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This website including any content,
functionality, and services offered on or through this website and its
associated domains and sub-domains (collectively, the “Website”), is operated by Health First Pte Limited., a Fiji corporation or its affiliate(s) (“PharmacyFiji”) on behalf of the pharmacy (“Health First Pharmacy,” and together with PharmacyFiji, “we” or “us”).
These website terms of use (these “Terms”)
govern your access to and use of the Website, which is offered to you
conditioned upon your acceptance without modification of these Terms.
Please read these Terms carefully prior to using the Website. THESE
TERMS CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF OUR
LIABILITY, YOUR INDEMNIFICATION OBLIGATIONS, AND THE LAW GOVERNING, AND
DISPUTE RESOLUTION PROCEDURES RELATED TO, YOUR ACCESS AND USE OF THE
WEBSITE.
By accessing or using the Website or other
elements of the Website, or by clicking to accept or agree to these
Terms when this option is made available to you, YOU AGREE TO BE BOUND by these Terms, and our Privacy Policy, available at http://www.pharmacyfiji.com/privacy-policy/ (“Privacy Policy”), incorporated herein by reference. If
you do not want to accept all of the terms, conditions and notices of
these Terms, you must immediately discontinue your use and access of the
Website.
The parties agree as follows:
1. Our Collection and Use of Your Data is Governed by Our Privacy Policy
PharmacyFiji believes in protecting
your privacy. All information we collect on the Website is subject to
our Privacy Policy. By using the Website or by clicking to accept or agree to these
Terms when this option is made available to you, you consent to our use
of your information and our contacting you, in each case, in compliance
with our Privacy Policy.
2. THE WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE
The text, graphics, images, software applications, information and other material contained on the Website (“Content“)
are for informational purposes only. The Content is not intended to
replace or be a substitute for professional medical advice, diagnosis,
or treatment. It is your sole responsibility to check product
information, including drug packets inserts, regarding dosage,
precautions, warnings, interactions, and contraindications before
administering or using any drug or supplement discussed on the Website.
Always seek the advice of your physician, pharmacist, or other qualified
health provider with any questions you may have regarding a medical
condition, before staring any new medication or treatment or the proper
use of pharmaceutical products. Never disregard professional medical
advice or delay in seeking it because of something you have read on this
site.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY IMMEDIATELY CALL EMERGENCY SERVICES OR GO TO THE NEAREST EMERGENCY ROOM.
3. PharmacyFiji Does Not Endorse or Recommend any Specific Products or Services
PharmacyFiji contracts with Pharmacy
and various pharmaceutical companies to provide coupons, discounts and
other Content to users of the Website. References to, or descriptions or
images of, products or services (or related coupons and discounts) on
the Website are not endorsements of such products or services and such
products or services may be available by third parties. PharmacyFiji does not recommend or endorse any specific tests, physicians,
pharmacist, products, services, procedures, opinions, or other
information that may be mentioned on the Website.
4. PharmacyFiji is Not Responsible for Third-Party Content
The Website may contain links to
third-party web sites. PharmacyFiji is not responsible for the
content of linked third-party sites, sites framed within the Website,
third-party sites provided as search results, or third-party
advertisements, and does not make any representations or warranties
regarding the content or accuracy of any such content. Your use of
third-party websites is at your own risk and subject to the terms and
conditions of use for such sites.
5. We May Update or Otherwise Revise These Terms at Any Time
We reserve the right to change or otherwise
modify these Terms at any time. All changes are effective immediately
when we post them, and apply to all access to and use of the Website
thereafter. Your continued access or use of the Website after receiving
notice of any the update, modification or other change to these Terms
signifies your acceptance thereof.
6. You Must Meet Certain Conditions to Use the Website
As a condition of your use of the Website, you warrant that you:
- are at least 18 years of age; and
- are legally responsible to take care of your actions.
If you do not meet all of the following, you must immediately discontinue your use and access of the Website.
7. You are Prohibited from Using the Website for Certain Purposes
You may use the Website only for lawful
purposes and in accordance with these Terms of Use. You agree not to,
and you must not, use the Website:
- In any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the US or other
countries).
- For the purpose of exploiting, harming, threatening, harassing or defaming any person, or attempting to do any of the foregoing.
- In any manner that could disable, overburden, damage, or impair the
Website or interfere with any other person’s use of the Website,
including their ability to engage in real time activities through the
Website.
Additionally, you agree not to, and you must not:
- Use any robot, spider, or other automatic device, process, or means
to access the Website for any purpose, including monitoring or copying
any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the
Website or for any other unauthorized purpose without our prior written
consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or
disrupt any parts of the Website, the server on which the Website is
stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- “Frame,” “mirror” or otherwise incorporate any part of this Website into any other website.
- Otherwise attempt to interfere with the proper working of the Website.
In addition to any rights we may have or
remedies we may pursue, we may deny your access to and use of the
Website if we believe you have engaged in any activity prohibited under
this Section.
