If you access or use this web site (www.daveydrug.com), you accept and agree to be bound by and comply with the following terms and conditions. If you do not accept these Terms, do not use the Site.
All products and services of Pharmasave Davey Drug Mart are subject to the terms and conditions of the applicable agreements governing their use or sale.
These Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site. In the event of any conflict, the terms provided in the pages of the Site will govern.
The information, material and content provided in the Site may be changed at any time without notice. Changes may be made to these Terms at any time without notice by updating this posting. You agree to review these Terms regularly and your continued access or use of the Site will mean that you agree to any changes.
LOCAL LAWS; EXPORT CONTROL
It is important to note that not all of the products, services and Information are available in all provinces or in jurisdictions outside Canada. The Information does not constitute an offer or solicitation to buy or sell any product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation.
The terms and conditions applicable to any product, service or information will be those determined at the time of provision of the product, service or information. Please be aware of the laws of your jurisdiction or that otherwise apply to you in relation to any of the matters described in these pages. If you choose to access the Site from outside of the Province of Alberta or the Country of Canada, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws. You may not use or export or re-export the Information or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.
NOT OFFERING ANY ADVICE
The Information is for informational purposes only and is not intended to provide specific advice for you, and should not be relied upon in that regard. You should not act or rely on the Information without seeking the advice of a professional. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS SITE FOR DIAGNOSING, TREATING, CURING OR PREVENTING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCT ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY THE PRODUCT. ALWAYS CONSULT YOUR OWN PHYSICIAN FOR ADVICE AND TREATMENT.
PHARMASAVE DAVEY DRUG MART PROVIDES THE SITE AND THE INFORMATION ON AN "AS IS, WHERE IS AND AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PHARMASAVE DAVEY DRUG MART DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE SITE OR THE INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, CURRENTNESS, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, PHARMASAVE DAVEY DRUG MART DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED, OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE ALL PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.
YOU ACKNOWLEDGE AND AGREE THAT PHARMASAVE DAVEY DRUG MART DOES NOT ENDORSE THE CONTENT OF ANY MEMBER OR ANY SITE ACCESSED VIA LINKS OR OTHER MEANS FROM THE SITE AND IT IS NOT RESPONSIBLE OR LIABLE FOR SUCH CONTENT EVEN THOUGH IT MAY BE UNLAWFUL, HARASSING, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, HARMFUL, OBSCENE, OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER PERSON.
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PHARMASAVE DAVEY DRUG MART BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION, EVEN IF PHARMASAVE DAVEY DRUG MART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TRADE-MARKS AND COPYRIGHT
Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Site are trade names or trade-marks owned by Pharmasave Davey Drug Mart , or trade names or trademarks owned by third parties. The display of trademarks and trade names on pages at the Site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents of the Site may be a violation of any federal or other law that may apply to trademarks and/or copyrights and could subject the copier to legal action.
The Information is protected under the copyright laws of Canada and other countries. Unless otherwise specified, no person has permission to copy, download, display, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the Information. Permission is granted to you to display, copy, distribute and download the Information for personal, non-commercial use only provided you do not modify the Information and that you retain all copyright and other proprietary notices contained in the Information. Notwithstanding the foregoing, nothing contained in this Site shall be construed as granting by implication or otherwise, any license or right to use or modify any trademarks of Pharmasave Davey Drug Mart or any third party, except with the express written permission of Pharmasave Davey Drug Mart or such other party that may own the applicable trademark. This permission terminates automatically if you breach any of these Terms. Upon termination of these Terms, you will immediately destroy any downloaded and printed materials. Any unauthorized use of any Information may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Any unprotected EMail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. Pharmasave Davey Drug Mart is not responsible for and will not be liable to you or anyone else for any damages in connection with an E-Mail sent by you to Pharmasave Davey Drug Mart or an E-Mail sent by Pharmasave Davey Drug Mart to you at your request.
No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.
Links from or to web sites outside the Site are meant for convenience only. Pharmasave Davey Drug Mart does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and Pharmasave Davey Drug Mart will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and Pharmasave Davey Drug Mart is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-proprietary, and may be used by Pharmasave Davey Drug Mart for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
You agree to protect and fully compensate Pharmasave Davey Drug Mart from any and all third-party claims, liability, damages, expenses and costs (including but not limited to reasonable legal fees) arising from your use of the Site and the Information, your violation of any of these Terms, your infringement of any intellectual property or other right of any person.
