1. Condition of Use. Use of all Pharma Security Group lnc. ("PSG") products is conditional on full
acceptance of the provisions within this document. Use of any PSG product will constitute
acceptance of all conditions and terms. lf You (Hereinafter referred to as "You" or "User") do
not accept the terms do not use any PSG product, You may return the product for a refund of
the purchase price according to the procedure(s) listed below.
2. Between. These Conditions and Terms govern the relationship between You and PSG, its servants, and Agents. Any mention of PSG hereby includes Pharma Security Group lnc. its servants, and agents.
a. All "Headings" and "Bolded Titles" are provided for convenience purposes only.
b. Pharma Security Group lnc. is an Ontario corporation.
3.Use of Product(s)
a. PSG products are not to be relied on for any purpose.
b. At all times User is responsible for their own medication management, independent of any assistance that PSG products may, or may fail to provide.
c. PSG Products are intended to serve as a back-up reminder system to help you take medications. To make appropriate use of PSG Products, You must: (i) accurately and completely enter Your medication schedule into the software; (ii) print your medication schedule; (iii) accurately fill in the pillboxes in the device; (iv) accurately program the device; (v) ensure that the device consistently receives power through 2 AAA batteries; and (vi) accurately and completely follow the warnings on labels, warnings on packaging, and the directions provided with the PSG Products. lf You do not take all these steps correctly, the products may prompt you to take the wrong medications or to take medications at the wrong times.
d. Even if You take al! steps correctly PSG products may prompt You to take the wrong medication(s) and /or take medications at the wrong times and I or fail to alert to take medication at all.
e. User is solely responsible for the accuracy and completeness of information inputted into PSG Products, and for completion of the other tasks listed. PSG is not responsible for any injury resulting from any error, however caused or arising.
f. PSG does not provide medical advice, no information provided by or through PSG constitutes medical advice. User will not rely on any information provided by or through and PSG product and / or service as advice.
g. At all times User will follow the advice of competent medical professionals. PSG has no knowledge of such advice, and is not responsible for such advice.
4.Disclaimer: PSG products are provided "as is", "with all faults", and as available. PSG makes no express or implied warranties, including, but without limitation: warranties of title, noninfringement, merchantability, or fitness for a particular purpose. lf you are in any way dissatisfied with the PSG products, your exclusive remedy is to discontinue using them.
5.Limitation of Liability
a. Use of PSG products are accompanied by inherent risks.
b. User assumes all risk(s) involved and associated with the use of PSG products.
c. User will provide for their own care, PSG is not responsible for manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, inspection, testing, listing, certifying, warning, instructing, marketing, selling, advertising, packaging or labelling of PSG products.
d. PSG is not liable for consequential damages, incidental damages, indirect damages, exemplary damages, or punitive damages.
6. Liquidated Damages. To the extent which User may seek damages from PSG, whether arising under: contract, tort, other legaltheories, or specific statute, due to the difficulty in calculating damages at the point of agreement, and in an effort to pre-determine costs, all parties agree to liquidated damages of 1.00 Canadian funds. PSG has relied on this at considerable expense.
a. To the extent which User believes they may suffer greater damages, User shall be responsible for insuring themself.
7.Other Limitations of Liability
a. PSG is not responsible or liable for:
i) The content or practices of any third party website, including without limitation, websites linked to or referenced through PSG.
8. Entire Agreement. This writing contains the entire agreement between PSG and User with respect to the Product.
9. No Other Representations There are no warranties, representations, or agreements, other than those in this document, nobody is authorized to vary this.
10. Use of PSG Materials. Materials provided by or through PSG Products including, but without limitation, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, slogans, trademarks and service marks (collectively, the "PSG Materials"), are the property of PSG and its licensors, are protected by copyright, trademark and other intellectual property laws. No rights or license is acquired in any trademark, copyright, or other intellectual property rights in or to the PSG Materials.
11. User Warrants:
a. That they are at least 18 years of age;
b. That they are competent to enter into this agreemen!
c. That they will not use PSG Products for any unlawful purpose.
