Terms Of Use & Purchase Agreement
Thank you for using personalhealthconnection.com – Please read these Terms of Use and Purchase Agreement carefully.
By using personalhealthconnection.com as a visitor, user or customer, you’re agreeing to these terms, which will result in a legal agreement between you and personalhealthconnection.com (“Agreement”). personalhealthconnection.com has employees, independent contractors, providers, suppliers, consultants, nonprofits, affiliates, doctors, partners and representatives (“our team”). As a user or a customer of the service or a representative of an entity that’s a user of the service, you’re either a visitor, user or customer according to this agreement (or “you”).
The following terms of use and purchase agreement relating to the services and sales between personalhealthconnection.com and you (the customer) of the products and services (the products) offered for sale. By paying for the product on a purchase order (an order) the customer agrees to be bound by and accept these terms of use and purchase agreement. As a customer, you acknowledge and agree that the personalhealthconnection.com service does not provide medical advice and is not intended to substitute for your regular medical care.
At any time, we may choose to update these terms of use and purchase agreement by posting an update to this page. We encourage you to frequent these terms of use and purchase agreement as your continued use of any of personalhealthconnection.com services will mean you accept those changes, whether you’ve read them or not. In addition, you shall be subject to guideline changes or rules applicable to such services, which may be posted from time to time.
Your personal information – We know that when you use personalhealthconnection.com you’re trusting us with your information. This explains how we collect, use, and share your information. We want it to be easy for anyone (not just lawyers) to understand.
Information you give us when you use personalhealthconnection.com might include:
⦁ Personally identifying information, such as your name, email, mailing address, phone number
⦁ Demographic information, such as age and gender
⦁ Health information, such as medications, prescriptions or conditions
⦁ Other real-life experience information, such as comments about your health or medications or responses to our surveys
For example, if you purchase a product on personalhealthconnection.com we’ll collect certain information that can be used to identify you, such as your name, email address and phone number. Although personalhealthconnection.com makes your privacy a top priority, phone lines, email and SMS are not a secure form of communication and personalhealthconnection.com is not responsible for lost, stolen or breaches of sensitive information. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new personalhealthconnection.com properties, shall be subject to the terms of use and purchase agreement.
- Must have a valid prescription – If the product is medication, the customer must have received a valid prescription from a duly licensed practitioner (prescribing doctor) within the last 12 months. The customer must have a valid prescription from a licensed physician. The customer may be required to fill out and fax/email back an authorization form or participate in some form of telemedicine in order to validate or issue a new prescription.
- Personal health information – The customer shall fully and accurately disclose their personal health information and consent to its use by personalhealthconnection.com. By submitting an order on personalhealthconnection.com the customer consents to the collection and use of personal health information as described in these terms of use and purchase agreement. personalhealthconnection.com reserves the right to amend its policies surrounding personal health information from time to time by posting the updated policy on its website. The customer agrees to review and opt-in each time it submits an order. The customer also agrees and understands that personalhealthconnection.com or one of its suppliers/partners may reach out from time to time over the phone, email or SMS pertaining to certain aspects related to their personal health information.
- Must be for personal use – If the product is medication, the customer acknowledges and agrees that medication may originate from outside the state or country and state or international import guidelines may apply and I authorize these shipments. Personal importation rules relating to your own personal and compassionate use may apply. The customer agrees that medications imported will be for their own personal use and you’re being monitored by a licensed physician. Under certain circumstances the FDA permits citizens the ability to import medications for their own personal and compassionate use as long as (1) the product is for the treatment of a serious condition like obesity and related illnesses or (2) the medication is not readily available because of supply, cost or through clinical means or (3) the medication does not represent an unreasonable risk. In all cases, the customer must affirm that the medication is for personal use purposes only and a licensed physician in the United States is overseeing their healthcare.
- Orders, prices and payments – Orders are not binding until the customer’s credit card has been charged and posted to personalhealthconnection.com. The prices should be specified on personalhealthconnection.com as at the time of an acceptance of an order. Prices for services or products shall be subject to change without further notice. Payment must be posted and received by personalhealthconnection.com prior to acceptance of an order.
- Shipping charges – All shipping charges are included in the purchase price of the product.
- Shipping and delivery – Delivery and fulfillment of the product to the customer begins the day the transaction has been cleared by personalhealthconnection.com. The customer’s product shipment generally takes 5-8 business days to arrive after the transaction has been cleared. personalhealthconnection.com is not liable for any damage to the customer due to delay of any shipment or failure of the product to arrive within 30 days. The customer will be issued a tracking number to monitor their shipment.
- Return policy and general rules – By law, if the product is medication and it has entered the delivery system, it may not be returned for a refund. If we made an error filling your prescription, we will replace the medication at no charge or refund your out-of-pocket costs. All product returns are at the discretion of personalhealthconnection.com and are on a case-by-case basis.