These Terms and any terms incorporated or referred to herein constitute the entire agreement between you and Pharmasave Davey Drug Mart relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Pharmasave Davey Drug Mart making such amendments or modifications in accordance with these Terms.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Last updated: April, 2017
Terms of Sale
The following terms and conditionsgovern the sale by Pharmasave Davey Drug Mart (carrying on business as Pharmasave Davey Drug Mart to you the Customer of the products and services offered for sale by Pharmasave Davey Drug Mart . By accepting delivery of the Products described on a purchase order, Customer agrees to be bound by and accepts these terms.
- Other Documents. These terms may not be altered, supplemented, or amended by the use of a Customer purchase order or similar Customer document. Any attempt by Customer to alter, supplement or amend this document or to enter into an order for Product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Pharmasave Davey Drug Mart . Pharmasave Davey Drug Mart may change these terms and conditions as they relate to future sales or deliveries at any time without prior notice.
- Governing Law. These Terms will be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with these Terms shall be submitted to and be subject to the jurisdiction of the courts of the Province of Alberta. The parties submit and attorn to the exclusive jurisdiction of the courts of the Province of Alberta to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with these Terms.
- Orders; Prices; Payment Terms; Interest. Orders are not binding upon Pharmasave Davey Drug Mart until accepted by Pharmasave Davey Drug Mart in writing. The prices for the Products shall be as set forth in Pharmasave Davey Drug Mart website as at the time of acceptance of an order by Pharmasave Davey Drug Mart . Prices for Products shall be subject to change without any further notice. Credit terms are within Pharmasave Davey Drug Mart 's sole discretion, and unless otherwise specified in Pharmasave Davey Drug Mart 's invoice, payment must be received by Pharmasave Davey Drug Mart prior to Pharmasave Davey Drug Mart 's acceptance of an order. Payment for the Products will be made by a credit card accepted by Pharmasave Davey Drug Mart , wire transfer, bank draft, personal cheque or money order. Personal cheques are accepted. If credit terms have been agreed to by Pharmasave Davey Drug Mart , invoices are due and payable within thirty days after the date of the invoice. Customer agrees to pay interest on all amounts past due at a rate of 18 per cent per annum.
- Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Pharmasave Davey Drug Mart 's invoice(s). The Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on Pharmasave Davey Drug Mart 's net income. If applicable, a separate charge for taxes will be shown on Pharmasave Davey Drug Mart 's invoice
- Title. Title to Products passes from Pharmasave Davey Drug Mart to Customer at the time the Products leave Pharmasave Davey Drug Mart's Canadian pharmacy. Customer shall be responsible for all loss or damage to the Products that occurs during shipping. Ship dates are estimates only. Pharmasave Davey Drug Mart is not liable for delays in shipment or failure to ship by the estimated ship date.
- Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Pharmasave Davey Drug Mart DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Pharmasave Davey Drug Mart 'S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.
- Return Policy. Due to the nature of the Products, Products are not returnable. All sales are final.
- Exchanges. From time to time, Pharmasave Davey Drug Mart may, in its sole discretion, exchange and replace a Product, in the event of damage or defect of the Product. Any exchanges will be made in accordance with Pharmasave Davey Drug Mart 's exchange policies in effect on the date of the exchange.
- Products. Pharmasave Davey Drug Mart may revise and discontinue Products at any time without prior notice.
- Limitation of Liability. Pharmasave Davey Drug Mart DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR DELAYS EXPERIENCED IN CUSTOMERS RECEIVING PRODUCTS THAT HAVE BEEN PURCHASED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Pharmasave Davey Drug Mart WILL NOT BE LIABLE FOR DAMAGES ARISING FROM PERSONAL INJURY OR DEATH, LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, OR DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.
- Exports. The Customer acknowledges that the Products sold hereunder are subject to applicable export control laws and regulations.
- Entire Agreement. Customer agrees that these Terms and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and Pharmasave Davey Drug Mart pertaining to the subject-matter of these terms and conditions, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and Pharmasave Davey Drug Mart . In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to herein, these terms and conditions of sale shall govern.
- Severability. The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.
- Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
- Force Majeure. Pharmasave Davey Drug Mart shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested Products, mail delays, customs delays, lost shipments. Pharmasave Davey Drug Mart shall not be responsible to notify the Customer in the event of such delays. Customer shall be solely responsible to make other arrangements to purchase alternative Products and any costs incurred in connection with such purchases.
Pharmasave - Davey Drug Mart is required to gather and uses any information that is necessary for fulfilling your orders for our products and services. Some of the personal information typically includes:
- name, mailing address, e-mail address, referral source, telephone/fax numbers the name of your primary physician, birth date, the existence and types of drug allergies, medications requested, your personal medical history information, existing medication details, credit card information (including card type and number, expiry date and name of card holder), and prescription information.
