Legal Statement and Terms of Service
Use of this web site and product sales are governed by the laws of the Province of British Columbia, and the laws of Canada applicable therein.
By using this website or purchasing products from Diabetic Online you submit to the laws of British Columbia and Canada and agree that any dispute will be determined in accordance with and by the courts of British Columbia, Canada.
There will be no acceptance of liability for the contents of this website or as it relates to products sold. Our liability for any product which is defective or causes loss or damage of any kind is limited to the cost of the product or what is required to provide a replacement.
You will assume responsibility to ensure that use of this website and the purchase of any products from it comply with the laws in your Province or State of residence. We make no representation or warranty in this regard.
All local taxes, customs duties and other government fees and charges imposed on any products you purchase or on your purchase are your responsibility.
All prescription products are dispensed by an independent pharmacy. Any questions regarding prescription products will be directed to and handled by licensed pharmacists as part of our working agreement with Diabetic Online partner pharmacies.
Prescription products are not eligible for returns or replacement.
Products sold by Diabetic Online may be sourced from outside the USA. This may lead to the packaging being slightly different from that seen in stores in the USA. For example, weights and measurements may be in metric and converting from kilograms and millimeters to pounds and ounces may be required if this is a need for users. The shape, size and colour of the medication may also be different, but the active ingredient will be the same. All instructions for use and safety notices are written in English. Customers agree to accept the products ‘as is’ and objections to this will not factor into business operations at Diabetic Online.
Prices are subject to change without notice.
Patient Agreement
DiabeticOnline.com has an established relationship with a licensed pharmacy in Canada for dispensing of all medications provided through DiabeticOnline.com.
I, as the undersigned, being over the age of 21, hereby enter into this agreement (the ‘Agreement’) with DiabeticOnline.com intending to be legally bound.
Disclosure and Representations
I hereby represent, DiabeticOnline.com, along with each of their constituent entities and all affiliates, associates, related companies, subsidiaries and parent companies and each of their respective directors, officers, shareholders, employees, contractors, successors and assigns (all such persons are hereafter collectively referred to as either ‘diabeticonline.com’ or the ‘diabeticonline.com agents’) that:
1. My delivery of this agreement to DiabeticOnline.com is on account of my wish to place an order with DiabeticOnline.com for certain pharmaceuticals (the ‘order’), on the terms and conditions set out herein
2. The pharmaceutical(s) to be delivered to me in connection with my order (the ‘pharmaceutical(s)’) were prescribed by a doctor licensed to practice medicine in the country, state or other applicable jurisdiction where I reside or where applicable treatment was sought / provided
3. The prescription(s) for the pharmaceutical(s) (the ‘prescription’) was lawfully obtained by me from the physician identified with disclosure 2 above
4. My use of the pharmaceutical(s) will only occur within the accordance given in the instructions provided by the physician who prescribed the pharmaceuticals, as the person for whom such pharmaceutical(s) were prescribed
5. I can make my own medical decisions according to the law of the place where I reside
6. The prescription has not been altered in any way as well as not having been filled prior to it being forwarded to DiabeticOnline.com. I agree to provide my original prescription to DiabeticOnline.com, by courier or by mail in order to have my prescription filled in a manner that is in accordance with federal and provincial laws regulating the dispensing of Rx medication in Canada. I also undertake to immediately destroy all copies of my prescription once it has been filled.
7. I am not seeking or relying on any medical information from DiabeticOnline.com and I have consulted a qualified physician licensed in the jurisdiction where I obtained the prescription within the last year
8. Immediate contact will be made with the physician who wrote the prescription should any unexpected side effects from any of the pharmaceutical(s) occur
9. I understand that it is my responsibility to have regular physical examinations by my primary U.S. licensed physician that is responsible for my care, including all suggested testing to ensure I am without medical conditions or problems that would constitute a contraindication to me taking the pharmaceutical(s) being prescribed; and
10. I acknowledge that DiabeticOnline.com, its employees and agents have relied on the information and documentation that I am providing (including the Order, the Prescription, and the Patient Information Form) and I represent and confirm that all pertinent information and documentation to DiabeticOnline.com has been fully and accurately disclosed. I agree to notify DiabeticOnline.com of any changes to my physical or medical condition by providing an updated Patient Information Form.
