Terms of Service

1) Introduction and definitions

These Terms of Use (“Terms”) constitute a legal agreement between you (collectively, “User,” “you,” or “your”) and FlashPharmacy (“we,” “us,” or “our”). FlashPharmacy provides an online and offline platform (the “Services”) that enables you to manage prescriptions, order medications, and communicate with licensed pharmacists and healthcare professionals in accordance with applicable Canadian federal and provincial laws.

By accessing and using our website, mobile applications, and related services (collectively, the “Site” or “Platform”), you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

For the purposes of these Terms:

• Content means any text, images, designs, trademarks, logos, videos, audio, data, software, or other materials made available through or on the Site or Services.
• Services means all features and functionalities made available by FlashPharmacy, including prescription management, compounding (if applicable), e-commerce transactions, healthcare communications, and related offerings.
• Patient Representative means an individual who is authorized to act on another patient’s behalf to manage that patient’s prescriptions and account settings under applicable laws and regulations.

Age restriction: You must be at least fourteen (14) years of age to use the Site, Platform, or Services. If you are under 14, please do not access or use the Site, and have a parent or legal guardian assist you.

2) Acceptance of terms, changes, and revisions

1. Acceptance

   By accessing or using our Site, creating an account, or submitting any information, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. Modifications

   We reserve the right to revise these Terms at any time, acting in our sole discretion. When changes are made, we will update the “Effective date” and post the revised Terms on the Site. Continuing to use the Services after any revisions are posted indicates your acceptance of such changes.

3) Medical emergency disclaimer

Do not use the Site for medical emergencies. If you experience a medical emergency, call 911 immediately or seek professional medical help. Under no circumstances should you attempt self-treatment based on anything you read or see on the Site or Services.

4) General information

All information provided through the Site is for informational purposes only. It does not constitute medical advice, diagnosis, or treatment, and is not a substitute for professional healthcare. Always consult a licensed physician, pharmacist, or other qualified healthcare provider regarding medical questions, possible treatments, or any conditions you believe may be relevant to you. Never disregard or delay seeking professional advice because of something you have read on our Site.

5) No pharmacist-patient relationship

Using the Site does not establish a pharmacist-patient relationship between you and any FlashPharmacy pharmacist. Such a relationship is established only after a licensed FlashPharmacy pharmacist has reviewed your prescription details, engaged in direct communication with you (or your Patient Representative), and confirmed your patient account.

6) Prescription fulfillment and requirements

1. Valid prescription

   You must have a valid prescription from a physician or other healthcare professional licensed to prescribe medications in Canada. Prescriptions may be uploaded through our online portal or as otherwise instructed by our licensed pharmacists.

2. Transfers
   • If you wish to transfer your existing prescriptions from another pharmacy, you must provide us with that pharmacy’s name and accurate contact details. We will coordinate the transfer on your behalf. By requesting such a transfer, you consent to the release and exchange of your prescription data.
   • If a prescription changes or renews, your prescriber may fax or otherwise send it directly to us, or you may upload the updated prescription via our portal.
3. Narcotics, controlled substances, and delivery radius
   • We may dispense narcotics, controlled, or targeted substances where permitted by law. Delivery of these items may be limited to certain local areas or require additional verification.
   • We reserve the right to refuse or limit shipments of controlled substances if you are located outside a defined delivery radius. Please contact us for more information on geographic restrictions.
4. Compounding policy
   • Certain medications may need to be specially compounded. By requesting or accepting compounded prescriptions, you expressly authorize FlashPharmacy to share your personal health information (including prescription details, allergies, and relevant medical history) with a partner compounding pharmacy solely for the purpose of preparing and dispensing your compounded medication.
   • If you have any questions or concerns regarding the compounding process, fees, or timelines, please contact us before the prescription is dispensed.
5. Child-resistant packaging disclaimer
   • Certain packaging (e.g., blister packs, compliance packs) may not be child-resistant. You acknowledge that any medication packaging provided by FlashPharmacy must be kept out of reach of children.
   • By opting for non-child-resistant packaging, you assume all associated risks and agree to properly secure all medications.
6. Prescription refills
   • We may notify you by phone, SMS, or email when refills are due. You can then choose to refill through our portal or by contacting us.
   • If you are running out of refills, we may, with your consent, contact your prescriber to request a renewal. Delivery of renewed prescriptions may be subject to the same terms and limits as your original prescription.

7) Use of the platform and your account

1. Account creation
   • To access certain features, you must create an account (“Account”). You agree to provide accurate, complete information and to update it promptly if changes occur (e.g., new email, address, or insurance).
   • You are responsible for safeguarding your username, password, and other login credentials. Do not share them with anyone. If you suspect unauthorized access to your account, contact us immediately.
2. Patient representatives
   • You may appoint a Patient Representative (family member, caregiver, or other authorized individual) to manage prescriptions or account details on your behalf. By adding a Patient Representative, you consent to that individual’s ability to view and manage your account, including personal health information.
   • If you are a Patient Representative, you attest you have the legal authority to act on behalf of the patient.
3. Service monitoring and suspension
   • We reserve the right to monitor, suspend, or terminate your Account at any time for any reason, including violations of these Terms or applicable laws.
   • In the event of an account suspension or termination, we may arrange to transfer any existing prescriptions to another licensed pharmacy of your choice (if permitted by law and if the medication is not a controlled substance).
4. Consent to electronic communications

   By registering an Account, you consent to receive electronic communications (“Electronic Communications”) including, but not limited to, email, SMS, and notifications through the Site. These messages may include transactional notices (e.g., prescription updates) and, if you have not opted out, promotional messages.

