These terms and conditions (the 'Terms') govern the use of the BuyWell Care program located at care.BuyWell.com and your relationship with BuyWell, its parent company, subsidiaries, affiliates, partners and assigns (collectively “BuyWell” or “Company) and extend to govern the use of its secure website and mobile content (collectively the 'Site(s)').
In these Terms and on the Sites, as applicable, the terms 'You' and 'Your' refer to the user who has registered for and accessed the BuyWell Sites.
BY ACCESSING OR USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS.
1. Use of the Site(s)
BuyWell, authorizes You to use the Sites for convenience and for the purpose of transacting business with BuyWell. BuyWell is an online marketplace for valid medical prescription owners with regulated and licensed producers as defined under the Health Canada Cannabis Act. You acknowledge and agree that at no time is BuyWell purchasing or ordering on your
Account Information, Password, Personal Verification Questions
At a minimum, you agree to:
3. The Program
BuyWell offers a unique program to allow customers to purchase items at significant discount and savings. When you provide BuyWell with your credit card you are purchasing Coverage for your prescription. Any information provided to you through BuyWell’s calculators to calculate savings and ongoing membership is for approximation purposes only and do not represent a formal quote or the ultimate cost of your coverage. At the time of your purchase, the full cost of your coverage on a monthly recurring basis will be calculated and provided to you. You agree for BuyWell to charge your credit card for the cost of Coverage monthly on the 20th day of each and every month, or on the anniversary date of your application and agreement to purchase the coverage.
Certain BuyWell.com policies, including price guarantees, satisfaction guaranteed, shipping and delivery policies, do not apply to medical cannabis coverage through the BuyWell care program and terms of services. The Coverage you are purchasing in provided by Markers Financial and BuyWell is acting as its affiliate.
PAYMENTS: When you make a payment to BuyWell Care, you are strictly purchasing coverage for your prescription which provides you with a discount from BuyWell’s licensed partners listed on the site. At no time, does BuyWell accept payment for the purchase or sale of medical cannabis to You. Our policies may be changed from time to time and changes take effect when we post them on the site. When using our site you are subject to any policies on the site at the current time.
In the event that your prescription changes then the cost of your Coverage may be changed as well. Coverage may be updated on a monthly basis. 100% coverage is only offered for “In-Network” licensed producers available through the BuyWell site. Submissions for coverage from purchases made outside of the BuyWell site will be reimbursed at 50% of the coverage amount.
As a condition of Your use of the Sites, you warrant to BuyWell, that You will not use the Sites for any purpose that is unlawful or prohibited by the Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party's use of the Sites.
All purchases and submissions are subject to review and adjudication. BuyWell and Markers Financial may without notice choose to decline any Coverage request or purchase at any time in their sole discretion by not accepting your payment or by issuing a refund for any payment made at any time, with or without notice to You.
BuyWell and Markers Financial do not make any guarantees about any products or levels of service that you will receive through your selected Licensed Producer. Licensed Producers on the BuyWell Platform act independently of BuyWell and Markers Financial.
Registration for BuyWell Care Coverage grants you an automatic and complimentary enrolment with The International Alternative Health Association (AHA! www.aha.ca). There are no costs fees or obligations to be part of this association. You do however agree that your name email and non-medical information may be shared with them you may receive promotional marketing information from AHA! which can unsubscribe from at any time. AHA! is a registered not for profit entity whose mission is to provide members with complementary information and resources regarding the safe use of medical cannabis and similar products and services.
You agree that you have nominated BuyWell as a transmission service. BuyWell is only transmitting information directly from You to the licensed producer that You choose. BuyWell’s services are that of an internet service provided utility and we do not at any time take control of, possession of, or inventory of any product or services that you may order through the BuyWell Care program. Any transaction made on the site is a transaction between You the patient and the Seller (licensed producer). BuyWell is only an advertising platform where sellers are able to sell their products to patients who have disclosed that meet the legal eligibility requirements for the purchase and consumption of the products being displayed.