Authorization and Consent
11. The authorizations and consents that I am providing herein to DiabeticOnline.com commence on the date I sign this Agreement and will continue until revoked. I understand that only I can revoke the consents and authorizations I have granted at any time, and that this must be done by giving written notice to DiabeticOnline.com of my intentions in that regard.
12. I hereby authorize and appoint DiabeticOnline.com as my agent and attorney for the limited purpose of taking all steps and signing all documents on my behalf necessary to obtain a prescription in the country where the dispensing pharmacy is located that is the equivalent of the prescription that I sent to DiabeticOnline.com (the ‘Equivalent Prescription’) to the same extent that would be possible in person if I were able to be present and taking the actions and signing those documents myself. This authorization shall include, but not be limited to, collecting personal health information about me, collecting similar information from my prescribing physician or pharmacist, and disclosing that personal health information to DiabeticOnline.com, its employees, agents, affiliates and service providers, including without limitation the physician licensed in the country where the dispensing pharmacy is located and any pharmacy or pharmacist being retained by DiabeticOnline.com on my behalf (collectively the ‘DiabeticOnline.com Agents’), as will be necessary for the limited purpose of obtaining the Equivalent Prescription and filling my order.
13. Without limiting anything else herein, I hereby provide my consent to allow any licensed physician retained by DiabeticOnline.com on my behalf to obtain access to my medical history, drug history, contact information and other necessary documentation from a U.S. physician if I am a US resident. I further consent to the physician retained by DiabeticOnline.com on my behalf and my U.S. physician being able to contact one another for discussion related to my medical condition, as it pertains to prescriptions for my pharmaceutical(s). I understand that the reason for this consent is to provide the licensed physician retained on my behalf with the full opportunity to conduct an independent analysis of whether my prescription is appropriate, and discuss any potential medical complications that might arise. I also understand that my medical information will not be used for any other purpose and will be kept in strict confidence. I further agree to regularly visit my U.S. physician and to promptly advise the physician retained by DiabeticOnline.com on my behalf of any change to my medical condition or prescriptions.
14. I hereby specifically acknowledge my being aware that DiabeticOnline.com will be transmitting my personal health information by electronic means (for example fax, secure internet) to its employees, agents, affiliates, and service providers including the physician retained on my behalf. I understand that the use of electronic means will enhance the efficiency and timeliness of processing my order. I also understand that DiabeticOnline.com will be serving as a custodian of my personal health information and will take all appropriate precautions to protect my personal health information from improper disclosure or use. I hereby consent to DiabeticOnline.com's transmission of my personal health information by electronic means.
15. I authorize and appoint DiabeticOnline.com and the DiabeticOnline.com Agents as my agents and attorneys for the purpose of taking all steps and signing all documents on my behalf necessary to have my Pharmaceutical(s) packaged or repackaged and then delivered to me, to the same extent as I could do if I were personally present taking those actions and signing those documents in person.
16. I authorize and appoint DiabeticOnline.com and the DiabeticOnline.com Agents as my agents and attorneys for the purpose of taking all steps and signing all documents on my behalf necessary for shipping my pharmaceutical(s) to me as if I had done so myself.
17. I acknowledge and agree that my consultation with DiabeticOnline.com was initiated myself and that with the exception of the dispensing pharmacy based in Surrey, BC, Canada, neither DiabeticOnline.com nor the DiabeticOnline.com agents that are located in the USA. I also acknowledge that the DiabeticOnline.com agents contracted by DiabeticOnline.com on my behalf are located in Canada or other countries selected by DiabeticOnline.com and that all professional services that I receive from the physicians and pharmacists licensed in Canada or in the other countries are being received in those jurisdictions as the case may be.
