Overview

Purchasing prescription pharmaceuticals and other medications (“Products”) online can be a challenge, because several services providers often need to be involved: ecommerce brands that provide an online store for you to shop for Products (“Brands”), healthcare professionals that are able to provide you with a prescription for the Products you want to purchase (“Prescribers”), and pharmacies that can fill your prescription and mail your Products to you (“Pharmacies”).

The Platform is a technology platform that integrates into the ecommerce stores of Brands to facilitate your online orders for Products and works by connecting you with the Prescribers and Pharmacies who may prescribe, fill, and deliver your order.

To order a Product from a Brand through the Platform, you will need to:

• Create a user account;
• Submit an order request for one or more Products (an “Order Request”); and
• Provide any supplement information requested by the applicable Prescriber or Pharmacy.

You acknowledge that Pillexa is only the provider of the Platform and is not in anyway a healthcare provider or otherwise a provider of healthcare advice or services. Approval of your Order Requests is subject to the discretion and professional obligations of the applicable Prescriber and Pharmacy. Pillexa has no control over and does not provide any guarantee that your Order Requests will be approved, even for Products you’ve previously used, been prescribed for, or purchased. 

Creating an account

To access and use the Platform, you will first be required to create a user account with Pillexa, either directly or through a Brand. To create a user account, you will be required to provide your name, email address, a login name, and a password, and such other information related to your user account that we may require from time to time. The information you provide when creating a user account is collectively called your “Account Details”. When creating a user account, you agree to provide correct, current, and complete Account Details, and to promptly update your Account Details if any information changes.

While we take steps to protect your Account Details, you acknowledge and agree that you are also responsible for maintaining the confidentiality of your Account Details. If you believe any of your Account Details have been compromised or that someone else is accessing your user account, you agree to promptly inform us and to take reasonable steps to secure your user account.

You acknowledge and agree that your user account is personal to you, and that you cannot share your user account with, or transfer your user account to, another person without our prior written consent.

To use the Platform, we may require that you help us verify your identity by providing government-issued photo identification or such other documentation as we reasonably require, and we may share such information with third parties who support our verification process. You authorize us to share any such information with the third parties we work with for the purposes of verifying your identity to enable your use of the Platform.

Submitting an order requests

You submit an order request for a Product by checking out through the applicable Brand’s online store. The Platform integrates with the Brand’s check-out process to provide you with a seamless experience.To submit an Order Request, you will be prompted and required to complete an intake questionnaire, the specific questions of which may depend on the Brand, the Products you are requesting to order, the location you are purchasing the Products from and having them shipped to, and other information as may be relevant to a particular Product (the “Intake Questionnaire”).

You acknowledge and agree that the information you provide in response to the Intake Questionnaire is intended for the applicable Prescriber and Pharmacy supporting the fulfillment of your Order Request, and its accuracy and truthfulness will be relied by the Prescriber and Pharmacy in doing so. You agree to provide truthful, accurate, current, and complete information when completing Intake Questionnaires through the Platform, and you acknowledge and agree that Pillexa is not responsible for reviewing or verifying your responses to Intake Questionnaires. If you are completing an Intake Questionnaire on behalf of another individual, by doing so, you represent and warrant that you are duly and legally authorized to act on that individual’s behalf and share their information with Prescribers and Pharmacies through the Platform, and that the information you provide on their behalf is truthful, accurate, current, and complete.

By completing an Intake Questionnaire through the Platform, you authorize Pillexa to share your responses with Prescribers and Pharmacies for the purposes of reviewing your Order Request and, if approved, prescribing, filling, and delivering the applicable Products. You acknowledge that their use of your information and the services they provide are independent of the Platform and subject to the privacy policies and any additional terms and conditions required by such Prescribers and Pharmacies. The Platform does not provide any form of healthcare services, but instead simply facilitates order fulfilment by connecting you with Prescribers and Pharmacies to complete online orders of Products from Brands. You are responsible for ensuring you feel comfortable with the qualifications, recommendations, advice, and other conduct of the Prescribers and Pharmacies that you interact with.

While we require our Prescribers and Pharmacies be qualified and take reasonable care in protecting your personal information, you acknowledge and agree that we are not liable for the conduct of any Prescriber or Pharmacy you interact with through or as a result of the Platform, including for any professional misconduct, negligence, or privacy breach that may occur. It is your responsibility to provide truthful, accurate, current, and complete information to the Prescribers and Pharmacies you interact with, whether directly or through the Platform, and to make informed decisions about your healthcare, including consulting your own family physician or other healthcare professional if you have any questions or concerns regarding any Products or Order Request.

You may direct that a prescription you receive from a Prescriber on or through the Platform be sent to a pharmacy of your choosing by contacting us at support@pillexa.com. No discount to the Product Cost (defined below) will be available as a result of directing such a prescription to a preferred pharmacy, and additional administrative fees may apply.

