TERMS OF USE

The Site (excluding linked sites, if any) is administered and controlled by GSW Customer Care Inc. and its affiliates, subsidiaries, officers, directors, employees or agents (collectively, “Buyinsulin.com™“) in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein. You agree that the Site will be governed by and construed in accordance with Manitoba law without giving effect to any principles of conflicts of laws. You agree that all disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of Manitoba, Canada. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Manitoba to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site.

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GENERAL

All products and services of Buyinsulin.com™ are subject to the terms and conditions of the applicable agreements governing their use or sale.

These Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site. In the event of any conflict, the terms provided in the pages of the Site will govern.

The information, material and content provided in the Site (the “Information“) may be changed at any time without notice. Changes may be made to these Terms at any time without notice by updating this posting. You agree to review these Terms regularly and your continued access or use of the Site will mean that you agree to any changes.

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LOCAL LAWS; EXPORT CONTROL

It is important to note that not all of the products, services and Information are available in all provinces or in jurisdictions outside Canada. The Information does not constitute an offer or solicitation to buy or sell any product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation.

The terms and conditions applicable to any product, service or information will be those determined at the time of provision of the product, service or information. Please be aware of the laws of your jurisdiction or that otherwise apply to you in relation to any of the matters described in these pages. If you choose to access the Site from outside of the Province of Manitoba or the Country of Canada, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws. You may not use or export or re-export the Information or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.

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NOT OFFERING ANY ADVICE

The Information is for informational purposes only and is not intended to provide specific advice for you, and should not be relied upon in that regard. You should not act or rely on the Information without seeking the advice of a professional. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS SITE FOR DIAGNOSING, TREATING, CURING OR PREVENTING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCT ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY THE PRODUCT. ALWAYS CONSULT YOUR OWN PHYSICIAN FOR ADVICE AND TREATMENT.

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DISCLAIMERS

Buyinsulin.com™ PROVIDES THE SITE AND THE INFORMATION ON AN “AS IS, WHERE IS AND AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Buyinsulin.com™ DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE SITE OR THE INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, CURRENTNESS, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, Buyinsulin.com™ DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED, OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE ALL PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.

YOU ACKNOWLEDGE AND AGREE THAT Buyinsulin.com™ DOES NOT ENDORSE THE CONTENT OF ANY MEMBER OR ANY SITE ACCESSED VIA LINKS OR OTHER MEANS FROM THE SITE AND IT IS NOT RESPONSIBLE OR LIABLE FOR SUCH CONTENT EVEN THOUGH IT MAY BE UNLAWFUL, HARASSING, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, HARMFUL, OBSCENE, OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER PERSON.

EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Buyinsulin.com™ BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION, EVEN IF Buyinsulin.com™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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TRADE-MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

“InsulinMart” and “Buyinsulin.com” are registered trademarks used under exclusive license by Buyinsulin.com Customer Care (“Buyinsulin.com™“).

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is licensed by Buyinsulin.com™ and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring“) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Buyinsulin.com™’s express prior written consent. Buyinsulin.com™ actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

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INTERNET E-MAIL

Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. Buyinsulin.com™ is not responsible for and will not be liable to you or any one else for any damages in connection with an E-Mail sent by you to Buyinsulin.com™ or an E-Mail sent by Buyinsulin.com™ to you at your request.

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NO ENDORSEMENTS

No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.

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LINKS/SOFTWARE

Links from or to websites outside the Site are meant for convenience only. Buyinsulin.com™ does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and Buyinsulin.com™ will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and Buyinsulin.com™ is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

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YOUR TRANSMISSIONS

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-proprietary, and may be used by Buyinsulin.com™ for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

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PRIVACY POLICY

By your consent to the collection and use of personal information as described in our privacy policy published on the Site. Buyinsulin.com™ reserves the right to amend its privacy policy from time to time by posting the updated policy on the Site. You agree to review the privacy policy each time you visit the Site.

