WEBSITE TERMS OF USE FOR MEDMAIL PHARMACY

Welcome to Medmail, an e-commerce service platform (“Medmail,” “we,” “us,” or “our”).

These Terms of Use (“Terms”) govern your access to and use of the Medmail website located at www.medmailpharmacy.com (the “Site”). By accessing, browsing, or making a purchase through the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

This Site is intended only for users who are the age of majority in their province or territory of residence. By accessing or using the Site, you represent and warrant that you meet this age requirement and are legally capable of entering into a binding contract.

If you do not agree with any provision of these Terms, you must not access or use the Site.

Use of the Site

You are permitted to access and use this Site solely for lawful, personal, and non-commercial purposes. You agree to use the Site in a manner consistent with all applicable federal, provincial, and local laws and regulations.

By using the Site, you agree that you will not:

  • Use the Site or any of its content for any unlawful, fraudulent, or malicious purpose;
  • Transmit, upload, or introduce any viruses, malware, or other harmful or disruptive code or content;
  • Attempt to gain unauthorized access to any part of the Site, its related systems, or data belonging to other users;
  • Interfere with, disrupt, or compromise the integrity, security, or performance of the Site or its associated servers, networks, or infrastructure;
  • Impersonate any person or entity, or misrepresent your identity, affiliation, or relationship with any individual or organization;
  • Use any automated means (including bots, crawlers, or scraping tools) to access, monitor, or copy the Site or its content without our prior written consent;
  • Use the Site in a manner that infringes upon the rights of Medmail, its affiliates, or any third party, including intellectual property, privacy, or contractual rights.

Medmail reserves the right to monitor your use of the Site and to take appropriate action (including termination of access) if it believes that your conduct violates these Terms or is otherwise harmful to the Site or its users.

No Provider-Patient or Pharmacist-Patient Relationship

Use of this Site does not establish a pharmacist–patient, provider–patient, or any other healthcare professional relationship with Medmail, Viva Pharmacy, or any of its affiliates. The content available on or through the Site is provided solely for general informational and wellness purposes and is not intended as a substitute for professional medical advice, diagnosis, or treatment.

You should always consult a qualified healthcare provider with any questions you may have regarding a medical condition, medication, or treatment plan. Do not disregard professional advice or delay seeking it because of something you have read on this Site.

Submission of inquiries, use of the chatbot, or interactions through contact forms on the Site do not constitute the provision of medical services and shall not be interpreted as the formation of any pharmacist–patient or provider–patient relationship.

Nothing on this Site should be construed as:

  • Personalized health advice or clinical guidance;
  • A diagnosis or prescription;
  • The establishment of a therapeutic

If you are experiencing a medical emergency or require urgent care, you should contact your local emergency services immediately.

Products and Services

Medmail offers a range of non-prescription health products, including over-the-counter medications, dietary supplements, wellness items, and medical supplies (collectively, the “Products”). All Products listed on the Site are intended for personal, lawful, and non- commercial use.

We strive to ensure that product descriptions, pricing, images, and availability information on the Site are accurate and up to date. However, we do not guarantee that the information provided is error-free, complete, or current, and we reserve the right to correct any inaccuracies or omissions at any time without prior notice.

We also reserve the right, in our sole discretion, to:

  • Limit quantities available for purchase;
  • Modify or discontinue any Product at any time;
  • Cancel or refuse any order, including after it has been submitted, if the Product is unavailable, mispriced, or if we believe the order violates these Terms.

Chatbot and Automated Interactions Disclaimer

Medmail features a fully automated chatbot designed to assist users in navigating the Site and exploring available Products. The chatbot uses basic logic and keyword-based responses to suggest product categories or options based on user input.

The chatbot is not operated or monitored by a licensed pharmacist or healthcare provider. It does not provide medical advice, diagnosis, or treatment, and should not be relied upon as a substitute for consultation with a qualified professional.