Your dashboard and requests for supplemental information

Once you have submitted an Order Request, you will be able to view its status through your user account.

The applicable Prescriber or Pharmacy may require information supplemental to the information you provided when completing the Intake Questionnaire and may be able to do so by directly and securely messaging with you through the Platform. In some cases, the applicable Prescriber or Pharmacy may need you to take steps that cannot be completed on the Platform – for example, completing bloodwork or a telehealth conference to confirm your ability to receive a prescription for a particular Product – and these steps may require that you agree to additional terms and conditions with the applicable Prescriber or Pharmacy or other third parties. You agree to receiving video and audio files, phone calls, direct text messages, emails, or invitations to use secure audio or video chat platforms from Prescribers or Pharmacies and acknowledge that you may be required to agree to additional terms and conditions with the applicable Prescriber or Pharmacy or other third parties to do so.

Payment

Unless otherwise indicated to you at the time you make an Order Request, the following payment terms apply.
At the time you make an Order Request, you will be required to provide a credit card for payment (your “Card”) and a hold will be placed on your Card for the estimated total cost of your Order Request, including the cost of the Products and any additional fees required by the applicable Prescriber or Pharmacy. Once the applicable Prescriber approves your Order Request and sends your prescription to the applicable Pharmacy, we will confirm and deliver to you the final total cost (the “Product Cost”). You authorize us to charge your Card in the amount of the Product Cost upon approval of your Order Request, without the need for further action or authorization from you. You represent and warrant to use that you have the right to authorize us to charge your Card for payments due to us under these Terms.The portion of the Product Cost relating to the services of Prescribers is an out-of-pocket expense and cannot be covered under any public or private insurance you may have available. You agree not to submit any portion of the Product Cost to any insurer or otherwise seek third-party reimbursement for it.

Shipment

Shipment of all Products is handled by the applicable Pharmacy and is subject to their then-current terms and conditions. You acknowledge that Pillexa is not liable for the non-delivery of any Products or any loss or damage that occurs during the shipment.

The Platform is for your own personal and non-commercial use, and you are responsible for obtaining your own access to the Platform and for any related expenses. Subject to your ongoing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-assignable, royalty-free, and revocable license to access and read the Platform for personal, non-commercial purposes.
‍We reserve the right at any time to limit or prevent your use of the Platform for any reason, including for any breach of these Terms by you (including, for the avoidance of doubt, if we suspect you may be using the Platform for unlawful purposes). You agree not to make additional user accounts for the purposes of circumventing our efforts to limit or prevent your use of the Platform.
‍By using the Platform, you represent and warrant to us that all information you provide on or through the platform, including responses to Intake Questionnaires, are truthful, accurate, current, and complete, and that you are ordering Products in compliance with all applicable law and for your own personal use for genuine bona fide health reasons in accordance with prescription you receive for such Products and the advice you receive from the Prescriber, Pharmacy, your family physician, or other healthcare professional.
You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except your computer and browser may temporarily store or cache copies of materials being accessed and viewed.
You are prohibited from attempting to circumvent and from violating the security of the Platform in any way, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security or authentication measures of the Platform; (c) restricting, disrupting, or disabling service to the Platform’s users, hosts, servers, or networks; (d) illicitly reproducing the Platform’s TCP/IP packet header; (e) disrupting network services or otherwise disrupting our ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying the Platform; (g) introducing to the Platform any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Platform.

Privacy

You acknowledge and agree that by providing us with your personal information or otherwise interacting with us, you consent to the collection, use, and disclosure of your personal information in accordance with our privacy policy, accessible here: www. pillexa.com/privacy-policy which is incorporated into these Terms by reference and forms an integral part of these Terms.

Intellectual property rights and ownership

You understand and agree that the Platform (including, for the avoidance of doubt, its contents, features, functionality, information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement) is owned or licensed by Pillexa and is protected in all forms by intellectual property laws. You agree that you will not:

• distribute the Platform for any purpose, including without limitation by compiling an internal database, or by redistributing or reproducing the Platform by the press or media or through any commercial network, cable, or satellite system; or
• create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, outsource, host, or make available to any person, either directly or indirectly, the Platform in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise.

Pillexa’s names, logos, good and service names, designs, images, and slogans are trademarks of Pillexa or its affiliates or licensors. You must not use any of those trademarks without the prior written permission of Pillexa. Other names, logos, good and service names, designs, images, and slogans mentioned, or which appear on the Platform are the trademarks of their respective owners. Use of any of those trademarks, except as expressly authorized, may constitute an infringement or violation of the rights of their owner, be a violation of federal or other laws, and could subject the infringer to legal action.

