Terms and Conditions

Accessible 24 hours a day, 7 days a week, CERT-Pharma S.A. online store offers a large selection of products, along with a wealth of health-related information, buying guides and other tools designed to help potential customers make educated purchasing decisions. CERT-Pharma S.A. ("we, us, our") want each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms of use so that we (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed as your acceptance of these changes and the reasonableness of these standards for notice of changes.

Information Disclaimer
All information supplied has no warranty whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease.­ No warranty is made that any information on or linked to this site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.

Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of the pharmaceutical product supplied via this Site. This information is not to be taken as any sort of medical advice whatsoever. ­You take full and total responsibility for what you do with this information and any resulting outcomes from your actions.

The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other party’s medical condition. Nothing contained in the service is intended to be or should be taken for medical diagnosis or treatment.

Privacy
Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your account obligations
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy .
In order to place an order in our Site, you should acknowledge and accept that:

You are above the age of eighteen (18) years, and have entered into a contract with CERT-Pharma S.A. of your own free will, and that you did not act under duress or undue influence.
You are the authorized cardholder of the credit card used for payment of the requested medication.
You acknowledge and confirm that the medication shall be for your exclusive personal use, and that you shall use it as directed. You shall not pass it on to other persons, or be a party to reselling the medication, unless you are authorized by applicable law and you have acquired our prior consent.
You warrant that you have checked to ensure that the importation of prescription drugs into your jurisdiction of residence by you does not violate the laws of your jurisdiction or any jurisdiction at which you may accept delivery of medication shipped to you as a consequence of your order.
You confirm that you have undergone a recent and satisfactory physical examination by a doctor licensed to practice medicine in your jurisdiction of residence (herein after called your 'Personal Healthcare Practitioner'), you further confirm that your Personal Healthcare Practitioner has diagnosed a certain medical condition, and you attest that you are utilizing the services of CERT-Pharma S.A. only to obtain medication for the identified medical condition. You agree to consult your Personal Healthcare Practitioner in the event of difficulties, questions, or complications. You acknowledge that you have previously used the medication(s) that you may request with no ill effects, or you have been advised by your Personal Healthcare Practitioner that the use of the medication(s) is proper for your medical needs.

Further regarding your use of the CERT-Pharma S.A. website and other facilities, you warrant that you 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, unless you are authorized by applicable law and you have acquired our prior consent.
Regarding your treatment, received through CERT-Pharma S.A., you confirm that:
a. you shall seek information from your pharmacist and/or Personal Healthcare Practitioner regarding the risks, benefits, and possible side effects of your medication. You agree not to take any other prescription medication or over-the-counter medicines without consulting with your pharmacist who is aware of your use of all medications.
b. you will use such medication under the strict supervision of your Personal Healthcare Practitioner, whose advise shall take precedence over that of, and shall not be supplanted by that of, any other health professional involved in your care.
c. you undertake to make contact promptly with your Personal Healthcare Practitioner or any medical practitioner for any necessary emergency intervention should a complication arise following your use of your medication.
d. you appreciate that there are always attendant risks to the use of any medication. You understand that you must have regular physical examinations and laboratory tests to ensure that it is safe for you to take the medication. You accept all risks involved in taking the medication. You will not seek any damages or any other liability from CERT-Pharma S.A., its affiliated companies, contractors, agents or principals, if any side-effects occur as a result of your use of the medication.
e. you appreciate that no health professional may guarantee that your medication shall have the desired effects or will provide the results you seek.
You understand and agree that:
a. CERT-Pharma S.A. shall not be liable for any acts or omissions of its associated health professionals, and of your Personal Healthcare Practitioner in advising you or communicating with you with regard to your medication. You release CERT-Pharma S.A. from any and all claims related to allegations that the prescribing physician acted below the standard of reasonable medical care because he/she did not perform an in-person physical examination.
b. The total liability, if any, of CERT-Pharma S.A. related or arising from your use of this website to purchase a medication is limited to the purchase price of the medication purchased. In no instance shall CERT-Pharma S.A. be liable for any direct, indirect, special, incidental, consequential, or punitive damages.
You agree to release CERT-Pharma S.A., its employees, agents, principals, corporate affiliates and all related parties from any liability arising from your consumption of the medication and for medical, physical or behavioral and other effects of any medication that you may take as a consequence of your order.
You understand that CERT-Pharma S.A. is not engaged in the practice of medicine.

You 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, and the court should endeavor to give effect to the parties' intentions as reflected in the exempted provision, and that the other provisions of the Terms of Use remain in full force and effect.

Your Conduct
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, national or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

Site Content
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the national copyright laws and international treaties, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in national law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

Colour/Product Description
We have made every effort to display as accurately as possible the colours of the products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.

Limitation of Liability
Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; or (v) any other matter relating to the service. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the site.
Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries liability is limited to the fullest extent permitted by law.

You agree to indemnify and hold us, and affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the site, your use of the site, your connection to the site, your violation of the terms of use, or your violation of any rights of another.

Except as expressly stated herein, CERT-Pharma S.A. makes no representations or warranties, either express or implied, of any kind with respect to products sold on the site. Except as expressly stated herein, CERT-Pharma S.A. expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to CERT-Pharma S.A. arising from any product sold on the site shall be the price of the product ordered. In no event shall CERT-Pharma S.A., its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to product sold.

Our Rights
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the Users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

Links to Third Party Sites
Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

Applicable Law
We control the Site from our offices within the Republic of Panama. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Republic of Panama’s export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the national laws of the Republic of Panama, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Panama City, Panama.

Termination
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Typographical Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, CERT-Pharma S.A. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. CERT-Pharma S.A. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled CERT-Pharma S.A. shall immediately issue a credit to your credit card account in the amount of the incorrect price.

General Information
These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.



 
HOME    ONLINE STORE   ABOUT US   PRIVACY POLICY   TERMS OF USE   CONTACT US 

Copyright © 2005 Cert Pharma S.A. All rights reserved.