Terms & Conditions

 Last modified: Aug 10, 2023

These website terms and conditions constitute a legal agreement and are entered into by and between our customers and Website users (“you” and “users”) and I-Med Pharma Inc. and our affiliates and subsidiaries (“Company,” “I-MED,” “we,” “us,” or “our“). I-MED sells certain eye care products through the WooCommerce.com e-commerce platform, a service provided by Automattic Inc. and operating as Aut O’Mattic A8C Ireland Ltd. in Canada (“Automattic”).

The following terms and conditions, together with the Privacy Policy (which is incorporated herein by reference), and any other documents or additional terms they expressly incorporate by reference (collectively, these “Terms of Use“), govern your access to and use of any content, functionality, products, and services (collectively, the “Service”) offered on or through www.imedpharma.com (the “Website“).

SECTION 1 – ELIGIBILITY

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must review this agreement with your parent or guardian or make sure that you and your parent or guardian understand and agree to it, and your parent or guardian consents to your use of the Website.

The owner of the Website is based in the Province of Quebec in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside of Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

SECTION 2 – CHANGES TO THE TERMS OF USE

You can review the most current version of the Terms of Use by reviewing the date at the top of this page. We reserve the right, at our sole discretion, to update, change or replace without notice any part of these Terms of Use by posting updates and changes to our website. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 3 – ACCOUNT SET-UP; SECURITY; PROHIBITED CONDUCT

The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using 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; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

SECTION 4 – PAYMENT AND REFUNDS

All products purchased via the Website are for personal use only and not for resale or any other commercial purpose. We, or Automattic, will keep your detailed payment information, such as credit card number and expiry date on file. You are responsible for keeping your payment details up to date by changing the details in your account settings. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may cancel your order.

All orders, purchases or transactions for the sale of good or services made using this Website are subject to Automattic’s Terms of Service.

To purchase products from us you must provide one or more payment methods. The price for any products and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged to the payment method you provide to us. You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may cancel any order made by you without further notice. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Local tax and transaction charges may vary depending on the payment method used. Check with your payment method service provider for details.

Shipping Fees

All orders end customer orders of less than $75 dollars, after discounts and before tax, will be subject to a flat shipping fee of ten dollars ($10.00). This fee will be added to the total cost of the order at checkout. If an order consists of $75 dollars or more, the aforementioned flat shipping fee will not apply, and shipping costs, if any, will be determined according to our standard shipping policy, as outlined elsewhere in these terms and conditions. In the event that an order is to be shipped outside of our carrier’s normal delivery area, additional charges may apply. These additional charges will be communicated to the customer prior to finalizing the order and will be added to the total cost at checkout. The flat shipping fee is non-refundable, even if the ordered items are returned, unless otherwise specified in our return policy or required by applicable law. We reserve the right to amend or change this shipping fee clause at any time. Such changes will be effective immediately upon posting the updated terms and conditions on our website, and you waive any right you may have to receive specific notice of such changes. Your continued use of our services and products after such changes signifies your acceptance of these changes.

Shipments outside of Canada may incur customs fees, depending on the destination country. The fee may vary depending on your order value, country limits, and other factors. These fees are your responsibility.

For more information about how we handle returns, please refer to our Return Policy

Additional terms for health care professionals

The following terms in this Section 4 apply to health care professionals who access our Website or place orders on behalf of their patients for us to then fulfill and ship directly to patients. These terms also apply when accessing our Website through the GetSightly, or Otto Optics Platform, both are online services designed and offered by Patient Commerce Inc. (“GetSightly“) and Otto Optical Systems Inc. (“otto”) respectively to health care professionals.

Any requests to fulfill orders and ship to your patients may be subject to additional fees. By accessing our Website through GetSightly or Otto Optics to place orders for products services, you are acknowledging that you have complied with all legal and regulatory requirements, including any privacy laws and professional standards or codes of conduct that may be applicable to you, including any laws related to the shipping and delivery of products to your patients. You hereby notify us there is nothing prohibiting us from fulfilling the orders and shipping products to your patients. Prior to placing any order for us to directly ship to a patient, you are responsible for obtaining the patient’s consent to having their personal information transferred, used and stored in accordance with our Privacy Policy, to allow us to fulfill the order, to handle any customer inquiries related to shipping issues, or for marketing purposes. You shall continue to be responsible for contacting your patients in the event of a product recall, market withdrawal, or other order as may be required by Health Canada.

You shall ensure all information provided to us (including patient name, address and contact lens information) in relation to the order is accurate and shall be responsible for any liability relating to any inaccurate or incomplete information provided as well as any other non-compliance with this provision. To the extent that you are unable to secure the necessary consent, or there is any other restriction which prohibits the fulfillment of orders or the use of your patient’s personal information, we may need to discontinue or modify the orders or your ability to access the Website.

SECTION 5 – THIRD PARTY MATERIALS, LINKS TO OUR WEBSITE

Certain content, products and services available via our Website may include materials from third-parties.

Third party links on this Website may direct you to third party websites that are not affiliated with us (including without limitation, social media sites). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any loss or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction or otherwise use such sites. Complaints, claims, concerns, or questions regarding third party products or services should be directed to the third party.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Terms of Use. You agree to cooperate with us in immediately putting a stop to any unauthorized framing of or linking to our Website.

All orders, purchases or transactions for the sale of good or services made using this Website are subject to Automattic’s Terms of Service.

SECTION 6 – ERRORS; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

Any medical or health information or claims made on the Website, whether or not in connection with any products or services, is provided for educational purposes only and should not be relied on as medical advice. You must contact your health care professional to obtain medical advice that is specific to your circumstances and to determine whether any of the products or services on this Website are right for you.

The content of this Website is provided for general information only. It is not intended to substitute for medical advice; to provide a diagnosis; or to act as a substitute for professional advice. All specific questions or concerns should be addressed with your healthcare advisors. Although we will try to ensure that this Website is current and does not contain inaccuracies, we do not warrant the quality, accuracy or completeness of any information available on this Website. The material may contain inaccuracies or typographical errors. The material is provided “as is”. We not make any warranties, whether expressed or implied, respecting any information, services or products described in or offered from this website. No endorsement of any products or services is expressed or implied by any information, material or content referred to or included on or linked from or to this Website. We undertake no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law. You expressly agree that your use of, or inability to use, the Service is at your sole risk.

All products and services sold or delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall I-MED, or any of our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Website, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless I-MED and our parent, subsidiaries, affiliates, and each of their and our respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use, and/or your violation of any law or the rights of a third party.

SECTION 7 – CONSENT TO USE PERSONAL INFORMATION

You hereby consent to I-MED’s collection, use and disclosure of your personal information, including personal health information, for the purposes of providing you with products and services through the Website. This includes disclosure of purchasing information to our partners who you may identify as your health care professionals. You consent to our partners collecting the information for the purposes of updating your personal health records and for business accounting purposes with I-MED. For more information about how we collect, use, and disclose your personal information, including your payment information, please refer to our Privacy Policy.  

SECTION 8 – GENERAL

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Uses for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Service, or by ceasing to use our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate these Terms of Use at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

Notice will be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided as part of your account details. In such case, notice will be deemed given three days after the date of mailing.

These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to these Terms of Use will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

These Terms of Use and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, understandings, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

SECTION 9 – CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at info@imedpharma.com.