8) Payment terms and insurance

1. Accepted payment methods
   • We accept major Canadian insurance plans for prescription medications, and you are responsible for any co-payment or amount not covered by your plan.
   • We also accept out-of-pocket payments (credit card or other methods), subject to the payment processor’s terms and conditions.
2. Insurance claims
   • By providing your insurance details, you authorize us to submit claims to your insurer on your behalf.
   • If the insurer covers only a portion of the cost, you must pay the remaining balance. You remain fully responsible for any costs your insurer rejects or partially covers.
   • If your insurance plan requires prior authorization, we may coordinate with your prescriber and insurance company, but final approval decisions rest with your insurer.
3. Outstanding balances

   If payment is declined or overdue, you must contact us to arrange a payment plan. Failure to resolve outstanding balances may result in suspension of further deliveries.

4. Fees and changes

   We reserve the right to update fees for medications or related Services (e.g., shipping) at any time. Any updated fees will be posted on the Site or communicated electronically.

5. Refunds and returns
   • Due to health and safety regulations, we typically cannot accept returns of prescription medications. If you have questions about potential refund eligibility, please contact our pharmacy team.
   • Non-prescription items may be subject to return or refund according to applicable policy and provincial regulations.

9) E-commerce transactions

You understand and agree that:

• All transactions completed through our Site or Services (including those done by your Patient Representative on your behalf) are considered offers to purchase; such offers are deemed accepted when your chosen payment method is successfully charged.
• FlashPharmacy (or its authorized third-party payment processor) may automatically charge your payment method for the applicable fees, plus any required taxes.
• Once a transaction is processed, amounts are generally not refundable (except in limited circumstances as required by law or our policy).
• In cases where shipping or delivery is restricted due to geographic limitations, we may cancel or adjust the order and refund you as appropriate.

10) Intellectual property and content ownership

1. Trademarks and logos

   All trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of FlashPharmacy or its licensors. You are prohibited from using these Marks without our explicit written permission.

2. Site content

   All text, images, videos, data, software, and other Content provided through our Site or Services are owned by us or licensed to us. You may not modify, copy, distribute, or otherwise exploit any Content without our express written consent.

3. Limited license

   Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable license to access and use the Site and Services for personal, non-commercial purposes only.

11) Linked sites and third-party services

1. Linked sites

   The Site may contain links to third-party websites or resources (“Linked Sites”) that we do not operate or control. Access these at your own risk. We are not responsible for their content, privacy policies, or practices.

2. Third-party functionality

   Our Services may integrate with features or marketplaces (e.g., app stores). We are not liable for issues arising from your use of these third-party platforms. Review their terms and privacy policies carefully.

12) Warranties and limitations of liability

1. No warranties

   The Site, Services, and Content are provided “as is” and “as available,” without warranties of any kind , express or implied. We do not guarantee the accuracy or reliability of any information on the Site.

2. Limitation of liability
   • FlashPharmacy (including its officers, directors, employees) shall not be liable for any direct, indirect, incidental, consequential, or special damages (including but not limited to personal injury, lost profits, or lost data) arising from or related to your use of the Site or Services, to the fullest extent permitted by law.
   • In any event, our total liability to you shall not exceed the aggregate amount you have paid to us, if any, for the Services in question.
3. Health and safety

   We provide general educational information. It is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a licensed healthcare provider for personal medical guidance.

13) Indemnification

You agree to defend, indemnify, and hold harmless FlashPharmacy, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, actions, liabilities, damages, costs, or expenses (including legal fees) arising out of or in connection with:

• Your breach of these Terms.
• Your misuse of the Site, Services, or Content.
• Your violation of any law or the rights of a third party.

14) Termination

1. Termination by you

   You may terminate these Terms by discontinuing the use of our Site, Services, and content, and by closing your Account.

2. Termination by us

   We may terminate or suspend your Account or access to the Services at any time, without notice, if we believe you have violated these Terms or applicable laws. Upon termination, you must cease using the Site and Services. We will cooperate to transfer any non-controlled-substance prescriptions to another licensed Canadian pharmacy of your choice, if applicable.

15) Governing law

These Terms and your use of the Site and Services are governed by the laws of the province in which we are licensed and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree to submit to the exclusive jurisdiction of the courts located in that province for any legal proceedings arising from these Terms or your use of the Services.

16) Force majeure

We are not liable for delays or failures to perform resulting from causes outside our reasonable control, including natural disasters, acts of government, strikes or labor disputes, internet or utility failures, cyber-attacks, or other similar events.

17) Entire agreement; severability; no waiver

• These Terms (together with our Privacy Policy and any additional terms referenced) constitute the entire agreement between you and FlashPharmacy regarding the Services.
• If any provision of these Terms is deemed unlawful or unenforceable, that provision is deemed severed and does not affect the validity of the remaining terms.
• Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

18) Updates, notices, and communications

• We may send you notices via email, text message, or by posting them on the Site. You are deemed to have received such notices upon posting or transmission.
• Any notices or questions you have regarding these Terms should be directed to our Contact Page.

19) Questions or concerns

If you have questions, concerns, or requests regarding these Terms or your use of the Site and Services, please visit our Contact Page for information on how to reach us.

Effective date: 23 Dec 2024