You are not permitted to modify copies of any materials from the Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from the Platform. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. You have no right, title, or interest in or to the Platform (including, for the avoidance of doubt, any content on the Platform), and any and all rights not expressly granted to you under these Terms are reserved by Pillexa. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms, and may infringe or violate copyright, trademark, or other intellectual property or other proprietary laws.

We may freely use, copy, disclose, license, distribute, and exploit any comments, questions, ideas, suggestions, or other feedback you provide relating to the Platform in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. No such feedback will be considered your confidential information, and nothing in these Terms or otherwise limits our right to independently use, develop, evaluate, or market goods or services, whether incorporating such feedback or otherwise.

No reliance

The Platform is provided solely to facilitate your online orders for Products from Brands by helping to connect you with Prescribers and Pharmacies in a smooth and seamless manner. It does provide advice of any sort. Although we make reasonable efforts to update the Platform, we make no representations, warranties, or guarantees, whether express or implied, that the Platform is accurate, complete, or up to date. Your use of the Platform is at your own risk and neither Pillexa, nor its affiliates, nor their respective directors, officers, employees, agents, or successors have any responsibility or liability whatsoever for your use of the Platform.

Third party websites

The Platform may include links or pointers to, or content provided by, third parties. We make no representations about any other websites that may be accessed from the Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the content of any third-party websites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

All statements or opinions expressed in any third-party content are solely the opinions and the responsibility of the person or entity providing that content. Such content does not necessarily reflect the opinion of Pillexa. Neither Pillexa nor its affiliates nor their respective directors, officers, employees, agents, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Disclaimer of warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER PILLEXA, NOR ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER PILLEXA, NOR AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM IS OR WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY PLATFORM LINKED TO THE PLATFORM.

Limitation on liability 

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL PILLEXA, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, OMISSIONS, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM OR ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES. NOTWITHSTANDING THE FOREGOING, IF PILLEXA IS FOUND LIABLE FOR ANY REASON, ITS LIABILITY TO YOU IS LIMITED TO THE GREATER OF THE PRODUCT COST FOR THE APPLICABLE ORDER REQUEST AND CA$100.00.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Pillexa and its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your use or misuse of the Platform, breach of these Terms, negligent act or omission, or violation of any applicable law or regulation.

Governing law and choice of forum

These Terms are governed by and to be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to the Platform or these Terms must be instituted in the courts of the Province of Ontario or the Federal Court of Canada, as applicable, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waivers

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms will operate, or should be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force majeure

We will have no liability to you for any breach of these Terms caused by any event or circumstances beyond our reasonable control including without limitation strikes, lockouts and other industrial disputes, breakdown of systems or network access, disease, flood, fire, explosion, or accident.

Severability

If any term or provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire agreement

The Terms constitute the sole and entire agreement between you and Pillexa regarding your use of the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Contact

Questions about these Terms should be sent to us at support@pillexa.com

Pillexa is not a healthcare provider. You may communicate with a third-party healthcare provider in the course of using the Platform. You can find additional information and resources on healthcare providers within certain jurisdictions below.

California notice to consumers

Medical doctors are licensed and regulated by the Medical Board of California.
(800) 633-2322
‍www.mbc.ca.gov/

Complaints may be filed online at http://www.mbc.ca.gov/Breeze/Complaints.aspx or submitted in hard copy form. A Consumer Complaint Form, including instructions for completing it, may be found at http://www.mbc.ca.gov/Consumers/Complaints/Submit_By_Mail.aspx.A hard copy Consumer Complaint Form should be submitted to:

Medical Board of California
Central Complaint Unit
2005 Evergreen Street, Suite 1200
Sacramento, CA 95815
The Central Complaint Unit of the Medical Board of California can be contacted by phone at 1-800-633-2322 or 916-263-2382.

Texas

Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation to:

Texas Medical Board
Attention: Investigators
333 Guadalupe, Tower 3, Suite 610
P.O Box 2018, MC-263
Austin, TX 78768-2018

Assistance in filing a complaint is available by calling 1-800-201-9353. For more information, visit www.tmb.state.tx.us

‍Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas:

Texas Medical Board
Attention: Investigations
333 Guadalupe, Tower 3, Suite 610
P.O. Box 2018, MC-263
Austin, Texas 78768-2018

Si necesita ayuda para presentar una queja, lame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.

Kansas

It is unlawful for any person who is not licensed under the Kansas Healing Arts Act to open or maintain an office for the practice of the healing arts in this State.This office is maintained under the authority of a person who is licensed to practice the healing arts of Kansas.

Questions and concerns regarding this professional practice may be directed to:

Kansas State Board Of Healing Arts
800 SW Jackson, Lower Level-Suite A
Topeka, Kansas 66612
Phone: (785) 296-7413
Toll Free: 1(888) 886-7205
Fax: (785) 296-0852
Website: www.ksbha.org