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Policies - Terms of Use and Sale

Last Updated on: 2025-03-04

Overview

Terms of Use and Sale

DO NOT USE THIS WEBSITE IN THE EVENT OF AN EMERGENCY. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL.

These Terms of Use and Sale (the “Terms”) govern your use of the www.glissRX.com website, including all adjunct web pages operated by Pure Pharmacies General Partnership (“Pure,” “we,” “our” or “us”) (collectively the “Website”), any services offered through the Website, and/or any purchase of goods through the Website. By accessing the Website, the individual using the Website (“you” or a “user”) agree to be bound by these Terms whether or not you have read them. If you do not agree to these Terms, do not use the Website, the Services, or proceed with your order. Please print and retain a copy of these Terms for your records.

The Website and Services (hereinafter, collectively referred to as the “Platform”) are only available for use by residents of Canada and the United States. Pure only delivers Orders to those geographic areas specified on the Platform from time to time.

PLEASE READ THESE TERMS CAREFULLY

1. PLATFORM AND SERVICES

1.1. Services

Through the Platform, users can (a) access information on healthcare and wellness-related topics (the “Content”); (b) communicate with their healthcare practitioner (each, a “Practitioner”) and/or receive product recommendations from their Practitioner via the in-Platform messaging and email system; (c) access select online pharmacy services; (d) purchase over-the-counter medications and other health and wellness products; (e) keep a record of medical information inputted into the Platform; and (f) access other features as may be provided from time to time (collectively, the “Services”). Available Services may differ depending on the jurisdiction in which you reside.

1.2. No Medical Advice

PURE DOES NOT PROVIDE MEDICAL ADVICE, CARE, AND/OR TREATMENT THROUGH THE PLATFORM. Control over medical advice, care, and/or treatment provided to a user is the sole responsibility of their Practitioners. Users should contact their Practitioners directly for all questions concerning their medical care. Practitioners are independent of Pure and you acknowledge that Pure: (a) does not recommend or endorse any Practitioner; (b) makes no representations or warranties regarding the qualifications of any Practitioner; and (c) accepts no responsibility for the content of any advice and/or other communication between you and your Practitioners. It is the responsibility of each user to assess the qualifications of and select their Practitioners.

Online communications are not intended to replace in-person or other medical assessments. Certain conditions or questions may require in-person assessment. You acknowledge the potential risks associated with using the using the Platform.

1.3. Product Recommendations

Practitioners may use the Platform to recommend over-the-counter or other products to their patients via their online dispensary. Users may then sign up for an account on the Platform, or log into an existing account, and purchase any such recommended product(s). Practitioners may receive a commission based on sales of products they recommend. It is the responsibility of users to discuss any recommended products and their suitability with their Practitioner. By purchasing over-the-counter medications and/or other products available on the Platform, you agree that you are solely responsible for ensuring they are appropriate for your use and that you are using them in accordance with the product instructions.

1.4. Filling a Prescription

Prescriptions cannot be filled or paid for directly through the Platform. Prescriptions issued from a Practitioner may be filled through an affiliated Pure Integrative Pharmacy, or at a licensed pharmacy of your choice depending on availability. In either case, the Practitioner may use the Platform to send the prescription to your selected pharmacy, or the Practitioner may provide a hard copy to you. When a prescription is sent through the Platform, the selected pharmacy must follow up with you to finalize dispensing of the medication. You hereby consent to us disclosing to your selected pharmacy all information provided by you, health care records, and other applicable health care information and personal information as necessary so that you may receive their pharmacy services. It is your responsibility to pick up or otherwise collect any filled prescriptions from your selected pharmacy directly, and any arrangements for such pick-up or delivery must be made with the pharmacy. Pure accepts no responsibility for disputes or other issues arising between a user and a pharmacy.