By using the chatbot, you expressly acknowledge and agree that:

  • No pharmacist–patient or provider–patient relationship is created through chatbot interactions;
  • All information provided is for general informational support only and may not be accurate, complete, or tailored to your individual health needs;
  • You are solely responsible for determining the suitability of any Product for your personal use;
  • Medmail disclaims any liability for harm or losses resulting from reliance on chatbot

If you have any health concerns or questions about a specific Product, you should consult a licensed pharmacist, physician, or other qualified healthcare provider before making a purchase or using the Product.

Orders, Shipping & Fulfillment

All orders placed through the Medmail platform are subject to verification, availability of products, and compliance with these Terms. We reserve the right to limit quantities, refuse, or cancel any order at our sole discretion, including but not limited to suspected fraud, unauthorized resale, or violation of applicable laws or these Terms.

By placing an order, you agree to:

  • Provide accurate, complete, and current contact and shipping information;
  • Review all product information, including ingredients, instructions, and health warnings;
  • Use the products only as directed and in accordance with applicable instructions;
  • Accept responsibility for ensuring the ordered products are suitable for your personal

Shipping and Delivery

Shipping timelines are provided as estimates only and are not guaranteed. All orders are shipped via third-party carriers. Once a package is transferred to the carrier, Medmail is not liable for delays, misdeliveries, or losses, including those caused by weather, carrier issues, or incorrect shipping information.

You are solely responsible for confirming the accuracy of your shipping address before finalizing your order. We are not obligated to replace or refund items shipped to incorrect addresses provided by you.

Payment & Third-Party Services

Medmail accepts major credit cards through secure third-party payment processors. All payment transactions are subject to the terms, conditions, and privacy policies of those providers.

Medmail does not collect or store complete payment card information on its servers.

By submitting your payment information, you authorize our third-party payment processor to process the transaction on your behalf and confirm that you are authorized to use the selected payment method.

The Site may contain links to third-party websites, including but not limited to product manufacturers, shipping carriers, and external payment gateways. These links are provided for your convenience only. Medmail does not control, endorse, or assume responsibility for the content, services, practices, or policies of any third-party website.

Your interactions with any third-party service providers are solely between you and the third party, and are undertaken at your own risk. We recommend reviewing their respective terms of use and privacy policies before engaging with any such third-party platforms.

Returns and Refunds

Due to the nature of our products and applicable health and safety regulations, most over-the- counter medications, supplements, and personal wellness items are final sale and cannot be returned or exchanged.

However, Medmail may, at its sole discretion, authorize a refund or replacement in the following exceptional cases:

  • Items were damaged in transit;
  • Incorrect items were received;
  • Other limited circumstances, as determined by

To request a return, you must contact customer support at [email protected] or contact form link] within seven (7) days of receiving your order. Return requests must include:

  • Your order number;
  • A description and, if applicable, photographs of the issue;
  • Proof of

If your return is approved, all returned items must be:

  • Unused and unopened;
  • In their original packaging;
  • Shipped back within the timeframe and method communicated to you by our

Medmail reserves the right to deny refund or exchange requests that do not comply with the above conditions.

Privacy and Data Collection

Your use of this Site is also subject to our Privacy Policy, which outlines how your personal information is collected, used, stored, and disclosed. By using this Site, you consent to the collection and processing of your data in accordance with our Privacy Policy.

We are committed to handling your information in accordance with applicable Canadian privacy legislation, including:

  • The Personal Health Information Protection Act (PHIPA) of Ontario; and
  • The Personal Information Protection and Electronic Documents Act (PIPEDA).

Intellectual Property

All content on the Site is the property of Medmail or its licensors and are protected under Canadian copyright and intellectual property laws.

You may view or print pages from the Site for your personal, non-commercial use only. You may not copy, reproduce, republish, transmit, modify, upload, post, or distribute any Content from this Site without the prior written consent of Medmail or the applicable rights holder.

Nothing on this Site shall be construed as granting any license or right to use any intellectual property without express written permission.

Limitation of Liability

The Site, including all content, functionality, tools (such as the chatbot), and services, is provided on an “as-is” and “as-available” basis without any warranties, representations, or guarantees of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted access.