18. I consent to and authorize my agreement to receive SMS (text) message notifications related to issues such as order refills and other timely updates as related to customer service. Texting STOP in reply to any of these messages will allow me to opt out of receiving them. Message frequency varies. Message and data rates may apply.
Purchase and Sale Terms
19. DIABETICONLINE.COM will invoice me the following amounts - the pharmaceutical price and shipping charges (in U.S. dollars) as posted on the DIABETICONLINE.COM website on the day DIABETICONLINE.COM receives my order
20. Once purchased and shipped, Returns or exchanges on pharmaceutical products are not possible.
21. Title to my prescribed medications passes from the pharmacy that fills my prescription to me when my medications are shipped.
22. DiabeticOnline.com reserves the right with sole discretion to refuse to assist me in obtaining my order, or any other order. In any such instance I will be entitled to a refund for monies paid for the order(s).
23. Neither DiabeticOnline.com nor the DiabeticOnline.com agents provide their agency or attorney services as a substitute for healthcare or the advice of the customer's primary care physician.
24. I specifically acknowledge and agree that each and every one of these terms and conditions will automatically and without further action by me or DiabeticOnline.com, apply to and govern any future orders I make for pharmaceutical(s) from DiabeticOnline.com unless I specifically indicate otherwise at the time of ordering such pharmaceutical(s). Without limiting the foregoing, each authorization and consent provided by me in this Agreement shall continue until I revoke such authorization or consent (for which I am able to revoke at any time) in accordance with paragraph 11 above.
25. Diabetic Online may occasionally offer customers promotional credits for discounted purchases through our online diabetes medication pharmacy. These credits are typically offered as part of a marketing promotion, but all credits provided to customers will expire after 90 days if those credits are not applied to a purchase during those 90 days. This 90-day validity for promotional credits will not apply to credits provided for order issues, refunds, specific customer service-related credits, or any other case-specific credit for customers. Any questions regarding the validity period for promotional credits given to your account can be directed to our customer service and you will receive clarification in the response(s) provided to you.
26. DiabeticOnline.com may not be able to complete orders based on non-payment, no prescription submitted for order or products being out of stock, and there may also be other reasons why an order cannot be processed or completed. Any order that is incomplete after 120 days from the date placed will be deleted, and store credit will be applied to the customer’s account for orders that have been paid. Users can place a new order at any time along with the necessary information required to process the order. Completed orders that have crossed the 120 days period and are still being processed or the pharmacy is waiting on stock will not be deleted.
Governing Law
27. I specifically acknowledge and agree that any and all agreements reached or contracts formed throughout the course of my purchase of the Pharmaceutical(s) shall be deemed to be made:
(a) in respect of pharmaceuticals that were dispensed in Canada, in the Province of British Columbia, Canada and accordingly shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable to such contracts and agreements; and
28. I specifically acknowledge and agree that any dispute that arises between me and DiabeticOnline.com or any of the DiabeticOnline.com Agents shall:
(a) insofar as such dispute related to DiabeticOnline.com or any of the DiabeticOnline.com Agents located in Canada, being governed by the laws of the Province of British Columbia and the laws of Canada applicable to contracts formed in Manitoba. Further, the courts of the Province of British Columbia shall have sole and exclusive jurisdiction over any such disputes; and
(b) insofar as such dispute relates to any DiabeticOnline.com agents located in a country other than Canada, which dispute shall be governed by the laws of jurisdiction where the DiabeticOnline.com agent is located applicable to contracts formed in that jurisdiction and the courts of that jurisdiction shall have sole and exclusive authority over any such dispute.
Users should contact us if they do not understand these terms of service or require clarification on any matter detailed above in this Legal Statement by sending us an email at info@diabeticonline.com.
I have read and understood the terms and conditions set out in this agreement and agree, on behalf of myself, my heirs, successors, administrators and assigns to be bound by these terms and conditions.
