- Acceptance of Terms and Conditions
These Terms and Conditions apply to all agreements which are realised by the use of this Website and its Services. By continuing the use of this Website, you are confirming that you have read and understood these Terms and Conditions, including the Patient Responsibility Agreement, and that you accept these fully and without reservation. It is important that you understand and are comfortable with these Terms and Conditions before using the Website and its Services and we encourage you to take the time to read them. If you do not accept the Terms and Conditions, you should leave this website immediately.
For purposes of this Agreement (including, but not limited to, clause 1 above), the following terms shall have the following meanings:
Agreement Means the agreement that is entered into by the acceptance of these Terms and Conditions Content Means all material this Website contains and presents , including but not limited to text, graphics, images, audio, video, software, code, data compilations, page layout, underlying code and any other form of information. Personal Data Means personal data from Customers, collected by Medix24.com. Customer Means any Website visitor, who agrees to these Terms and Conditions and puts in an Order on the Website. Doctor Means an independent officialy licensed and registered EU physician, who will offer and complete a consultation with the Customer, and who will decide within his own discretion whether or not to issue a prescription in the Customer’s name. Medix24.com Means Digital Marketing Services NV, trading as www.Medix24.com, acting exclusively as an intermediary party Products Means any product presented through this Website, on behalf of a Pharmacy Services Means any and all facilities, services and information that Medix24.com makes available through the Website, including intermediary services and newsletters. Website Means the website that you are currently using, www.medix24.com, and any sub-domains of this, unless expressly excluded by their own terms and conditions. Pharmacy Means an independent and officially licensed EU Pharmacy, which will dispatch the Products directly to you in response to a valid prescription in your name, issued by a Doctor. The Pharmacy is run by qualified pharmacists, all bound by codes of professional ethics and conduct. Full disclosure of Pharmacy details can be found on the Website. Order Means a request by a Customer for establishing the contact between him/her, a Doctor and a Pharmacy. By placing an Order, the Customer requests Medix24.com to (1) securely forward Personal Data to a Doctor for a free medical consultation, and (2), in case the doctor decides to issue a prescription in the Customer’s name, to securely forward such prescription to a Pharmacy for dispatch. Terms and Conditions Means these Terms and Conditions
- Medix24.com as an Intermediary party
Medix24.com does not sell or provide Products, but offers an online platform for individual customers to request precription medication. As such, Medix24.com:
- assists customers to get in touch with both a Doctor and a Pharmacy. By placing an Order you request Medix24.com to establish this contact.
- will act, on behalf of a Pharmacy and a Doctor, as an intermediary party in the provision of Products and Services sold directly to you by a Doctor and a Pharmacy.
- may handle payments as a factoring agency, on behalf of the Pharmacy and or Doctor. As a result of using this Website, you will enter into a separate and direct agreement with the Doctor and the Pharmacy, to which Medix24.com is not a party. This may mean that the supply of Products and Services by Doctors and Pharmacies are subject to national laws of the country in which these respective parties reside. The agreement between you and Medix24.com only consists of providing intermediary and administrative services as described in this Clause, at no cost to you. These Terms and Conditions apply to the agreement between you and Medix24.com as well as to the agreement(s) between you and the Doctor and or between you and the Pharmacy (if applicable).
- Binding agreement
No part of this Website is intended to constitute a contractual offer capable of acceptance. Every Order, inclusing the email confirmation which you will receive after placing an Order, is subject to acceptance by the Doctor and the Pharmacy. No Order will be binding until we have confirmed to you in writing or by email that your Order has been accepted by the Pharmacy and that Products are ready to be dispensed to you. Should you wish to place an Order, you will be asked to complete a medical questionnaire with Personal Data, in order to provide the Doctor with structured and essential personal and health information. These Personal Data will be forwarded to the Doctor and will serve as a basis for a free medical consultation. As Medix24.com only acts as an intermediairy, the design and contents of any medical questionnaire as well as any medical consultation are the sole responsibility of the Doctor.
- Delivery of Products
After having received a valid prescription in your name from a Doctor, the Pharmacy will, at its own discretion and responsibility, dispatch the Products indicated in your Order. Deliveries are dispatched in discreet packaging in order to ensure your privacy. The Pharmacy, including any third party assigned or authorised by the Pharmacy, will be responsible for the delivery of Products to you, all in accordance with applicable professional standards and legislation. All supply of Products made from a Pharmacy(s) in the UK is governed by English Law and will be deemed to have taken place in England and subject to the exclusive jurisdiction of the English Courts. Any supply of Products made from the Pharmacy(s) in other European countries is governed by the law of the European country in which the Pharmacy is located and will be deemed to have taken place in that country and subject to the exclusive jurisdiction of said country’s Courts.