You must be of legal age of majority in your province to access the site and partake in the BuyWell Care program.
BuyWell may provide pricing, shipping, listing, and other guidance on our website, such guidance is solely informational and you may decide to follow it or not. BuyWell has no control over and does not guarantee the existence, quality, safety or legality of items advertised, the truth or accuracy of content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
You Agree that in the event where a product has been shipped or a service rendered and payment for such product or service has not been received or charged back you agree that BuyWell shall be entitled to pass your information to collection agencies and seek any other legal remedy to collect any outstanding monies owed including interest, legal and collections costs to recover any outstanding balances.
BuyWell endeavors to provide a great experience and beneficial service. If at any time you are unsatisfied or have any questions you can email customer service at Care @BuyWell.com.
You agree to comply with all security requirements established by BuyWell, from time to time in connection with the use of the Sites and not disable or bypass any security features. Unauthorized attempts to circumvent security features, to use the Sites for purposes other than its intended purposes or to obtain, alter, damage or destroy information or otherwise interfere with the operation of the Sites are not permitted and any evidence of such acts may be disclosed to law enforcement authorities and result in criminal prosecution.
5. Communications by Electronic Means
You consent to engage in electronic communications with BuyWell, including but not limited to fax, online and/or electronic mail or by other electronic means at such numbers or addresses You provide to BuyWell, and that all contracts, notices, disclosures, and other communications that BuyWell, provides to You electronically satisfy any legal requirement that such communications be in writing.
BuyWell, will not be responsible or liable for any loss or damages You may incur if You communicate confidential or other personal information to BuyWell by any means or if BuyWell communicates such information to You by these means at Your request or as a reply to a communication sent by You over the same channel. BuyWell may verify communications or the source of the communications before it accepts them, but it is not obligated to do so.
7. Collection of Information
8. Disclaimer and Limitation of Liability
You agree and acknowledge that complete privacy, confidentiality
You waive all rights that You may have to hold BuyWell responsible for in connection with any other use of the Site(s).
Based on the emerging nature of internet transactions and related technology, you agree that these limitations of liability are fair and reasonable and that BuyWell would not have permitted access to or use of the Sites by You if not for Your agreement with the liability limitations and disclaimers set out herein. The aforesaid notwithstanding in no event will BuyWell be liable to You or any third party for any reason whatsoever any amount greater than the fees collected by BuyWell from you in the 3-month period proceeding the incident which lead to such liability.
The services described, and the information provided, on the Sites may not be available in all regions of Canada, or to persons who are located in jurisdictions outside Canada. BuyWell services are only available in jurisdictions where they may be legally provided. The Sites are located in Canada and nothing in the Sites constitutes an offer or solicitation to anyone in any jurisdiction in which the content or operation of the Sites is not permitted by law.
The information on the Sites is not intended to provide You with any financial, investment, legal, tax, commercial, deposit, or other advice, and You shall not rely upon Sites for that advice.
You agree to indemnify BuyWell and hold BuyWell harmless from and against any and all claims made by any person arising in connection with Your violation of these Terms.
In the absence of valid evidence of inaccuracy in BuyWell records, your account
12. Termination, Suspension or Inability to Access
BuyWell reserves the right, in its sole discretion, to terminate Your access to the Sites or any portion thereof at any time, without notice. BuyWell reserves the right to terminate any or all of the services provided in connection with the Sites at any time without notice to You. BuyWell will have no liability for any damage that may arise as a result of such cancellation.
Any or all of the services available to You through the Sites may periodically be unavailable to You in order to allow for maintenance, updates or other reasonable causes, including causes beyond BuyWell’s control.
You may, as an alternative to utilizing the Sites, access, conduct or cause to be conducted transactions on Your account(s) by telephone, fax or mail, as appropriate, during normal weekday business hours or at any other time these services are made available under Your plan(s).
13. Governing Law
The Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.