1.5. Refills

You may elect to receive notifications regarding refills of over-the-counter medications or wellness products. You may choose to refill such products through the Platform, or elsewhere. Prescription refills must be dealt with directly through your Practitioner and/or pharmacy. We are not responsible for missed refills of any kind.

1.6. Disclaimer

The information provided through the Platform, including the Content, is intended for informational purposes only and is not exhaustive. We make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. Always obtain advice from a licensed healthcare provider regarding any questions you may have about the Content or other information obtained through the Platform, and before embarking on any new treatment. The Platform does not replace professional medical diagnosis, treatment, or advice. The Platform may not be appropriate for all medical conditions or questions and does not replace your relationship with a physician or any professional medical diagnosis, treatment, or advice. We are not responsible for misdiagnoses or adverse effects arising from incomplete or inaccurate information provided by you to a Practitioner, information provided to you by a Practitioner, or otherwise from your use of the Platform.

Pure’s role is limited to making the Platform available to you and Pure does not directly provide any medical advice or services. Until and unless you engage a Pure Integrative Pharmacy to fill a prescription, there shall be no pharmacist-patient or similar relationship between Pure and you. We are not liable to you for any pharmacy services provided by unaffiliated pharmacies or any services provided by a Practitioner.

1.7. Eligibility

To use the Platform, you must reside in a jurisdiction in which we operate and must agree to be bound by these Terms. In addition, if you are under the age of majority in the jurisdiction where you reside, you may use the Platform only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Platform by children, minors, and others under your care or with access to computers and/or other electronic devices used to access the Platform. You agree to be responsible for their use of the Platform, whether or not such use is in conjunction with your personal account login.

Additionally, you are fully responsible for:

(a) the online conduct of an authorized minor;

(b) controlling the authorized minor's access to and use of the Platform;

(c) the consequences of any misuse of the Platform by the authorized minor; and

(d) any purchases made by the authorized minor.

By using the Platform, you confirm that you are of the age of majority and have the capacity to enter into binding agreements or are doing so under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You acknowledge that satisfying these requirements does not guarantee that you will be able to access the Platform.

2. TERMS OF USE

2.1. Registration, Personal Identification Numbers, and Passwords

Using the Platform and related features may require account registration. You agree to provide accurate and current information as required by the relevant registration process, and to update the information as necessary in a timely way to ensure that it is kept accurate and complete. During registration you will be asked to choose a unique login username and password. You agree to be responsible for:

(a) maintaining the confidentiality of any personal login username or password identifiers which you choose or are assigned as a result of any registration over the Platform;

(b) all activities that occur under such username or password identifiers; and,

(c) notifying Pure of any unauthorized use of your personal username or password identifiers.

Users are liable for all orders placed and other activity conducted under their personal login username. Pure shall not be responsible or liable in any way for any loss or damage arising from your failure to comply with these responsibilities.

2.2. Use of the Platform

As a condition of your use of the Platform, you warrant to Pure that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the Platform in any manner which could damage, disable, overburden or impair the Platform or interfere with any other party's use and/or enjoyment of the Platform. You may not post, upload, or otherwise transmit content to the Platform that:

(a) is discriminatory, defamatory, obscene, abusive, or otherwise offensive;

(b) violates any applicable laws or regulations;

(c) infringes upon any intellectual property or privacy rights of any person or entity;

(d) contains any malware, viruses, or other harmful software;

(e) is intended to deceive others, including impersonating any individual or entity or misrepresenting your identity or qualifications; or,

(f) includes unauthorized advertising, spam, phishing, or other forms of unsolicited promotions.

We reserve the right, but not the obligation, to monitor, review, remove, or refuse any user-generated content at our sole discretion and without prior notice. You are solely responsible for the content you upload to the Platform and any consequences arising from it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.

2.3. Privacy

Pure’s personal information practices concerning the Platform, including the collection, use and/or disclosure of your personal information, personal health information, and/or financial information, are governed by Pure’s Privacy Policy. Please review the privacy policy and print a copy for your records.

