ACKNOWLEDGEMENT AND CONSENT BY CUSTOMER
As a material inducement for the services to be rendered by TroyPharmacy.net , I do hereby acknowledge and agree that:
1. I am above the age of eighteen (18) years, and have entered into a contract with TroyPharmacy.net of my own free will, and that I did not act under duress or undue influence.
2. I understand that I am seeking a medical consultation via the Internet, and understand fully the importance of the medical questionnaire that I will be/have been required to fill in, and that the dispensing doctor will not have the opportunity to physically examine me, and will rely fully on the said medical questionnaire.
3. I confirm that the medical questionnaire contains my full and honest medical history, and that I have answered the questions truthfully, openly and honestly, and to the best of my knowledge.
4. I am aware that my medical questionnaire will be reviewed by a TroyPharmacy.net appointed Doctor (herein after called the 'dispensing Doctor'), who is registered and licensed to practice medicine in a state of the United States of America, but who may not be licensed to practice medicine in my own country.
5. I acknowledge that the dispensing Doctor may, upon examining my medical questionnaire, prescribe medication.
6. I acknowledge and confirm that that medication shall be for my exclusive personal use, and that I shall use it as directed. I shall not pass it on to other persons, or be party to reselling the medication.
7. I have undergone a physical examination by a Doctor licensed to practice medicine in my country (herein after called the 'Primary Doctor') and that the Primary Doctor has diagnosed a certain medical condition which I shall specifically disclose on my medical questionnaire. Therefore I am utilising the services of TroyPharmacy.net to obtain medication for the identified medical condition and not for a medical condition which has not previously been diagnosed as a result of a physical examination by a Doctor licensed to practice medicine in my country.
8. I confirm that I will use the medication prescribed by the dispensing Doctor only after consultation with my Primary Doctor and that should the Primary Doctor recommend that I discontinue the treatment, or alter it, or in any way supplement or reduce it, my Primary Doctor's advice regarding the prescribed medication shall take precedence over that of the dispensing Doctor.
9. I accept that the online medical consultation shall be deemed to have been carried out in the dispensing Doctor's country and state of residence/professional practice.
10. I, however, accept that if any importation of medical treatment/prescription drugs into my country of residence should be necessary, this shall be deemed to be for the purposes of continuing the course of treatment commenced in the dispensing Doctor's country only.
11. I hereby accept again that the dispensing Doctor shall rely only upon my medical questionnaire. I confirm, regarding my medical questionnaire that:
a. I have answered all questions truthfully and honestly and to the best of my knowledge.
b. I understand that any misrepresentation or non-disclosure on my part may affect the decision of the dispensing Doctor, and have not committed either in my medical questionnaire.
c. It will not be a stand in for a full physical examination, which the dispensing Doctor shall not be able to carry out.
d. I have undergone a full physical examination by my Primary Doctor in order to be able to fully and honestly complete the medical questionnaire.
12. Therefore, I hereby agree to indemnify and hold harmless the directors, shareholders and employees of TroyPharmacy.net , the dispensing Doctor and any pharmacy and/or pharmacist who may hereafter fill the prescription (Dispensing Pharmacy) against any and all liability arising from any condition that I might suffer following medication prescribed by the dispensing Doctor based upon his/her reliance on my medical questionnaire.
13. I further warrant that I have checked to ensure that the importation of prescription drugs into my country of residence does not violate the laws of my country or any country at which I may accept delivery of medication prescribed for me by the dispensing Doctor.
14. I accept that TroyPharmacy.net is not practising medicine in any capacity.
15. I understand that the dispensing Doctor is not an employee of TroyPharmacy.net , and that, therefore, no vicarious inability shall attach to TroyPharmacy.net for any acts or omissions of the dispensing Doctor.
16. I understand that in using the facilities of TroyPharmacy.net the contents of my medical questionnaire, including my medical history becomes the property of the dispensing Doctor and of TroyPharmacy.net. I also acknowledge that TroyPharmacy.net has the right to store this information, place it at the continuing disposal of the dispensing Doctor, any other persons involved in my treatment, and to continue to copy, retain and use the said information and records relating to me.
17. I agree that any and all disputes, controversies and claims arising out of or relating to this use of the services provided herein, or concerning the respective rights or obligations of the parties, shall be settled and determined by arbitration with the Commercial Panel of the United Kingdom Arbitration Association in accordance with the United Kingdom Arbitration Act 1996.. All Arbitration claims shall be filed with the United Kingdom Arbitration Association. Claims covered by this agreement to arbitrate include, without limitation, tort claims and claims for violation of any country or other governmental law, statute, regulation or ordinance. In preparation for the arbitration hearing, each party may utilize all methods and scope of discovery authorized by the United Kingdom Rules of Civil Procedure. The arbitration award shall be final and binding upon the parties and a judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof pursuant to the United Kingdom Arbitration Act 1996.
18. Regarding my treatment, received through TroyPharmacy.net , I confirm that;
a. I shall seek information from my Primary Pharmacist and/or Primary Doctor regarding the risks, benefits, and possible side effects of any medication prescribed by the dispensing Doctor.
b. I will use such medication under the strict supervision of my Primary Doctor, whose advice shall take precedence over that of, and shall not be supplanted by that of, the dispensing Doctor.
c. I undertake to make contact promptly with my Primary Doctor or any medical practitioner for any necessary emergency intervention should a complication arise following my use of the prescribed medication.
d. I appreciate that there are always attendant risks to the use of any medication. I hereby indemnify TroyPharmacy.net and/or the dispensing Doctor from liability if any severe or other side effects should result from my use of the prescribed medication. I personally accept all risks involved in taking the prescribed medication.
e. I appreciate that no health professional may guarantee that the medication prescribed shall have the desired effects or will provide the results I seek.
f. Further regarding my use of the web sites affiliated to TroyPharmacy.net , I have used and shall always use these facilities for the purpose only of seeking medical treatment, not for stockpiling drugs to an already adequate supply.
g. I understand and agree that: TroyPharmacy.net shall not be liable for any acts or omissions of its contracting dispensing Doctors, the dispensing Pharmacy and of my Primary Doctor in advising me or communicating with me with regard to the prescribed medication.
h. The liability if any, of TroyPharmacy.net shall extend only up to such amount as may represent the purchase price of any medication and products concerned in any relevant transaction.
19. I agree to release TroyPharmacy.net , its employees, agents, principals, corporate affiliates and all related parties from any liability arising from my consumption of prescribed medications and for medical, physical or behavioural and other effects of any medication that I may take as a result of my seeking a consultation via the Internet.
20. I agree that if any court should find any part or provision of this agreement to be void or unenforceable, the void or unenforceable part of the agreement shall be excised from the whole agreement, the remainder of which I accept shall remain binding on me, and of full force and effect.