A prescription error is ‘any preventable event that may cause or lead to inappropriate medication use or potential patient harm, such as wrong drug, wrong dose or wrong direction.
We are not responsible for:
- Errors made by your family physician/physician staff when ordering or writing your prescription
- Failure of the patient to obtain the package in a timely manner after delivery
- Dissatisfaction with a medication due to side effects, or lack of efficacy
- Errors made by the patient or caregiver when calling for refills
- Delivery to incorrect address – customer error
- Address change after the package left fulfillment
- Package lost after first attempted delivery
- Stolen from front door (no signature)
- Warmmark breaches
- Not at home at the time of delivery (no signature)
- Signed by someone else
- Returned to sender (RTS)
- Heatwave or acts of God
- Detained or delayed by state or international organizations
Please Note:
You may have informed your regular prescriber of an address change, but they do not routinely forward that information to personalhealthconnection.com. In addition, verbal conversations between you and your regular prescriber regarding the use of your medication are not routinely shared with personalhealthconnection.com.
It is your responsibility to inform personalhealthconnection.com of adjustments in your therapy, changes in your personal information, change of address etc.
- Products and services – personalhealthconnection.com may revise and discontinue the products and services displayed on the website at any time without prior notice.
- Indemnity – The customer agrees to indemnify, defend and hold harmless personalhealthconnection.com and its providers, suppliers, partners, doctors, consultants, sponsors, advertisers, affiliates, mail-order pharmacies, licensors, parent companies, nonprofits and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors in connection with the arrangement for supply, or the supply, of any goods sold and distributed by personalhealthconnection.com.
- Limitation of Liability – The customer agrees to release and hold harmless (not liable) personalhealthconnection.com and its providers, subsidiaries, suppliers, sponsors, consultants, doctors, nonprofits, mail-order pharmacies, affiliates, partners, subsidiaries; and their representatives, agents, successors, assigns, consultants, employees, officers, professional advisors, contractors and directors from any liability, illness, injury, death, loss, economic loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not. personalhealthconnection.com and its providers, partners, mail-order pharmacies, suppliers, consultants, professional advisors, contractors or nonprofits shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom services have been successfully or incorrectly made, and no compensation shall be due.
- Warranties – The customer agrees the manufacturer of each product is solely responsible for any warranty associated with a product. To the maximum extent permitted by law, personalhealthconnection.com disclaims any warranties and conditions, express or implied, in respect of the products and services contemplated by these terms of use and purchase agreement, including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. Responsibility for claims in respect of the products is limited to replacement of the product.
- Entire agreement – The customer agrees that these terms of use and purchase agreement or any document incorporated by reference or referred to herein constitutes the entire agreement between the customer and personalhealthconnection.com pertaining to the subject matter of these terms of use, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between the customer and personalhealthconnection.com. In the event of a conflict between these terms of use and any of the documents incorporated by reference or referred to herein, these terms of use and purchase agreement shall govern. If a dispute is identified, personalhealthconnection.com will do its best efforts, within reason to resolve the dispute in a timely matter.
- Severability – The invalidity or unforceability of any provision of these terms of use and purchase agreement shall not affect the validity or enforceability of any other provision hereof and any such invalid or unforceable provision shall be deemed to be severable.
- Force Majeure – personalhealthconnection.com or any of its providers, partners, mail-order pharmacies, suppliers, sponsors, affiliates, doctors, consultants, professional advisors, contractors or nonprofits shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including without limitation, delays due to supply issues, backorders of requested products, mail delays, custom delays or seizures, lost shipments, stolen, incomplete, illegible, inaccurate, undelivered, delayed, or misdirected information, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers etc. personalhealthconnection.com shall not be responsible to notify the customer in the event of such delays. The customer shall be solely responsible to make other arrangements to purchase alternative products and costs incurred in connection with such purchases.
- Governing Law – The customer understands that personalhealthconnection.com is registered in the State of New York, and that all products purchased have been approved for sale in the jurisdiction of the provider or supplier.
- Opting in – The customer must opt-in to these terms of use and purchase agreement in order to receive the services or purchase the products of personalhealthconnection.com. The customer further understands and agrees that the service may include communications from personalhealthconnection.com such as transactional, fulfillment, administrative messages, marketing and or service announcements. These communications via phone, SMS or email are considered part of the personalhealthconnection.com service.
- Knowledge and consent – By placing an order with personalhealthconnection.com the customer has read and understands these terms of use and purchase agreement as set out herein. The customer represents that he/she consents and accepts these terms of use and purchase agreement and does so with full knowledge and without undue influence or duress. The customer acknowledges that these terms of use and purchase agreement are readily accessible on personalhealthconnection.com.