If you are not a resident of the jurisdiction in which the Pharmacy operates, it is your responsibility to make sure that the ordering, receiving and use of medicines complies with the laws of the country in which you reside. Import duties and taxes may be incurred once your Products reach their destination. Medix24.com is not responsible for these charges and we do not include calculations or estimates in this regard. As the purchaser of the Products, you will be the importer and as such should ensure that your purchase is in full compliance with the laws of the country into which the Products are being imported.
Due to FDA regulations, no medications will be shipped to the United States of America.
You agree to indemnify Medix24.com against any and all liability in respect of this clause 6 and for any legal action which might be brought against you as Customer, in case your actions are against the regulations and import laws applied by the government of the country of destination.
- Patient responsibility
By using this Website and its Services you confirm that the information you provide during the Order process is accurate and complete. Please note that the Patient Responsibility Agreement forms an integral part of the Agreement. Any agreement between the Customer and Medix24.com, as well as any agreement between the Customer and the Doctor or the Pharmacy becomes immediately void if you provide inaccurate or incomplete data. In case you are unsure about (the answer to) one or more questions, we advise you to contact us before you submit the application.
To prevent damage to your health is very important to inform your local physician and pharmacist about medications which you request through this website. By using this Website you agree and confirm to do so.
- Age restrictions
We only accept Orders from customers who are over 18 years old. By placing an Order, you confirm that you are at least 18 years of age.
- Availability and suitability of Products and Services
Medix24.com makes all reasonable efforts to accurately display and describe the attributes of Products, including the applicable package, package size and colors. However, Medix24.com is not responsible for any variations from these attributes, provided they contain the correct Product.
Where appropriate, you may be given the opportunity to select the required quantity, dose and type of treatment that you wish to order, subject to the Doctor’s approval.
The inclusion of any Products on this Website at a particular time does not imply or warrant that these Products will be available at any time.
Any and all Content, Services, Products, and prices of Products described or depicted on this Website, are subject to change at any time without notice. However, if you have placed an Order, prices will remain unchanged throughout the ordering process for that Order. Your Order will not bear any hidden charges or costs. The price displayed on the Website is the price you will be charged.
- Notification of errors; Returns
Following the Pharmacy’s Quality Management System, every package will be electronically verified (using barcodes) and or inspected by two trained Pharmacy staff members before being dispatched. Nevertheless, you should always check the Products you receive carefully. If you believe there may have been a dispensing error, you should contact Medix24.com immediately and should not take or use any of the items. Failure to abide by this warning could seriously damage your health.
In accordance with the EC Directive of 20 May 1997, Products which have been sent out from the Pharmacy may only be returned to the pharmacy for destruction. The reason for this policy is that the Pharmacy can no longer guarantee the Product quality and is not allowed to re-dispense the Product. Refund of money therefore will not be granted, unless otherwise agreed.
- Questions and Complaints
If you have any questions concerning this Website, please contact us right away. Contact details can be found on our home page. As Medix24.com act as an intermediairy party only, medical and pharmaceutical questions will not be answered by Medix24.com but will be forwarded to the Pharmacy or to the Doctor, who may respond to you directly.
- Termination and cancellation
In case the Doctor’s professional standards or personal judgement should stop him/her from issuing a prescription in your name, you will be informed about this, your Order will be cancelled and you don’t owe any party anything. Notwithstanding the foregoing, Medix24.com reserves the right to cancel or reject any Order without stating reasons, for any reason, prior to dispatch.
If Orders are cancelled for any reason prior to dispatch, any and all funds already paid by you related to that Order will be returned to you within 10 (ten) working days.
Medix24.com is not under any obligation to accept any request or Order from you and reserves the right to terminate your privilege of using all or any portion of the Website at any time.
This Website is intended as a software platform on which Customers, Doctors and Pharmacists can be connected to each other. Medix24 solely acts as an intermediairy party on behalf of the Doctor and the Pharmacy. Medix24.com is not responsible nor liable for the prescribing, sale, dispatch or delivery of Products requested. Any agreement for medical and pharmaceutical care, including but not limited to any prescription and supply of Products, arising from the use of this website is an agreement between the Customer and the Doctor or between the Customer and the Pharmacy. The Pharmacy will be responsible for the invoicing of the Products to you. Prescription medication will be dispensed by the Pharmacy based on a valid Doctor’s prescription only! Keywords or so-called Metatags containing phrases such as “prescription free” or “without prescription” serve Search Engine Optimization (SEO) purposes only.
The information on this Website is intended for information purposes only and is not meant to substitute any advice or consultation from your doctor or other health care professional. The information presented on this Website is not exhaustive and is not intended to diagnose, treat, cure, or prevent any disease or health condition. Medix24.com does not offer legal or medical advice, nor does it provide medical or diagnostic services. Medix24.com does not give any assurance in respect of the effectiveness or safety of the Products offered. You should read carefully all product packaging and patient information leaflets of any medications you plan to take.