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ENTIRE AGREEMENT

These Terms and any terms incorporated or referred to herein constitute the entire agreement between you and Buyinsulin.com™ relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Buyinsulin.com™ making such amendments or modifications in accordance with these Terms.

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SEVERABILITY

These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

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COOKIES

Like many other websites, Buyinsulin.com™ also collects information about website traffic and usage patterns through the use of cookies and Web server logs. Cookies are small computer files Buyinsulin.com™ transfers to your computer’s hard drive. These small text files help us personalize content on our pages and provide programs like e-coupons. Your browser software can be set to reject all cookies. Instructions for resetting the browser to reject cookies are available in the “Help” section of most browsers.
Our use of cookies also allows us to collect and retain certain information about Website users, such as the type of web browser used by our customers. This information is not linked to personally identifiable information about a particular individual or customer account, but is collected from a particular computer as the user moves through a Website.
Reviewing the Website server logs and our customers’ use of the Website helps us to statistically monitor how many people are using the Website and for what purpose. Only authorized Buyinsulin.com™ personnel and agents have access to the Website server logs, cookie utilization data, and purchase history information collected by Buyinsulin.com™. These employees are held to strict confidentiality, security policies and procedures.

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YOUR AGREEMENT TO ABIDE BY ALL APPLICABLE LAWS

By using the Website you agree to comply with any and all local, provincial, state, federal, or international laws, statutes, and regulations that relate in any manner to the use of the Website and the associated services or products contained thereon.
Relationship Between Buyinsulin.com™ And Users
Buyinsulin.com™ and users of the Website are independent contractors, and no agency, partnership, employment or other relationship is created or is intended to be created by use of the Website.

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FORCE MAJEURE

Buyinsulin.com™ shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested products, mail delays, customs delays or lost shipments. Buyinsulin.com™ shall not be responsible to notify you in the event of such delays. You shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases, if necessary.
Thank you again for visiting the Website.
Consequences
Buyinsulin.com™ reserves the right to suspend or terminate your account if you violate this Agreement. If your violation causes harm to others, you agree to indemnify and hold Buyinsulin.com™ harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding this Agreement or your use of the Website, it shall be resolved through good faith negotiations between the parties.
If such good faith negotiations prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration, but heard pursuant to the law and regulations of the Province of Manitoba. More specifically it shall be conducted in accordance with The Arbitration Act (Manitoba), C.C.S.M. c. A120, as amended. The arbitration award shall be final and binding, and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all attorney fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration.

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ENTIRE AGREEMENT

This Agreement, and any terms incorporated or referred to herein, constitute the entire agreement between Buyinsulin.com™ and you relating to your use of the Website and the subject matter therein, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Buyinsulin.com™ making such amendments or modifications in accordance with this Agreement.

Last updated: August 30, 2006

Terms of Sale

Prism Inc. (Buyinsulin.com™) is the marketing division of the Buyinsulin.com Group of Companies. Headquartered in Winnipeg, Manitoba, Canada, Buyinsulin.com™ is not engaged in conducting sales, but rather engages in the business of facilitating sales transactions on behalf of authorized pharmacies both within Canada and internationally. The following terms and conditions (the “Terms of Sale”) related to the services and sales as between the Buyinsulin.com™ authorized Pharmacy (the “Pharmacy”) and you (the “Customer”) of the products and services (the “Products”) offered for sale by the Pharmacy. By accepting delivery of the Products described on a purchase order (an “Order”), the Customer agrees to be bound by and accepts the Terms of Sale.

THESE TERMS & CONDITIONS APPLY TO ALL TRANSACTIONS, BOTH CURRENT AND FUTURE, INVOLVING THE PURCHASE OF PRODUCTS FROM THE PHARMACY. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, GSW, AS YOUR AUTHORIZED AGENT, WILL NOT BE ABLE TO FACILITATE YOUR PURCHASE OF PRODUCTS. IF YOU HAVE RECEIVED PRODUCTS WITH THESE TERMS & CONDITIONS, AND YOU DO NOT AGREE TO BE BOUND BY THEM, YOU MUST RETURN THE PRODUCTS WITHIN 30 DAYS BY CONTACTING GSW AT THE CONTACT NUMBER AVAILABLE ON ITS WEBSITE AT www.buyinsulin.com (the “Website“).

