Policies

Terms of Service

The following terms and conditions (the “Terms”) govern the sale by The Canadian Drugstore and tcds.com to you (the “Customer”) of the products and services (the “Products”) offered for sale by The Canadian Drugstore. By placing an order for Products, Customer agrees to be bound by and accepts these Terms as well as the Customer Agreement.

1. Use of this web site and the sale of products are governed by the laws of the Province of Ontario, Canada. 
2. We accept no liability for the contents of this website or any of the products sold. Our liability for any product which is defective or causes loss or damage of any kind is limited to the cost of the product or the provision of a replacement. 
3. It is your responsibility to ensure that your use of this website and the purchase of any products from us comply with the law where you are. We make no representation or warranty in this regard.
4. All local taxes, customs duties and other government fees and charges imposed on any products you purchase or on your purchase are your responsibility.
5. By using this website and purchasing products from us, you agree that you are not doing so for the purposes of taking any legal action against us. 
6. All prescription products are dispensed by an independent pharmacy. Any questions regarding prescription products will be referred to a licensed pharmacist. 
7. Prescription products cannot be returned or replaced. 
8. Products sold by The Canadian Drugstore may be sourced from outside the USA. This means that the packaging may be slightly different to that available in stores in the USA. For example, weights and measurements may be in metric. The shape, size and color of the medication may also be different, but the active ingredient will be the same. All instructions for use and safety notices are written in English. You agree to accept the products “as is” and will not object to this. 
9. Prices are subject to change without notice. 

Customer Agreement 

Rx International Services Inc. carrying on business as The Canadian Drugstore requires its customers to enter into the following Agreement.

The Canadian Drugstore has established relationships with licensed pharmacies in, including but not limited to, Canada, the United Kingdom, New Zealand, Australia, Turkey and the United States. The Canadian Drugstore will, in consultation with you and in accordance with your instructions, select the appropriate pharmacy to fill your prescription(s) based on product quality, availability and price.

I, as the undersigned, being over the age of 18, hereby enter into this agreement (the “Agreement”) with The Canadian Drugstore intending to be legally bound.

Disclosure and Representations
I hereby represent and confirm to Rx International Services Inc., The Canadian Drugstore, and each of their constituent entities, as well as to each of their affiliates, associates, related companies, subsidiaries and parent companies and each of their respective directors, officers, shareholders, employees, contractors, successors and assigns (all such persons are hereafter collectively referred to as either “The Canadian Drugstore” or “TCDS” or the “The Canadian Drugstore Agents”) that:

1. I am delivering this Agreement to The Canadian Drugstore because I wish to place an Order with The Canadian Drugstore for certain pharmaceuticals (the “Order”), on the terms and conditions set out herein;

2. The pharmaceutical(s) to be delivered to me in connection with my Order (the “Pharmaceutical(s)”) were prescribed by a doctor licensed to practice medicine in the country, state or other applicable jurisdiction in which I reside or where I sought treatment;

3. The prescription(s) for the Pharmaceutical(s) (the “Prescription”) was lawfully obtained by me;

4. I will use the Pharmaceutical(s) strictly according to the instructions provided by the physician who prescribed the pharmaceuticals, as the person for whom such pharmaceutical(s) were prescribed;

5. I can make my own medical decisions according to the law of the place where I reside;

6. The Prescription has not been altered in any way nor has it been filled prior to submission to The Canadian Drugstore;

7. I am not seeking or relying on any medical information from The Canadian Drugstore and I have consulted a qualified physician licensed in the jurisdiction where I obtained the Prescription within the last year;
8. I understand that it is my responsibility to have regular physical examinations by my primary U.S. licensed physician that is responsible for my care, including all suggested testing to ensure I have no medical conditions or problems that would constitute a contraindication to me taking the Pharmaceutical(s) being prescribed; and

9. I acknowledge that The Canadian Drugstore, its employees and agents have relied on the information and documentation that I am providing (including the Order, the Prescription and Patient Information) and I represent and confirm that I have fully and accurately disclosed all pertinent information and documentation to The Canadian Drugstore. I agree to notify The Canadian Drugstore of any changes to my physical or medical condition by providing updated Patient Information.

Authorization and Consent
10. The authorizations and consents that I am providing herein to The Canadian Drugstore commence on the date I sign this Agreement and will continue until I revoke them. I understand that I can revoke the consents and authorizations I have granted at any time by giving written notice to The Canadian Drugstore of my intentions in that regard.

11. I hereby authorize and appoint The Canadian Drugstore as my agent and attorney for the limited purpose of taking all steps and signing all documents on my behalf necessary to obtain a prescription in the country where the dispensing pharmacy is located that is the equivalent of the prescription that I sent to The Canadian Drugstore (the “Equivalent Prescription”) to the same extent that I could do personally if I were present taking those steps and signing those documents myself. This authorization shall include, but not be limited to, collecting personal health information about me, collecting similar information from my prescribing physician or pharmacist, and disclosing that personal health information to The Canadian Drugstore, its employees, agents, affiliates and service providers, including without limitation the physician licensed in the country where the dispensing pharmacy is located and any pharmacy or pharmacist being retained by The Canadian Drugstore on my behalf (collectively the “The Canadian Drugstore Agents”), as required for the limited purpose of obtaining the Equivalent Prescription and filling my Order.