Every effort has been made to ensure the information on the Website is correct and up to date. However, we do not represent nor make any warranty in respect of the accuracy, reliability or continuous supply of any of the information on this website. By using this website you agree that you do so at your own risk, and all responsibility in connection with the use of this Website lies with the user.
The Website, including its Content and Services are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted under applicable law, Medix24.com expressly disclaims any and all representations and warranties of any kind with respect to the Website, the Content and its Services, whether express or implied, including, but not limited to, any and all warranties (1) that the Website, the Content or its Services will satisfy your requirements or medical needs; (2) that it will not infringe the rights of third parties, (3) that (any use of) the Website will be free from any interruptions, delays, inaccuracies, server down-time, errors or omissions; (4) that Content presented on this Website is correct, accurate or reliable. We provide no guarantee of any specific results from the use of our Services.
To the fullest extent permitted by applicable laws, we hereby disclaim all liability for any claims, loss, demands, expenses (including reasonable attorney fees) or damages of any kind whatsoever with respect to our Services, Website or information including, without limitation, direct, indirect, incidental or consequential loss or damages, under theories of tort, product liability, negligence (ordinary or gross), warranty, contract, statute or otherwise arising out of the request, use, non-use, storage or other disposition of Services and Products. Medix24.com is under no obligation to indemnify Customer for any reason.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Intellectual Property Rights
Subject to the exceptions in Clause 15 of these Terms and Conditions, all Content included on the Website is the sole property of Digital Marketing Services NV, unless expressly stated otherwise. All Content is protected under national and international intellectual property law, trademark law and other laws. You may not reproduce, copy, distribute, sell, store or in any other manner re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Digital Marketing Services NV. Any unauthorized use of the Material may violate copyright, trademark, and other laws.
- Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and product descriptions belong to the manufacturers or distributors of such products as may be applicable. You may not transmit, copy or store or in any other fashion re-use such material without the prior written consent by the specific manufacturer or owner.
- Third party links
This Website may contain links to websites that are not owned, operated or controlled by Medix24.com or its affiliates. Neither we nor any of our respective affiliates are responsible for the content, security or services located on or accessible from any other Website. Neither we nor any of our respective affiliates endorse or make any warranties regarding any other Website or those in control of them. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk. Medix24.com disclaims liability for any and all forms of loss or damage arising from their use. Third party sites may link to the home page of this Website without prior permission, provided that the hyperlink accurately describes the Website and or its Content. For links to specific pages within the site, permission must be granted by us. Our contact details can be found at the home page of theis Website. Any permitted links to this Website must comply will all applicable laws, rules and regulations. Any third party website that links to the Site: (a) shall not create a frame, browser or border environment around any of the content of the Site; (b) may link to, but not replicate, Website content; (c) shall not imply that Medix24.com or its participants are endorsing or sponsoring it or its products or services; (d) shall not present false information about Medix24.com or its respective services; (e) shall not use Medix24.com trademarks without the prior written permission from Medix24.com; and (f) shall not contain content that could be construed as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this Agreement, Medix24.com reserves the right to deny or rescind permission to link to the Website from any website, and to require termination of any link to the Website, for any reason in the sole and absolute discretion of Medix24.com.
You agree to defend, indemnify and save Medix24.com (including its promoters, contractors, servants, employees, advisers or agents) harmless from and against any claims, liabilities, demands, losses, expenses, costs or damages (including our reasonable legal fees) arising from, or alleged to result from, or in any manner related to: (1) your use of the Website, or any Content, Product or Services displayed or accessible through the Website, in a manner that violates or is alleged to violate these Terms and Conditions or (2) the use of the Website by any third party who has access to this Website through you or by using your Website account or otherwise in any way arising.
- Notification of Changes
This Agreement constitutes and contains the entire agreement between Parties with respect to the subject matter herein and supersedes any prior oral or written agreements. We reserve the right to change these terms and conditions at any time. Any new version will be posted on this Website and will take effect immediately upon posting.
- Assignment and waiver
We may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. Any waiver granted by us for a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
- Partial invalidity
If a provision or any of the terms of this Agreement is held to be unlawful, illegal, invalid or otherwise unenforceable said provision shall, to the extent of which this refers to, be deemed not to form part of this Agreement and the legality, validity and enforceability of the remainder of this Agreement shall not be affected. This term shall apply only within jurisdictions where a particular term is illegal.
- Paragraph Headings
The headings to the Clauses are for convenience only and do not affect the construction or interpretation of this Agreement.
- Governing law and jurisdiction
These Terms and Conditions have been governed by and construed in accordance with the laws of Curacao. All dispute of any kind, in relation to any matters arising out of, or in connection with, this Agreement will be submitted to the applicable court in Willemstad, Curacao.