Last Updated: January 1, 2022

Welcome to Medrop and/or its affiliates (“Medrop Pharmacy”) which provide website features and other products and services to you when you visit www.getmedrop.com use Medrop Pharmacy products or services or interact or communicate with Medrop Pharmacy (collectively, “Medrop Pharmacy Services”).

Before using Medrop Pharmacy Services, please read the Terms of Use, Privacy Policy, help content, and all other applicable rules, policies, and terms posted on the Medrop Pharmacy website, www.getmedrop.com (collectively, the “Agreement”).  By using the Medrop Pharmacy Services, you are agreeing to be bound by the terms of the Agreement. If you do not agree to the terms of the Agreement, you may not use Medrop Pharmacy Services.

 

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

These terms and conditions of use “Terms of Use” govern your use of the online interfaces and properties (e.g., websites and mobile applications) owned and operated by Medrop , including the www.getmedrop.com (the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site.  Medrop (“we”, “us”, “our”) contracts with independent authorized/licensed physician providers and authorized/licensed non-physician providers such as nurse practitioners and pharmacists individually the “Providers”, regarding online telehealth medical consultation services (“Healthcare Services”).   We also contract with licensed pharmacies, regarding pharmacy fulfillment services.  The professional healthcare services which are provided by the Providers are collectively referred to in this Terms of Use as the “Services”. The terms “you” and “your” means you, while accessing your Medrop Account.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within the Terms of Use and Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

 

PRIVACY OF YOUR HEALTH INFORMATION

Medrop is subject to HIPAA and PIPEDA, which govern how we may use and disclose your Protected Health Information, such as medication history, medical conditions, health insurance information, and other personal information we use to provide prescriptions.  You agree that the information you provide in connection with the use of the Services on the Site are governed by the Medrop Privacy Policy, which is hereby incorporated and made a part of this Agreement.

 

SERVICES

We offer an online platform that enables Providers to acquire healthcare information and communicate with respective patients via the Site through the use of telecommunication technologies.   The providers who provide healthcare Services via the Medrop platform are independently contracted by Medrop . The Providers, and not Medrop are responsible for the quality and appropriateness of the care they render to you. 

Providers are independent of Medrop use the Site as a way to communicate with patients. Any information or advice received from a Provider is not from Medrop . Your interaction on the Site is not intended to replace your relationship with your regular primary care physician. Neither Medrop nor any of its affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice provided by any Provider via the Site, nor any information obtained on the Site.  You acknowledge that by using the Services, the potential risks associated with telehealth and pharmacy which include but are not limited to the following: information transmitted may not be sufficient to allow for appropriate healthcare decisions made by the Provider; delays in the evaluation or treatment could occur due to failures in electronic devices; lack of accessibility to your full medical records may result in adverse drug interactions or allergic reactions or other errors in judgement; breach in the privacy of your health information. 

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendation of any kind by Medrop . All information provided by Medrop , or connection with any communications supported by Medrop , is intended to be for general informational purposes only and does not in anyway define a provider-patient relationship as defined by any law. Medrop only facilitates your communication with Providers and does not provide any medical services.

 

EMERGENCIES

IF YOU EXPERIENCE ANY MEDICAL EMERGENCY, YOU SHOUD CALL 9-1-1 IMMEDIATELY.  Medrop's Site and Services are not intended for medical emergencies or urgent acute medical situations. If you believe you are having a medical emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary care provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare providers concerning questions regarding a medical condition.

 

PHARMACY SERVICES

Medrop provides pharmacy services through licensed pharmacies and pharmacists. 

 

USE OF SERVICES

You will need a Medrop Pharmacy profile to use our Pharmacy Services. If you are under 18, you cannot access our Pharmacy services without the involvement of a parent or guardian. You agree to provide and maintain true, current, and complete information about yourself and any dependents. You may establish and use a personal identification number to create and access your Medrop profile.  Medrop may terminate or suspend your access to and use of our Pharmacy Services and/or your Medrop Pharmacy profile without notice, for any reason, at any time.

 

 HEALTH-RELATED CONTENT

Please carefully review product information and package inserts regarding dosage, warnings, interactions, and other information before administering or using any device, drug, herb, vitamin, or supplement received through any Medrop Pharmacy Service. For other health-related content provided we try to be as accurate as possible, however such content is for reference only and describes general principles of health care and are not specific instructions for individual patients. If you have any questions about health-related content, please contact us at 888.244.8998 or your doctor.

 

PAYMENT OBLIGATIONS

You are responsible for the complete payment including co-pays set by your insurance plan for any and all purchases. If there is a problem charging your selected payment method for a copay or cash purchase we may charge any other valid payment method associated with your account.

 

COMMUNICATIONS

You consent to receive communications (including emails, texts, mobile push notifications, or notices and messages on this Website) by or on behalf of Medrop to any email address, phone number, or mobile device associated with your account or otherwise directly or indirectly provided to Medrop .   Communications we send to you may include information about your prescriptions, treatment, or benefits, and, in connection with such communications, we may use pre-recorded/artificial voice messages and/or automatic dialing devices. If you choose to share access to your mobile phone, carrier account, email, or Medrop Pharmacy profile with others, those individuals might also be able to see this information.

 

REFUNDS AND RETURNS

Please read our return and refunds policy in the help section.