12. Without limiting anything else herein, I hereby provide my consent to allow any licensed physician retained by The Canadian Drugstore on my behalf to obtain my medical history, drug history, contact information and other necessary documentation from my U.S. physician. I further consent to the physician retained by The Canadian Drugstore on my behalf and my U.S. physician being able to contact one another to discuss my medical condition, as it pertains to the prescribing of my Pharmaceutical(s). I understand that the reason for this consent is to provide the licensed physician retained on my behalf with the full opportunity to conduct an independent analysis of whether my Prescription is appropriate, and discuss any potential medical complications that might arise. I further understand that my medical information will not be used for any other purpose and will be kept in strict confidence. 

13. 
    I hereby specifically acknowledge that I am aware that The Canadian Drugstore will be transmitting my personal health information by electronic means (for example fax, secure internet) to its employees, agents, affiliates and service providers including the physician retained on my behalf. I understand that the use of electronic means will enhance the efficiency and timeliness of processing my Order. I also understand that The Canadian Drugstore, as a custodian of my personal health information, will take all appropriate precautions to protect my personal health information from improper disclosure or use. I hereby consent to The Canadian Drugstore’s transmission of my personal health information by electronic means.
    
    14. I authorize and appoint The Canadian Drugstore and The Canadian Drugstore Agents as my agents and attorneys for the purpose of taking all steps and signing all documents on my behalf necessary to package or repackage my Pharmaceutical(s) and to deliver them to me, to the same extent as I could do if I were personally present taking those steps and signing those documents myself.
    
    15. I acknowledge and agree that I initiated a consultation with The Canadian Drugstore and neither The Canadian Drugstore nor The Canadian Drugstore Agents are located in the United States. 
14. 
    I authorize and consent that I agree to receiving SMS (text) message notifications related to issues such as order refills and other timely updates ​as related to customer service. Message frequency varies. Message and data rates may apply.
    
    Purchase and Sale Terms
    
    17. Once purchased and shipped, no pharmaceutical product may be returned or exchanged.
    
    18. Title to my prescribed medications passes from the pharmacy that fills my prescription to me when my medications are shipped. The Canadian Drugstore is not responsible for delays in shipment or failure to ship by the estimated ship date.
    
    19. The Canadian Drugstore reserves the right to refuse to assist me in obtaining my Order, or any other order, in its sole discretion, in which event I will be entitled to a refund for monies paid for such Order.
    
    20. Neither The Canadian Drugstore nor The Canadian Drugstore Agents provide their agency or attorney services as a substitute for healthcare or the advice of the customer’s primary care physician.
    
    21. I specifically acknowledge and agree that each and every one of these terms and conditions will automatically and without further action by me or The Canadian Drugstore, apply to and govern any future orders by me of pharmaceutical(s) from The Canadian Drugstore unless I specifically indicate otherwise at the time of ordering such pharmaceutical(s). Without limiting the foregoing, each authorization and consent provided by me in this Agreement shall continue until I revoke such authorization or consent (which I can do at any time) in accordance with paragraph 11 above.
    
    Warranties
15. The manufacturer of each product is solely responsible for any warranty associated with a product. To the maximum extent permitted by law, The Canadian Drugstore 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. The Canadian Drugstore’s responsibility for claims in respect of the products is limited to replacement of the product.

The Canadian Drugstore 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, The Canadian Drugstore 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. 

Governing Law
23. I specifically acknowledge and agree that any and all agreements reached or contracts formed throughout the course of my purchase of the Pharmaceutical(s) shall be deemed to be made:
(a) in respect of any pharmaceuticals that were dispensed in Canada, in the Province of Ontario, Canada and accordingly shall be governed by the laws of the Province of Ontario and the laws of Canada applicable to such contracts and agreements; and
(b) in respect of any pharmaceuticals that are dispensed in a country other than Canada, in that jurisdiction and accordingly shall be governed by the laws of the jurisdiction where the pharmaceuticals were dispensed applicable to such contracts and agreements.

24. I specifically acknowledge and agree that any dispute that arises between me and The Canadian Drugstore or any of The Canadian Drugstore Agents shall:
(a) insofar as such dispute related to The Canadian Drugstore or any of The Canadian Drugstore Agents located in Canada, be governed by the laws of the Province of Ontario and the laws of Canada applicable to contracts formed in Ontario, and the courts of the Province of Ontario shall have sole and exclusive jurisdiction over any such disputes; and
(b) insofar as such dispute relates to any The Canadian Drugstore Agents located in a country other than Canada, which dispute shall be governed by the laws of jurisdiction where The Canadian Drugstore Agent is located applicable to contracts formed in that jurisdiction and the courts of that jurisdiction shall have sole and exclusive authority over any such dispute. 

Please contact us if you do not understand these terms of service or want us to clarify something.

I have read and understood the terms and conditions set out in this Agreement and agree, on behalf of myself, my heirs, successors, administrators and assigns to be bound by these terms and conditions.