2.4. Copyright and Trademark Notices

You may not modify, copy, distribute, transmit, display, perform, produce, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, images, media, information, software, products or services obtained from the Platform. You shall use your best efforts to stop any such copying or distribution immediately after such use becomes known to you and you must promptly notify Pure thereof.

All Platform design, text, graphics, interfaces and selection arrangements thereof are copyrighted by Pure. All rights reserved. Permission is granted to electronically copy and to print hard copy portions of the Platform, including these Terms, for the sole purpose of personal and non-commercial future reference. Any other use of materials on or obtained from the Platform, including production or reproduction for purposes other than those stated above, modification, distribution, or republication, without the prior written consent by Pure is strictly prohibited. You agree that Pure and its affiliates and suppliers retain all proprietary right, title and interest including copyright, in the materials, including but not limited to text, images, graphics and other multimedia data on the Platform.

2.5. Third-Party Services and Websites

Certain aspects of Pure's online shopping services are provided by a third party, Moneris Solutions (“Moneris”). By making a purchase through the Platform, you may be required to provide personal information to Moneris. Moneris will maintain ownership over this data. You agree that Pure may disclose or allow Moneris access to your personal information to the extent required for providing the Platform. Moneris will protect your personal information according to their privacy policy. Pure is not responsible or liable, either directly or indirectly, for any damage or loss suffered by you which is caused or alleged to be caused by or in connection with Moneris, its privacy policy, or how it collects, uses or discloses personal information and data.

The Platform may contain hyperlinks to website operated by third parties. Such hyperlinks are provided for convenience only and do not imply endorsement of the linked site. Pure makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Platform, or web sites linking to the Platform. You agree that Pure is not liable for any damages of any kind for any reason arising out of, or related to, the use of any other website as a result of following links or hyperlinks from, or through, the Platform.

2.6. Cookies

The Platform uses two types of "cookies": a "session cookie" and a second which allows us to "set" a cookie. A session cookie resides in memory and persists only as long as the browser is open. This cookie holds only the information that is uniquely generated when you log on to the Platform and persists only as long as your browser is open. Upon your departure from the Platform and closure of your browser, the information in the session cookie is removed from memory. The Platform will also set a temporary cookie to remember your first name so that your subsequent visits are personalized, but you will still be required to enter your username and password each visit in order to access your account. In order for certain Platform features to function, you must enable the session cookies setting on your browser.

2.7. Google Analytics

Pure uses re-marketing with Google Analytics to advertise online. Third-party vendors, including Google, may show Pure advertisements on sites across the Internet. Pure and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve advertisements based on someone's past visits to the Platform. Pure uses data from Google's Interest-based advertising (such as age, gender, and interests) with Google Analytics to identify trends and to better serve the needs of Pure business and customers. No information that identifies you as an individual is collected by Pure through Google Analytics, and you will not be directly contacted by Pure based on your visit to the Platform without your prior consent. You can opt-out of Google Analytics for Display Advertising, customize Google Display Network advertisements and customize the information that Google tracks by visiting their currently available opt-outs for the web at: http://www.google.com/settings/ads.

2.8. Reliance

The information, software, products and Services included in or available through the Platform may include inaccuracies or typographical errors. Changes are periodically incorporated to the information on the Platform. Pure may make improvements and/or changes to the Platform at any time. You hereby acknowledge that any reliance upon any materials, information, and advice on the Platform shall be at your sole risk. Pure reserves the right in its sole discretion and without any obligation, to make changes to, improvements to, or correct any errors or admissions in any portion of the Services, products, materials or information provided on the Platform. Advice received via the Platform should not be relied upon for any personal, nutritional, medical, business, technical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your specific situation.

2.9. Monitoring

You agree that Pure has the right to monitor the Platform or any Content, products or Services available thereon from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Platform properly, or to protect itself or its users in accordance with the Pure Privacy Policy.

