personal Details

Our Privacy Policy forms an intrinsic part of these Terms. It is set out at the end of these Terms.

Liability Disclaimer regarding Access to or Use of the Website

These provisions do not deal with liability arising from purchases of Products (for which see the provisions headed “Liability” under the ‘Terms and Conditions Relating to Your Dealings with Suppliers’ above).

You agree that you use the Website entirely at your own risk.

In preparing this Website, Euromedonline has endeavoured to offer current, correct and clearly expressed information. However, Euromedonline cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.

Euromedonline makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. Euromedonline expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose to the extent permitted by law.

Euromedonline does not accept any responsibility for any errors or inaccuracies in any advertising material.

Euromedonline shall not be liable for any damages whatever, including without limitation, damages for loss of use, data or profits arising out of the use or performance of this Website, the provision of or failure to provide services, or for any information obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, or otherwise, without limitation, even if Euromedonline has been advised of the possibility of such damage.

If you are dissatisfied with any portion of this Website, or with any of these terms of use, your sole remedy, except as specifically provided in these terms, is to stop using the Website.

Notwithstanding anything in these Terms Euromedonline does not disclaim liability for death or injury caused by its own negligence.

Euromedonline reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.

Availability

Euromedonline reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.

Virus Protection and Compatibility

Whilst certain precautions have been taken to detect computer viruses and ensure security, Euromedonline cannot guarantee that the Website is virus-free and secure.

Euromedonline shall not be liable for any loss or damage that occurs as a result of any virus or breach of security. Euromedonline does not give any warranty as to the compatibility of the Website with your computer systems, software or hardware.

Links to Third Party Sites

This Website contains links to websites operated by parties other than Euromedonline (“Third Party Websites”). These links are provided for your convenience. When you activate one of them, you will leave the Website. Euromedonline has no control over, and will accept no responsibility for or liability in respect of, material on any website that is not under its control.

The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.

You will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without Euromedonline’s written consent.

Termination of Use

Euromedonline may restrict your access to the Website, refuse to correspond with you, or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:

there is a regulatory or statutory change limiting the ability to provide access to the Website;
there is any event beyond the reasonable control of Euromedonline preventing Euromedonline from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
Euromedonline considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.


Monitoring

Euromedonline reserves the right to monitor and track your visits to the Website.

GENERAL TERMS AND CONDITIONS

Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws relating to such access if and to the extent local laws are applicable.

A failure or delay by Euromedonline in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.

None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

Any rights not expressly granted in these Terms are reserved to Euromedonline.

If Euromedonline is hindered or prevented from performing its obligations under these Terms for any cause beyond its reasonable control or by reason of its inability to procure services, materials or articles required for the performance of the contract except at prices higher than those applicable at the date of your order, Euromedonline may at its sole option delay the performance of, or cancel the whole or any part of the contract. In that event, Euromedonline shall not be responsible for its delay or cancellation or any inability to deliver or perform its obligations.

If any provision of these disclaimers and exclusions is unlawful, void or for any reason unenforceable, it shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

These Terms constitute the entire agreement between you and Euromedonline as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.

The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed on the Website.

English law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts.

COPYRIGHT AND TRADE MARK NOTICES:

All contents of this Website are: Copyright 2005 Euromedonline Limited.