12. LIMITED 60 Day PRODUCT WARRANTY
a. Limited 60-Day Product Warranty: PHARMA SECURITY GROUP INC. ("PSG") warrants to the original purchaser ("Purchaser") that the PharmaclockrM and all other PSG products ("Products") shall be free from defects in design, material and workmanship for a period limited to sixty (60) days from the date of original purchase, regardless of when actual use begins. This warranty only covers defects in materials or workmanship that occur in normal use, and does not cover loss or damage due to accidents, abuse, misuse, defective batteries, leakage or other cause whatsoever. A Product is defective if it cannot be safely used for the purposes described in, and in accordance with, the accompanying product literature and written instructions.
b. Limitations and Exclusions: PSG's sole obligation under this warranty shall be to repair or replace any defective Product, at its sole option. This warranty does not cover labour charges or any costs from troubleshooting, repair, reconditioning, replacement service, or handling of Products, or their parts and components. This warranty shall be void and of no effect in the event that any Product: (a) has been operated outside its design parameters (temperature, power supply, etc.); (b) has been subjected to misuse, neglect, accident, inadequate maintenance, corrosive environments, airborne contaminants (silicone, aluminum oxide, etc.), or excessive thermal shock; (c) has had unauthorized repairs or modifications made; (d) is not operated or maintained in compliance with manufacturer's instructions or results from any act or omission of the Purchaser on any other person; or (e) has had its type or serial number or identification altered, defaced, or removed.
c. Making a Claim: All claims respecting warranted defects must be made promptly after the discovery thereof and must follow the procedure set out in Section 12(d). Any failure to notify PSG promptly and within the warranty period shall void Purchaser's recourse hereunder.
d.Warranty CIaim Procedures and Requirements: Products returned as per section 12(c) may be replaced by the authorized PSG reseller or distributor from which the product was originally purchased, or directly through PSG based on the procedures and requirements as noted below:
i) Warranty claims are to be submitted to the distributor from which the product was originally purchased. lf after attempting to submit a warranty claim through the appropriate distributor, they are unable to process a warranty claim You may submit a warranty claim directly to PSG through the following procedure: You must submit a return request form. PSG will then provide you with a Return Material Authorization number (RMA). You must then send the product, packaging, the purchase receipt, and particulars of the claim, freightprepaid and insured to Pharma Security Group lnc. 2900 John Street, Suite 302, Markham, Ontario, L3R-5G3. You must place the product in original packaging, in a secured shipping container with 'bubble wrap' or other sturdy packaging paper. Returned product must not be damaged, missing components, or defaced in any way, product must be received within 30 days of date RMA was provided by PSG. Upon receiving the returned product, in the manner outlined herein, PSG will fulfill its obligations as outlined in this section. All repaired or replacement Products or parts will be shipped by PSG F.O.B shipping point. Risk of loss or damage to a Product during transit shall be borne by the Purchaser and should be insured for added protection.
e. Exclusivity and Limitation on Losses: THIS WARRANTY as outlined in Section 12 SHALL BE THE SOLE AND EXCLUSIVE WARRANTY AND REMEDY APPLICABLE TO PSG PRODUCTS, AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES, PSG SPECIFICALLY DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. No person is authorized to bind PSG to any other warranty, obligation, or liability for any PSG Product. Continued use of the Product for which this warranty is issued shall constitute acceptance of these terms. lN NO EVENT WILL PSG BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, NOR FOR ANY LOSS OF REVENUE, PROFIT, OR USE ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, MAINTENANCE, USE, OPERATION, OR REPAIR OF ANY PSG PRODUCT. IN NO EVENT WILL PSG OR ITS SERVANTS OR AGENTS BE LIABLE TO THE ORIGINAL PURCHASER OR ANY SUBSEQUENT OWNER FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF THE RELATED PRODUCT. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY INCLUDED IN THIS PARAGRAPH SHALL REMAIN IN EFFECTAND SHALL CONTINUE TO BE ENFORCEABLE IN THE EVENT THAT ANY REMEDY HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
f. Purchaser Agrees: The Purchaser has purchased the Products in reliance upon this warranty and agrees to use and maintain the Products in accordance with PSG's product literature. Save as may set forth herein or on PSG's website.