 

MULTIPLE FACILITIES

Your prescription may be processed and medication order filled at any licensed pharmacy in our network in compliance with pharmacy regulations, including third-party licensed pharmacies. The dispensing pharmacy will always be identified on the prescription label.

 

MODIFICATIONS

We may change, suspend, or discontinue Medrop Pharmacy Services, or any part of it, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Medrop website. Your continued use of Medrop Pharmacy Services after the effective date of the revised Agreement constitutes your acceptance of the terms.  Medrop's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

 

DISPUTES

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES “YOU AND MEDROP” TO EXCLUSIVELY AND WITHOUT EXCEPTION, RESOLVE ALL DISPUTES BETWEEN “THE PARTIES” THROUGH BINDING “INDIVIDUAL” ARBITRATION, RATHER THAN COURT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MEDROP.

ARBITRATION IS A MANNER OF DISPUTE RESOLUTION THAT IS LESS FORMAL, AND IN MANY CASES, IT IS MORE EXPEDIENT THAN A LAWSUIT IN COURT. ARBITRATORS CAN ARRIVE AT AWARD’S THAT ARE SIMILAR TO THE RELIEF THAT CAN BE AWARDED IN COURT.

YOU MUST ADVISE MEDROPIN WRITING WITHIN TWENTY-EIGHT DAYS OF THE OCCURANCE OF THE MATTER OF DISPUTE, WITH FULL DETAILS OF THE DISPUTE. YOU MUST REGISTER THE DISPUTE WITHIN FIFTY SIX DAYS OF THE OCCURANCE DATE OF THE MATTER OF DISPUTE WITH THE BRITISH COLUMBIA INTERNATIONAL COMMERCIAL ARBITRATION CENTRE FOR DOMESTIC DISPUTE, AND YOU MUST ENSURE THAT MEDROP RECEIVE’S OFFICIAL NOTICE OF THIS ARBITRATION WITHN THESE FIFTY SIX DAYS (IN WRITING AND NOTICE DELIVERED BY HAND), OTHERWISE ANY SUCH CLAIM SHALL BE VOIDABLE WITHOUT RESERVATION OR ANY FURTHER CONSIDERATION OF ANY KIND BY MEDROP, WHATSOEVER UNDER THIS AGREED TIMELINE OF NOTICE, AND SUCH CLAIM SHALL BE BANISHED FOR ANY FUTURE CONSIDERATION FOR ARBITRATION BY THE PARTIES, WHATSOEVER. YOU ALSO AGREE TO IMMEDIATELY REMOVE AND CANCEL ANY NOTICE OF PROCEEDINGS OF ACTION OF ARBITRATION AGAINST MEDROP, AT YOUR EXPENSE, AND FAILING TO IMMEDIATELY REMOVE, AND CANCEL ANY NOTICE OF PROCEEDINGS, AS NOTED ABOVE, WILL RESULT IN MEDROP HAVING SUCH REMOVED AT YOUR EXPENSE, AND YOU HEREBY GRANT MEDROP UNCONDITIONAL AUTHORITY TO OBTAIN PAYMENT FOR THIS REMOVAL AND ANY RESONABLE FEES IN THE COLLECTION OF SUCH BY ANY LAWFUL MEANS, IN ANY JURRISDICTION.

These Terms of Use and your use of the Medrop Web Sites shall be governed by the laws of the Province of British Columbia, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use, and is acknowledged and agreed to without exception, whatsoever, will be resolved “exclusively” by final and binding arbitration in accordance with the rules of the British Columbia International Commercial Arbitration Centre for Domestic Dispute. The venue of such arbitration shall be exclusively in the city of Vancouver, British Columbia, Canada, whatsoever.

All parts of these Terms of Use apply to the maximum extent permitted by law. Medrop and you agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

 

WAIVER AND SEVERABILITY

The failure of Medrop to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  In the event, that any provision of these Terms of Use is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of the Terms of Use will remain in full force and effect.  All remedies of Medrop here under shall be cumulative.

 

FORCE MAJEURE

Medrop will and is not deemed to be liable, or considered to be in breach of or default under these Terms of Use on account of, any delay or failure to perform as required by these Terms of Use as a result of any kind of event(s) or actions by anyone or anything beyond the control or even that of the reasonable control of Medrop . Such as severe weather conditions and the delays it can cause and or interrupt, including without limiting the foregoing where the delay or failure is due to fires or fire-related hazards, explosions, power outages or interruptions, blackouts, internet service provider failure or delay, cyber-attacks, server downtime, loss of servers, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against, that are beyond the control and care of Medrop , whatsoever.

 

REMEDIES

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that may or will cause irreparable and unquantifiable harm.  You also acknowledge and agree that monetary damages may be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have (and reserve the right at Medrop's exclusive option) at law or in equity.

 

NO AGENCY RELATIONSHIP

Neither this Agreement, nor any Content, materials of the Products and/or Services create any partnership, joint venture, employment, or an agency relationship between you and Medrop , medical consultants, the providers, the suppliers, or the Medrop Network.  You are explicitly not permitted to enter into any contract or relationship on behalf of or bind Medrop in any manner, whatsoever.

 

ASSIGNMENT

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Medrop and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use, if some or all of the business of Medrop is transferred to another entity by way of merger, sale of its assets or otherwise.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Without limiting the Disclaimer of Warranties and Limitation of Liability, in no event will our aggregate liability with respect to any claim arising from or relating to this Agreement or your use of the Medrop Pharmacy Services exceed the fees paid by you for the particular information or service provided.