1. FILL IN RX gives you a personal, worldwide, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the App, subject to this Agreement. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the App as provided by FILL IN RX, in the manner permitted by the terms of this Agreement.
2. We reserve the right to:
3. You agree that you are responsible for:
1. You shall not use our App for any unlawful purposes, including but not limited to, use in any way that:
2. When contributing, linking or adding content to the App, such as when leaving reviews, you must ensure that:
3. You must not contribute, link to or add any content to the App, in any manner whatsoever, that:
1. You must comply with all your duties and obligations under this Agreement, in particular, when making use of a feature that allows you to add or contribute material to our App, or make contact with other users of our App.
2. You accept and acknowledge that:
3. You accept and understand that our App may contain links to third-party websites or apps, advertisers, services, special offers, or other events or activities that are not owned or controlled by FILL IN RX. We do not endorse or assume any responsibility for any such third-party sites, apps, information, materials, products, or services. If you access any third-party website, app, service, or content via our App, you do so at your own risk and you agree that FILL IN RX will have no liability.
4. You agree that:
5. You accept and understand that:
1. You agree that the failure to comply with any duties or obligations under this Agreement, including but not limited to those outlined in Section 2, constitutes a material breach of this Agreement.
2. You agree that if, in our opinion, you are in breach of any of the terms of this Agreement, we reserve the right to take any and all remedial actions, including but not limited to the following:
3. You accept and understand that we may suspend your account for a period of at least 14 days if you cancel a job that was arranged via the App, on more than one occasion, within 24 hours of the commencement date of the requested job.
1. You agree that all rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to content on our App (excluding content provided or added by you or other users of the App), including but not limited to, all information, data, text, maps, graphics, the "look and feel", logos, icons, trademarks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents on the App, and the underlying code and software in the App (“Our Content”) are and will remain the exclusive property of FILL IN RX and any applicable licensors. All such rights to Our Content are reserved.
2. You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license or rent any part of Our Content unless we provide you with our prior express written consent to do so.
1. Nothing in this Agreement shall be deemed to constitute a partnership, agency or employment relationship, as a matter of fact, between you and FILL IN RX.
This section of the terms is important and you should read it carefully.
1. You accept and understand that fill in rx and its affiliates disclaim to the maximum extent permitted by law any warranties, representations, guarantees or conditions, whether express or implied relating to, but not limited to, the following:
This section of the terms is important and you should read it carefully.
1. You accept and understand that fill in rx and its affiliates disclaim to the maximum extent permitted by law any warranties, representations, guarantees or conditions, whether express or implied relating to, but not limited to, the following:
whether based on warranty, contract or tort (including negligence) or otherwise, even if we have been advised of the possibility of loss or damages.
2. Notwithstanding the exclusions set out in these terms, if we are found to be liable to you, our total aggregate liability to you (whether in contract, tort, negligence, strict liability in statue or otherwise) for all and any damages, losses or causes of action arising, by reason or in connection with your use of our site or app, shall be limited to the total fees paid by you, if any, to access our site.
3. Nothing in these terms shall affect your statutory rights as a consumer to limit or exclude our liability for personal injury or death caused by our gross negligence or willful misconduct or any other liability which cannot be excluded or limited under law.
This section of the terms is important and you should read it carefully.
1. You are responsible, and assume all liability, for all content that you link to, contribute or add to the app.
2. All users that own pharmacies, and their affiliates, including, but not limited to, their directors, managers, subsidiaries, employees or agents, shall be responsible for ensuring that all information and documents provided to them by the pharmacist at the commencement of a job contain accurate information. such users assume all liability arising out of or in connection with the provision of inaccurate or false information or documents by pharmacists.
3. All users that own pharmacies, and their affiliates, including, but not limited to, their directors, managers, subsidiaries, employees or agents, shall be responsible for ensuring that any pharmacists hired by them are not on the list of excluded individuals and entities administered by the office of inspector general.
4. You agree that we will not be held responsible or liable for any representations or contributions made by you, other users or third parties.
5. If a dispute arises between you and another user or third party, you shall release us, our directors, agents, employees, subsidiaries and affiliates, from any and all claims, demands and damages of any kind and nature, known or unknown, arising out of or in connection with said dispute.
6. You shall indemnify us and keep us fully indemnified on demand from and against all liabilities, expenses, damages and losses, legal costs (calculated on a full indemnity basis) and all other reasonable professional costs (including costs of defence of claims, suits or proceedings brought by third parties)) and expenses suffered or incurred by us arising out of or in connection with your use of the app, your content, your breach of these terms and/or as a result of your violation of these te rms and/or as a result of your violation of any applicable laws or regulations.
1. You understand that we process information about you in accordance with our Privacy Policy. By using our App, you consent to such processing and you warrant that all data provided by you is accurate.
1. You agree that the courts of the State of New York shall have exclusive jurisdiction over any claim or dispute arising from, or related to this Agreement.
2. You further agree that this Agreement is governed by the laws of the State of New York.
1. You agree that if any clauses in these Terms of Use are found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and in such event, such provision shall be changed and/or interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
1. You accept and understand that these Terms of Use (inclusive of any other Policies or Agreements referenced or incorporated herein) are the entire and exclusive agreement between FILL IN RX and You regarding your use of the App. These Terms supersede and replace any prior agreements between FILL IN RX and You regarding the App.
2. You acknowledge that you have not, in agreeing to these Terms of Use, relied on any representation, warranty or undertaking not expressly incorporated herein.
1. If you have any issues, wish to make a complaint or have a dispute relating to this Agreement, we strongly encourage you to first contact us directly to seek a resolution via e-mail at legal@fillinrx.com. FILL IN RX reserves the right to determine at its sole discretion the means, methods and processes by which issues will be resolved, with the goal of a satisfactory resolution for all parties.
2. If the issue relates to a dispute with another user of the App, we can also be contacted via the App. You agree that, in accordance with Sections 7, 8 and 9 above, we are not liable and are to be held harmless in connection with any dispute arising between you and another user of the App.
1. You accept and understand that we may revise these Terms from time to time. The most current version will always be available on the App and Site. If, in our opinion, the revision is material, we may notify you of the material revision via an e-mail to the email associated with your account.
2. You agree to be bound by any revised version of our Terms of Use, with or without formal notification, once published on the App, from the date of such publication, by continuing to access our App after any such revision has been published on the website. We strongly encourage you to review the Terms of Use published on our App from time to time.
3. You agree that, if this Agreement is translated into another language, the English version of the Agreement shall govern in the event of any conflict or ambiguity arising from the translation.