g. Disputes: All disputes specifically relating to this Limited 60 Day Product Warranty, as provided for in this Section 12, shall be finally resolved by arbitration pursuant to the National Arbitration Rules of the ADR lnstitute of Canada, lnc. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. All disputes and claims arising hereunder shall be determined in accordance with the laws of the Province of Ontario and the courts of such Province shall have exclusive jurisdiction to hear and determine the same.
h. Various: The repair, replacement, or supply of parts, components or additional or replacement Products shall not give rise to any renewal or extension of the warranty terms. PSG shall have title to any returned or replaced parts, components or Products. lf, at the time of any claim, PSG has discontinued production of the returned part, component or Product, it may deliver another (similar) type of Product.
14. Choice of Venue Markham, Ontario, Canada shall Have Exclusive Jurisdiction. All disputes and matters whatsoever arising under, in connection with, or relating to, this agreement and/or any PSG product (whether arising under: contract, tort, other legal theories, or specific statute) shall be litigated, if at all, in and before a court located in Markham, Ontario, Canada to the exclusion of the courts, and dispute resolution mechanisms available of all other jurisdiction(s).
15. Choice of Law The laws of the province of Ontario, Canada, without regard to its conflict of laws principles, shall exclusively apply, to all matters whatsoever arising under, in connection with, or relating to, this agreement and/or any PSG product. These conditions and terms are to be both constituted and interpreted in accordance with the laws of Ontario.
16. Claims Limited Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or the product must be filed within one (1) year after such claim or cause of action first arose, or shall be forever barred.
17. Claims Filed Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or the product must be filed within two (2) years of purchasing the product, or shall be forever barred.
18. YOU AND PSG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACIW, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19. You agree that, by entering into this Agreement, You and PSG are each waiving the right to a trial by jury or to participate in a class action. Terms
a. User acknowledges that the terms contained herein may be altered by PSG without notice.
b. Both parties will continue to be bound by altered terms.
c. User has continuous obligation to review the terms of this agreement as found on this website. lf User objects to any changes they must communicate their objection to PSG, at the corporate headquarters located in Markham, Ontario, Canada, in writing by mail.
d. Such objection must be received by PSG within 30 days of altered terms being published on PSG website.
e. Where User communicates objection to PSG the terms and conditions between the parties will be the last terms and conditions User did not communicate objection to.
f. User has continuous obligation to review the terms and conditions herein, and to communicate objection to PSG if they object.
g. lf no objection is communicated to PSG in the above manner, User will be deemed to have agreed to altered terms.
h. User must communicate any objection, in the manner outlined above to all Subsequent altered terms.
21. lndemnification of Legal Fees. lf User brings a case against PSG, which does not result in a judgment in favour of User, User hereby agrees to indemnify PSG for all legal fees expended by PSG in defending any claim brought against PSG.
22. No Costs. User will not seek any costs and / or fees from PSG relating to, and / or arising from any case brought against PSG.
23. No Waiver. No Delay, failure, or waiver of PSG's exercise or partial exercise of any right or remedy under the terms and conditions found in this agreement will operate to subsequently: alter, limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy.
24. No Discrepancies. lf there are any discrepancies between this and any other expression, written or spoken, the terms found on this document shall apply to the exclusion of all and any other expression(s).
25. Severability. lf any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, they shall be severed from the agreement.
26. Remaining Provisions. The remaining portions of the agreement shall remain in full force and effect, and shall constitute the entire agreement.
27. Interpretation. lf any provision is found to be inconsistent with another provision of this writing, such provision(s) shall be interpreted in a manner allowing for the greatest possible intended meaning of the entire agreement. Where not possible, inconsistent provisions shall be severed, but only to the extent necessary to remedy such inconsistency. Such provision or provision(s) will be severed from the agreement in a manner allowing for the largest part of the agreement to remain in fullforce and effect.
28. language and lnconsistencies: Any inconsistency between this agreement as expressed in English and any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. Les parties ont convenu de rediger cette entente en anglais.
Published on : May 14,2012