2.10. Termination of Use

Pure reserves the right in its sole discretion to terminate your access to any or all of the Platform or any portion thereof at any time without any notice. Pure may, at its absolute discretion, suspend or terminate the ability of any user to purchase products through the Platform for any reason whatsoever.

2.11. Compliance with Applicable Laws

Pure reserves the right to change, amend, alter, enhance or remove any and all parts, information provided to or gathered by Pure, in order to abide by, or conform to, or comply with governmental, court and law enforcement requests or requirements relating to any aspect, including your use, of the Platform.

2.12. Disclaimers of Warranties

You expressly agree that use of the Platform is at your sole risk. The Platform is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable laws, Pure disclaims all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose and non-infringement), relating to the Platform, or any content, information or goods accessed, offered, purchased or sold through the Platform or their use, suitability or availability or any transaction conducted on the Platform, whether arising from statute, course of dealing, usage of trade or otherwise. Pure makes no representations or warranties and provides no representations or warranties in connection with the Platform or any content, information or goods or Services accessed or offered through the Platform or their use.

Product descriptions, representations, warranties, guarantees and performance claims are provided by Pure vendors and are not independently verified by Pure. The accuracy of such representations is the sole responsibility of the vendors. While the Platform attempts to be accurate in its product and Service descriptions, Pure does not represent or warrant that such descriptions or other content on the Platform is accurate, complete, reliable, current, or error-free. Certain goods offered on the Platform may have warranties that apply to them if noted on the applicable product page of the Platform. These warranties are provided by the manufacturer of these products and not by Pure.

3. TERMS OF SALE

3.1. Ordering Process

All advertisements on the Platform are invitations to purchase and are not offers to sell. Pure reserves the right, at its sole discretion, to accept or reject the order once you have completed and submitted your order.

You will receive online confirmation that your order of products (each, an “Order”) has been received by Pure after you submit your Order on the Platform. This online confirmation that your Order has been received by Pure does not constitute acceptance of your Order. Rather, the confirmation of acceptance, rejection or cancellation of your Order will be delivered via an automatic e-mail to the e-mail address associated with your account.

3.2. Rejection or Cancellation of Orders

There may be certain Orders that Pure must reject before acceptance or cancel after acceptance. Pure reserves the right at any time after receipt of your Order to accept or reject your Order for any reason and Pure will contact you at the e-mail address provided in the order form of its decision to accept or reject your Order. In the event that Pure rejects your Order, Pure will have no obligation to fulfill your Order and you will have no obligation to pay Pure for the Order. Pure also reserves the right, at its sole discretion, to cancel any Order after acceptance for any reason. Some situations that may result in your Order being rejected or cancelled include, without limitation:

(a) Limitations on product quantities available for purchase;

(b) Inaccuracies or errors in published product or pricing information;

(c) A product recall on the item that you have ordered; or

(d) Problems identified by Pure's credit and fraud avoidance department.

Pure may also require additional verifications or information from you before accepting any Order. Pure will contact you if all or any portion of your Order is rejected after your Order has been placed but before it is accepted by Pure or if additional information is required to accept your Order.

3.3. Availability and Limitation of Products

The purchase of products on the Platform is subject to availability. In the event that Pure advises you that any products are no longer available, Pure will have no obligation to provide such products and you will have no obligation to pay Pure for such products.

3.4. Price

If Pure changes its price between the time you place your Order and when your item is available for delivery, you will be charged the price in effect at the time your Order is processed. Taxes will apply as of the date of delivery.

By confirming your purchase at the end of the check-out process, you agree to pay Pure the amount set out as the Order total in the Confirm Order and Shipping Address section of the checkout process, subject to adjustment as described in these Terms (the “Purchase Price”). At the time of your Order the Order total will exclude items sold by weight, which amounts will be added to the Order total when the Order is completed. The Order total is quoted in Canadian dollars and includes delivery fees (if applicable), and an estimate of all applicable taxes. The Purchase Price will be charged by Pure in Canadian dollars to your selected payment method.