8. Communications
IF YOU HAVE AGREED THAT WE CAN SEND YOU
MESSAGES CONTAINING ADVERTISEMENTS OR OFFERS FOR GOODS AND SERVICES, WE
MAY DO SO FROM TIME TO TIME AND MAY SEND SUCH OFFERS BY VOICE OR SMS (OR
TEXT) MESSAGE TO THE MOBILE PHONE NUMBER YOU DESIGNATE FOR SUCH
PURPOSE. Message and data rates for such SMS messages may apply. Your
consent to receipt of such messages is not, and will not be, a condition
to any purchase. If at any time you change your mind regarding your
consent to such messages, you must contact us in accordance with these
Terms..
9. Intellectual Property Rights
The content and information on the Website
is proprietary to us and/or our partners and providers and is protected
by international copyright, trademark, patent, trade
secret and other intellectual property and proprietary rights laws.
You agree not to modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, transmit, store, download, sell, or
re-sell any information, software, products, materials or services
obtained from or through the Website, except you may take such actions:
- as necessary for, or incidental to, your use of the Website (such as
storing files that are automatically cached to your internet browser);
or
- to make a reasonable number of copies of Website pages for your own personal, non-commercial use.
No right, title or interest in or to the
Website or any content on the Website is transferred to you, and all
rights not expressly granted are reserved by PharmacyFiji.
10. Disclaimer Regarding International Use
PharmacyFiji makes no claim that the
Website is appropriate or lawful for use or access internationally. Furthermore, our databases are located in the United States. If
you access the Website from outside the United States, you do so at
your own risk. You are solely responsible for complying with all local
laws, rules and regulations regarding online conduct and website access.
By sending us your data, you consent to its transfer to and storage
within the United States.
11. Limitations of Liability of PharmacyFiji and Its Licensors
You understand and agree that neither
PharmacyFiji nor its suppliers or vendors are responsible for any
claim, loss, or damage directly or indirectly resulting from your use of
the Website or the information resources contained or accessible
through the Website. The access to and use of the Website and the
Content is solely at your own risk. When using the Website, information
will be transmitted over a medium that may be beyond the control and
jurisdiction of Website and its suppliers. Accordingly, PharmacyFiji assumes no liability for or relating to the delay, failure,
interruption, or corruption of any data or other information transmitted
in connection with use of The Website.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL PHARMACYFIJI, ITS SUPPLIERS OR
VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS OR PARTNERS
(COLLECTIVELY, “PHARMACYFIJI & PARTIES”) BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS
OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY
OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE
WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, ANY DEFECTS IN
THE CONTENT, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE,
ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR OTHER RESOURCES
AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
ANY LIABILITY ON THE PART OF THE PHARMACYFIJI & PARTIES, IN THE AGGREGATE, SHALL NOT EXCEED FJ.$1. PHARMACYFIJI & PARTIES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY,
INCLUDING DEATH, CAUSED BY USE OR MISUSE OF THE WEBSITE, CONTENT, OR
SERVICES. Any claims arising in connection with your use of the Website,
any Content, or services must be brought within one (1) week of the
date of the event giving rise to such action occurred. Remedies under
these Terms are exclusive and are limited to those expressly provided
for in these Terms.
You acknowledge and agree that the
limitations set forth above are fundamental elements of these Terms and
the Website would not be provided to you absent such limitations.
12. Disclaimer of Warranty
The Website and the content are provided on
an “as is” basis. PharmacyFiji, ITS LICENSORS, AND ITS SUPPLIERS,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, PharmacyFiji, its licensors, and its suppliers make no representations or
warranties about the following:
- The accuracy, reliability, completeness, currency, or timeliness of
the Content, products, software, functionality, text, graphics, links,
or communications provided on or through the use of the Website or
Digital Pharmacist, including the substance, accuracy, or sufficiency of
any service or product information listed on the Website.
- The satisfaction of any government regulations requiring disclosure
of information on prescription drug products or the approval or
compliance of any software tools with regard to the Content contained on
the Website.
- That the Website will operate without interruption or error.
13. How to Contact Us
For questions or comments regarding these
Terms, please contact us at pharmacist@pharmacyfiji.com.
14. Governing Law and Venue
THESE TERMS AND YOUR USE OF THE WEBSITE
SHALL BE GOVERNED BY THE LAWS OF FIJI, WITHOUT REGARD TO
PRINCIPLES OF CONFLICT OF LAWS.
The state or federal courts sitting in
Fiji shall have exclusive jurisdiction and venue over
any dispute arising out of these Terms and sale, and you hereby consent
to the jurisdiction of such courts.
These Terms may not be modified,
supplemented, qualified, or interpreted by any trade usage or prior
course of dealing not made a part of these Terms by its express terms.
The invalidity or unenforceability of any provision of these Terms shall
not affect the validity of these Terms as a whole and any such
provision should be enforced by authorities, and reconstructed if need
be, to apply to the maximum extent allowable under applicable law. The
failure by either party to enforce at any time any of the provisions of
these Terms, to exercise any election or option provided herein, or to
require at any time the performance of the other of any of the
provisions herein will not in any way be construed as a waiver of such
provisions. The section headings used herein are for convenience only
and shall not be given any legal importance.