To the fullest extent permitted by applicable law, Medmail and its respective affiliates, officers, directors, employees, contractors, agents, and licensors shall not be liable for any damages of any kind, including but not limited to direct, indirect, incidental, punitive, special, consequential, or exemplary damages, whether foreseeable or unforeseeable, arising from or related to:

  • Your use of, or inability to use, the Site or any of its features or services;
  • Any reliance on information provided through the chatbot or other Site content;
  • Product misuse, allergic reactions, or health-related decisions made without medical consultation;
  • Inaccuracies, typographical errors, or omissions in product descriptions or pricing;
  • Delays, interruptions, or delivery issues caused by third-party carriers or service providers;
  • Unauthorized access to or alteration of your transmissions or data;
  • Interactions or transactions with third-party websites or services linked through the

Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. In such jurisdictions, Medmail’s liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Medmail, its affiliates, employees, contractors, and service providers from and against any claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your access to or use of the Site or any services provided therein;
  • Your violation of these Terms of Use or any applicable law, regulation, or third-party right;
  • Your negligence, misconduct, or willful act in connection with your use of the Site;
  • Any content or information you provide to the Site, including through forms, chatbot interactions, or other submissions.

This indemnity obligation survives the termination or expiration of these Terms and your use of the Site.

Electronic Communications & Risk Acknowledgment

By using Medmail’s online contact forms, communication tools, or email channels, you acknowledge and accept the inherent risks associated with electronic communications, including the possibility of:

  • Interception by unauthorized third parties;
  • Misdelivery or delayed transmission;
  • Technical failures or human error;
  • Unauthorized access to personal

By choosing to communicate with us electronically, you agree to the following:

  • You will not transmit sensitive or personal health information unless it is required and you are doing so through a secure and appropriate channel;
  • You are responsible for ensuring that all contact information you provide is current, accurate, and complete;
  • You understand that if you do not receive a response to a time-sensitive or urgent inquiry, it is your responsibility to follow up using an alternative method;
  • You consent to Medmail storing your electronic communications, and in applicable contexts, incorporating them into your client or health record.

While Medmail takes reasonable security measures to protect your data, including using secure servers and encryption technologies where applicable, we cannot guarantee the confidentiality, integrity, or delivery of messages sent over unencrypted channels.

Termination of Access

Medmail reserves the right, in its sole discretion and without prior notice, to suspend, limit, or permanently terminate your access to the Site or any part of its services if we believe you have:

  • Violated these Terms of Use or any applicable law or regulation;
  • Engaged in fraudulent, abusive, or harmful conduct;
  • Attempted to interfere with the security, performance, or operation of the Site;
  • Misused any features or communication tools provided by the

Termination of access may occur with or without explanation and without liability to you or any third party. Termination does not waive any accrued rights, obligations, or liabilities that may have arisen prior to the termination date.

Modifications to Terms

We may modify, update, or replace these Terms from time to time at our discretion. When changes are made:

  • A revised “Last Updated” date will appear at the top of this page;
  • You are encouraged to review these Terms

Your continued use of the Site after any modifications constitutes your acceptance of the updated Terms. Please review this page periodically.

If you do not agree to the revised Terms, you must stop using the Site.

Governing Law and Jurisdiction

These Terms are governed by and shall be interpreted in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to any conflict of laws principles.

Any disputes or claims arising out of or in connection with these Terms, or your use of the Site, shall be subject to the exclusive jurisdiction of the courts located in the Province of Ontario, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Medmail regarding your use of the Site and its content. They supersede all prior and

contemporaneous agreements, communications, representations, and understandings, whether oral or written, relating to the subject matter of these Terms.

Severability

Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the

extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this

Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

Enurement

This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.

YOU ACKNOWLEDGE HAVING READ THIS AGREEMENT BEFORE ACCEPTING IT, HAVING THE AUTHORITY TO ACCEPT THIS AGREEMENT.

Contact Information

If you have questions about the Terms, please contact us at: [email protected]