In the event that an item is listed at an incorrect price due to an error in pricing, Pure will have the right, at Pure's sole discretion, to reject or cancel any Orders placed for that item. In the event that an item is mispriced, Pure may, at its discretion, either contact you for instructions or cancel your Order and notify you of such cancellation.

3.5. Quantity Limits and Dealer Sales

Pure reserves the right, at its sole discretion, to not sell or to limit the quantity of items ordered per person, per household or per transaction. These restrictions may be applicable to Orders placed by the same account, the same Payment Method, and also to Orders that use the same billing and/or shipping address. Pure will provide notification to you should such limits be applied at the time of the Order or upon delivery. Pure also reserves the right, at its sole discretion, to prohibit Orders by dealers or resellers. Unless otherwise agreed, customers may not order products online for resale. For purposes of these Terms, reselling is defined as purchasing or intending to purchase any product(s) from the Platform for the purpose of engaging in a commercial sale of that same product(s) to a third party. Any funds remitted by you for a cancelled Order will be fully refunded in the same form as paid.

3.6. Method of Payment

You may pay for your purchase using VISA, MasterCard or American Express cards (each a “Payment Method”) and you authorize Pure to charge the Purchase Price to the applicable Payment Method. By making a purchase, or by storing Payment Method credentials on the Pure secure site, you represent and warrant that you are the account holder of the applicable Payment Method or are authorized by the account holder to perform a transaction. Your Payment Method will be charged after you initiate a transaction and upon Pure finalizing your Order prior to delivery. If your Payment Method is declined by your Payment Method provider, Pure will contact you to discuss alternative payment arrangements and if delivery has already taken place, Pure may periodically re-submit your Payment Method details to your Payment Method provider for full or partial payment until such time as the amount of your Order is paid in full. Additional fees may be incurred if payment is declined and alternative payment arrangements are required. If your Payment Method is rejected by the Payment Method provider and alternate payment arrangements are unsuccessful, your Order will not be prepared for delivery. Pure will have no obligation to fulfill your Order and you will be advised by email that your Order will not be filled.

All billing and registration information provided by you to Pure must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may give rise to legal recourse against you.

You are solely responsible for the unauthorized use of your Payment Method and for unauthorized charges made on your Payment Methods, although major bank credit cards may cover you for unauthorized charges and they may charge you a deductible. It is recommended that you check with the institution that issued your card to find out exactly what your liability is.

3.7. Passwords

You are responsible for the security of your account and password. Pure shall not be liable to you or any other person for any damages or expenses arising out of or relating to any unauthorized use of your account or password.

3.8. Changes to the Terms

The Terms applicable to your Order are the Terms in effect on the date that you place your Order. Pure may modify these Terms from time to time in accordance with applicable laws. Any such modification will apply to any Order placed after the effective date of the modification. Therefore, each time you place an Order with Pure you represent that you have accessed, read and accepted the Terms applicable to and governing that Order.

3.9. Terms Applicable to Specific Products or Services

Certain products sold by Pure are subject to environmental handling, recycling, or disposal fees. These fees vary by product and by jurisdiction. The fees are collected and remitted by Pure to environmental management programs implemented in various provinces, and are used to cover costs of recycling, collection, handling, transportation and disposal of products. For more information on individual programs, please visit the website of the environmental management program(s) or government agencies in your area.

3.10. Stored Payment Method Credentials

Your Payment Method information may be entered each time you make a purchase or you may choose to store your Payment Method details for future transactions. If you choose to store your Payment Method details for future transactions you hereby consent to Pure collecting, retaining and using your Payment Method details for your future transactions.

4. ADDITONAL PRACTITIONER TERMS

The terms in this section apply to Practitioners using the Platform. By using the Platform as a Practitioner, you agree to abide by these Practitioner-specific terms (the “Practitioner Terms”), in addition to all other provisions contained in these Terms. In the event of any conflict between the Practitioner Terms and any other provision of these Terms, the Practitioner Terms shall govern.