The choice to provide us with personal information is yours. However, your decision to withhold particular details may limit the products and services we are able to provide and make it more difficult for us to advise you or suggest appropriate alternatives. If we are unable to accommodate your request based on the information that has been provided, we may ask for additional details in order to identify other ways to be of assistance. We may also maintain a file containing contact history that is used for customer inquiry purposes.
The Purposes for Personal Information
We use your personal information to communicate with you, enhance your visit to our website, process your prescription orders and effectively provide the products and services you have requested. We provide your personal information to a Canadian physician to review and cosign your prescription.
We may use your personal information to offer additional products and services sold by Pharmasave - Davey Drug Mart. In the event of a sale of all or substantially all of the assets of Pharmasave - Davey Drug Mart records containing personal information may be transferred to the purchaser. We will NOT provide any of your personal information to an outside organization for use in marketing or solicitation.
We only use your personal information for the purposes that we have disclosed to you. If for any reason your information is required to fulfill a different purpose, we will notify you and ask you for your consent before we proceed.
In some instances such as a legal proceeding or court order, we may also be required to disclose certain information to authorities. Only the information specifically requested is disclosed and we will take precautions to satisfy ourselves that the authorities who are making the request have legitimate grounds to do so.
When you visit our website, information is not collected that could identify you personally unless you choose to provide it voluntarily. You are welcome to browse our website at any time anonymously and privately without revealing any personal information about yourself.
The ACT and Privacy Principles
In addition to our policies, we follow and committed to achieving and exceeding the privacy standards established by Canada's Personal Information Protection and Electronic Documents Act. This is includes the following principles:
The privacy provisions are based on the Canadian Standards Association's Model Code for the Protection of Personal Information, recognized as a national standard in 1996. The Standard addresses the ways in which organizations collect, use and disclose personal information. It also addresses the rights of individuals to have access to their personal information and to have it corrected if necessary. The code's 10 principles are:
1. Accountability: An organization is responsible for personal information under its control and shall designate an individual or individuals who are accountable for the organization's compliance with the following principles.
2. Identifying Purposes: The purposes for which personal information is collected shall be identified by the organization at or before the time the information is collected.
3. Consent: The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except when inappropriate.
4. Limiting Collection: The collection of personal information shall be limited to that which is necessary for the purposes identified by the organization. Information shall be collected by fair and lawful means.
5. Limiting Use, Disclosure, and Retention: Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by the law. Personal information shall be retained only as long as necessary for fulfilment of those purposes.
6. Accuracy: Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
7. Safeguards: Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.
8. Openness: An organization shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.
9. Individual Access: Upon request, an individual shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
10. Challenging Compliance: An individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals for the organization's compliance.
Our technology is current and we maintain security standards to ensure that your personal information is protected against unauthorized access, disclosure, inappropriate alteration or misuse. All safety and security measures are also appropriate to the sensitivity level of your information. Electronic client files are kept in a secured environment with restricted access, as well all paper-based files are stored in restricted access areas.
We manage our server environment appropriately and our firewall infrastructure is strictly adhered to. Our security practices are reviewed periodically and we employ current technologies to assist us in protecting the confidentiality and privacy of your information.
In the course of daily operations, we restrict access to personal information to authorized employees who have a legitimate business purpose and reason for accessing it. As a condition of their employment, all employees are required to sign a confidentiality agreement, abide by the privacy standards we have established and to follow all applicable laws and regulations. Unauthorized access to and/or disclosure of client information by an employee is strictly prohibited. All employees are expected to maintain the confidentiality of personal information at all times and failing to do so will result in appropriate disciplinary measures, which may include immediate dismissal.
Accessing, Editing and Updating Your Information
Decisions are often made based on the information we have. Therefore, it is important that your personal information is always accurate and complete. As a customer, you have the right to access, verify and amend the information held in your personal and financial files.
To help us keep your personal information updated, we encourage you to amend inaccuracies and make corrections as often as necessary. Despite our efforts, errors sometimes do occur. Should you identify any incorrect or out-of-date information in your file(s), we will make the proper changes and provide you with a copy of the corrected information. Where appropriate, we will communicate these changes to other parties who may have unintentionally received incorrect information from us.
Customers may direct any questions or inquires with respect to our practices or your personal information by contacting our Privacy Officer, as follows:
Pharmasave - Davey Drug Mart
4812 – 50 Ave. Box 10021, Bonnyville, AB T9N 0A6
Telephone: (780) 826-4445