1. Personal Examination. The Customer has personally attended, has had a physical examination by and has received a prescription from a duly licensed practitioner (the “Prescribing Practitioner”) within the last 12 months and does not require an additional physical examination.

2. Original Prescription Required. Buyinsulin.com™ will not accept any Order unless the customer delivers the Prescribing Practitioner’s original prescription to Buyinsulin.com™ or unless Buyinsulin.com™ receives the original prescription from the Prescribing Practitioner by facsimile.

3. Power of Attorney. The Customer shall authorize and appoint the Pharmacy as its attorney and agent, to take all steps, sign all documents and to act on its behalf as if the Customer was personally present and acting for itself for the limited purposes of (a) obtaining a legally valid prescription for any prescription which the Customer had sent to Buyinsulin.com™; and (b) packaging the Customer’s prescriptions and delivering them to the Customer. The Customer’s authorization shall include, but not be limited to, the collection of personal and personal health information and disclosure such information to Buyinsulin.com™, the Pharmacy, the physician and any other health professionals being retained on behalf of the Customer, as required. The Customer’s authorization may be revoked at any time and shall be continued until the Customer revokes it.

4. Orders; Prices; Payment Terms; Interest. Buyinsulin.com™ may act on behalf of the Pharmacy to collect order information and/or payment. Orders are not binding upon Buyinsulin.com™ until accepted in writing. The prices for the Products shall be as specified by the Pharmacy and as set forth in Buyinsulin.com™’s website as at the time of acceptance of an order by Buyinsulin.com™. Prices for Products shall be subject to change without further notice. Credit terms are at the discretion and as specified by the Pharmacy and implemented by Buyinsulin.com™, and unless otherwise specified in writing, payment must be received by Buyinsulin.com™ prior to acceptance of an order. Payment for the Order may be made by a credit card accepted by Buyinsulin.com™, wire transfer, bank draft, personal cheque or money order. If credit terms have been agreed to by Buyinsulin.com™, invoices are due and payable within thirty days after the date of the invoice. The Customer agrees to pay interest on all amounts past due at a rate of 18 per cent per annum.

5. Shipping Charges; Taxes. In some cases, Buyinsulin.com™ has been retained to prepare and issue invoices on behalf of the Pharmacy. In such cases, separate charges for shipping and handling will be shown on the invoice(s). The Customer is responsible for services tax, sales and all other taxes associated with the Order, however designated, as required by the jurisdiction of the sale. If applicable, a separate charge for taxes will be shown on Buyinsulin.com™’s invoice.

6. Shipping. Delivery of the Product to the Customer takes place when the product leaves the Pharmacy. After delivery, the Pharmacy will, as attorney and agent for the Customer, arrange for shipping of the product to the Customer’s home address. Normally, the Customer’s product shipment takes an average of 14 to 21 days to arrive. In the event that the Customer’s shipment is delayed past 28 days, and upon notice from the Customer, Buyinsulin.com™ will arrange with the Pharmacy to replace the delayed shipment, and the Pharmacy will re-deliver and re-ship the product to the Customer. Buyinsulin.com™ is not liable for any damage to the Customer due to delay in shipment or failure of the product to arrive within 28 days.

7. Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANADADRUGS.COM DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS OF SALE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.

8. Privacy Policy. The Customer shall fully and accurately disclose their personal information and consent to its use by Buyinsulin.com™ By submitting an Order to Buyinsulin.com™, the Customer consents to the collection and use of personal information as described in our Privacy Policy published on the Buyinsulin.com™ website. Buyinsulin.com™ reserves the right to amend its Privacy Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Privacy Policy each time it submits an Order.