4.1. Practitioner Requirements

By registering for or using the Platform as a Practitioner, you confirm and represent that you are a licensed healthcare practitioner in good standing and are authorized to provide medical advice in your jurisdiction, and in any other jurisdiction as required to advise your patients. You further confirm and agree that you will retain such licensure and authorization for as long as you continue to use the Platform. If at any time your license or authorization expires or is terminated, you must immediately cease use of the Platform as a Practitioner. You agree to comply with all laws, regulations, standards, and rules applicable to you as a Practitioner or otherwise, including all laws and regulations regarding the provision of electronic medical services and/or telehealth services.

4.2. Practitioner Services

Through the Platform, Practitioners can (i) communicate with their existing patients via the Platform’s messaging system; (ii) recommend to patients and access distribution services for over-the-counter medications and other health and wellness products; (iii) send prescriptions to pharmacies of their patient’s choice for fulfilment; and, (v) document and retain records related to their practice (collectively, the “Practitioner Services”). Available Practitioner Services may differ depending on the jurisdiction in which you practice.

4.3. Practitioner Responsibilities

You acknowledge that your relationship with Platform users is directly between you and such users and that any patients with whom you have dealings involving the Platform are your patients. As a Practitioner using the Platform, you are solely responsible for your use of the Platform and the provision of medical services to your patients, including but not limited to:

(a) Ensuring that your use of the Platform complies will all applicable laws, regulations, standards, and rules in your jurisdiction;

(b) Ensuring use of the Platform is suitable for each patient and, as necessary, advising patients that the Platform may not be an adequate substitute for other forms of assessment and communication;

(c) The accuracy and appropriateness of all product recommendations and other communications made to patients via the Platform;

(d) Protecting patient information in compliance with applicable privacy and data protection laws and other relevant regulations; and

(e) All advice, recommendations, and other services provided to patients via the Platform or otherwise.

In addition, you are prohibited from using the Platform for:

(f) Providing false or misleading information to patients;

(g) Violating any laws, regulations, or standards applicable to your practice; and

(h) Promoting products or services that are not evidence-based or approved in your jurisdiction or the jurisdiction of your patients.

4.4. Platform Responsibilities

Pure’s role is limited to making the Platform available to users and Practitioners. Pure does not directly provide any medical advice or services through the Platform, nor does Pure interfere with your professional judgment. Pure assumes no liability for:

(a) The accuracy, legality, or completeness of any communication, advice, or recommendation you provide;

(b) Any adverse outcomes or patient dissatisfaction arising from your advice or practice; and

(c) The effectiveness, safety, or suitability of any product you recommend through the Platform.

Pure reserves the right to suspend or terminate your access to the Platform at any time and for any reason, including but not limited to your breach of these Terms or misuse of the Platform.

4.5. Commission Program

You may be eligible to receive a commission from the sale of products sold through your online dispensary within the Platform. You may have the option to allocate part or all of your commission margin on any given product as a discount on the purchase price of that product to a patient. Any such allocation shall directly reduce the commission amount you would receive on that sale by an equivalent amount. Any commission payments you are eligible for shall be issued to the account you provide within thirty-five (35) days of the transaction date of the associated sale. You are solely responsible for any and all payments, assessments, and remittances payable under any statutes in Canada, federal and provincial, including without limitation the Income Tax Act (Canada), the Excise Tax Act (Canada) and the Canada Pension Plan, or as otherwise applicable to you, in respect of any payment received from Pure hereunder.

You acknowledge and agree that it is solely your responsibility to ensure that any commission payments you receive or discounts you offer comply with your professional responsibilities, ethical standards, and any applicable laws or regulations governing your practice. By participating in the commission program, you agree to disclose the existence of any financial benefit you may receive to your patients, as required by applicable laws or professional guidelines. Pure is not responsible for ensuring your compliance with your professional or legal obligations. Any disputes or regulatory issues related to the receipt of commissions are solely your responsibility and you agree Pure accepts no liability for same.

4.6. Indemnity and Limitation of Liability

You hereby agree to indemnify and hold harmless Pure, its representatives, agents, heirs, executors, administrators or any other person acting on its behalf from and against any and all actions, losses, claims, debts, duties, agreements, contracts, damages, liabilities, suits, proceedings, accounts, costs, expenses, losses and demands of every nature and description, based upon, relating to or otherwise arising in respect of your use of the Platform, including but not limited to (a) any breach of these Terms, including but not limited to the Practitioner Terms, by you or your representatives, or (b) the acts or omissions of you or your representatives, including but not limited to negligence, willful misconduct, malpractice, breach of privacy, or bad faith.

In case Pure, without fault on its part, is made a party to litigation begun by or against you, you will protect and hold Pure harmless and will pay all reasonable costs, expenses and legal fees actually incurred or paid by Pure in connection with such litigation.

Pure shall have no liability to you regarding any amounts owed to you by any patient or other user of the Platform.

4.7. Status of Practitioner

It is expressly agreed that nothing contained in these Terms or elsewhere will be regarded or construed as creating any relationship (whether by way of employment, contractor, partnership, joint venture, or agency relationship) between Pure and any Practitioner. You acknowledge and agree that you shall have no power to legally bind, obligate or otherwise contract on behalf of Pure.

5. GENERAL

5.1. Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall Pure, its partners, employees, affiliates or suppliers be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including damages for personal injury, death, damage to property, loss of use, data or profits) to you including for damages arising in connection with or relating in any manner whatsoever to:

(a) the use or performance of the Platform, the delay or inability to use the Platform, the provision of or failure to provide Services, loss of data or records, or for any information, Content, software, products, Services and related graphics obtained through the Platform, or otherwise arising out of the use of any website, whether linked to the Platform or not;

(b) any Content, information, goods or Services accessed, offered, purchased or sold through the Platform or their use, suitability or availability (including the inability to use);

(c) any transaction conducted on the Platform;

(d) any unauthorized access to or alteration of your data; and

(e) any decisions made based on the information, advice, or recommendations provided by Practitioners, any reliance on information in the Content or otherwise on the Platform, or for any adverse effects resulting from the use of medications;

whether based on contract, tort, negligence, strict liability, or otherwise, even if Pure or any of its affiliates or suppliers have been advised of the possibility of damages.

If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Pure for damages of any nature suffered by you shall in no event exceed the Purchase Price of the relevant transaction.

The above exclusion and limitation of liability shall apply whether or not a claim is in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if Pure had been advised or had reasons to know of the possibility of such damages. 

In this paragraph 5.1., reference to “Pure” means Pure and its affiliates and their respective officers, directors, employees, contractors and agents.
Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you. This paragraph 5.1. shall apply to you to the maximum extent permitted by applicable laws.

5.2. Disclaimer of Liability

The information, Content, Services, transactions, products and materials contained in or made available through the Platform, including, without limitation, text, graphics and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, Pure disclaims all representations and warranties, express or implied, with respect to such information, Content, Services, products and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, quality, quantity, title, non-infringement, freedom from computer virus and implied warranties arising from a course of dealing or course of performance. In addition, Pure does not represent or warrant that the information accessible via the Platform is accurate, complete and current. Price and availability information is subject to change without notice.

The Platform may obtain items, photographs, nutritional information and ingredients from Pure’s suppliers. This sometimes includes taking the information directly from the items. Pure does not investigate to determine if the information in regards to any item is accurate, nor does Pure provide assurance that all data entry was done without error. If manufacturers or suppliers change ingredients or nutritional information, Pure cannot assure you that the information will be updated. Accordingly, the information displayed on the Platform is not guaranteed to be 100% accurate and the actual physical items should be considered the authoritative source.

Pure does not test or check any recipes, ingredients etc. provided by other users of the Platform for quality, quantity, ingredients, materials, temperatures or times. You hereby agree that any use by you, of any information from the Platform is solely at your risk.

5.3. Governing Law

The Platform originates in Canada. To the maximum extent permitted by law, these Terms are governed by the laws of the Province of British Columbia, Canada and you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of the Province of British Columbia in all disputes arising out of or relating to the use of, the Platform or transactions concluded hereunder. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, without limitation, this paragraph.

You agree that no joint venture, partnership, employment or agency relationship exists or is created between you and Pure as a result of these Terms and/or use of, or transactions concluded through the Platform. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

5.4. Warranties

You expressly acknowledge that:

(a) it is your responsibility to satisfy yourself that the products and Services purchased and/or accessed through the Platform are fit and suitable for the purpose for which they are required;

(b) it is your responsibility to use all requisite care and skill when handling and using any products and further for ensuring that the products are not put to any use for which they are not suitable;

(c) you do not rely on any representation or statement made by or on behalf of Pure, or any other party, other than the express provisions of these Terms; and

(d) Pure assumes no obligation or liability for any advice or information provided through the Platform and you accept and use the products and Services entirely at your own risk.

All representations, terms, warranties, guarantees, or conditions whether express or implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions or merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded and expressly negated to the fullest extent permitted by law.

5.5. Force Majeure

Pure shall not be liable to you or any other party claiming through you in respect of anything which, apart from this provision may constitute a breach of these terms and conditions arising by reasons of force majeure, namely, circumstances beyond the control of Pure which prevents or limits Pure from its obligations pursuant to this agreement. Circumstances which constitute force majeure shall include (but are not limited to) acts of god, fire, flood, earthquake, explosion, sabotage, accident, embargo, strikes or other labour disputes, riot, civil commotion, computer virus, breakdown of equipment, public health emergency, and failure of electrical supply or telecommunications links.

5.6. Indemnity

You shall indemnify and hold harmless Pure, its affiliates and suppliers against any claim, damages, loss, liability or expense, including attorney's fees, arising out of your use of the Platform, its content or the unauthorized use of your account or password, in any way contrary to these Terms, or contrary to any applicable law. When paying by Payment Method, you agree to indemnify Pure against any default by your Payment Method provider to make payment to Pure in full.

5.7. Other

(a) These Terms together with the transactional information relating thereto and the Pure Privacy Policy constitute the entire agreement between you and Pure pertaining to your use of the Platform and the goods sold through the Platform (the "Agreement") and supersede any prior agreements between you and Pure.

(b) Failure of Pure to insist upon or enforce strict performance of any right or provision of the Agreement shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein.

(c) If you are dissatisfied with any portion of the Platform, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Platform.

(d) You may not assign these Terms to any third party without the prior written consent of Pure. These Terms will be binding upon and will enure to the benefit of: (i) you and any of your heirs, executors, administrators or other legal representatives; and (ii) Pure, its general partners and their successors and assigns.

(e) It is the express wish of the parties that these Terms and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

(f) You may contact Pure at:

Contact
Email:support@glissRX.com
Website:www.glissrx.com
Phone:604-914-5477
Mail:glissRX fulfillment center
Address1285 Hornby St, Level 2; Vancouver, BC; V6Z 1W4

(g) By accepting these Terms and by continuing the use of the Platform, you represent and warrant that you are of the age of majority in your jurisdiction. If you are not of the age of majority, you may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual under the age of majority, be advised that you are fully responsible for his or her use of the Platform, including all financial charges and legal liability that they may incur.

(h) The captions appearing in these Terms and the descriptions of the different divisions have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope of meaning of these Terms or any provisions hereof. Despite using captions or divisions, these Terms are to be read in its entirety and apply to all uses of the Platform and the transactions concluded thereunder without segregation or restriction.

Rev. December 2024