TERMS OF SERVICE

Last revised: May 1, 2025

The following Terms of Service (these "Terms") govern your access to and use of the ACS 247 Ltd. ("ACS") branded Program (as that term is defined below). In consideration of your right to access and use the Program, you accept and agree to these Terms, without variation.

IMPORTANT! YOUR ACCESS TO THE PROGRAM IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING AND USING THE PROGRAM IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE PROGRAM.

As used in these Terms, "you", "me" or "I" means (and "your" or "my" refers to) the Program User (as that term is defined below), a user of our Website (as that term is defined below) or our services (including, but not limited to, legal guardians, parents, caregivers or legal representatives of a Program User, in all cases acting on behalf of a Program User, as such Program User's duly authorized legal representative, for purposes of such Program User assessing and using the Program (as that term is defined below) and fulfilling such Program User's obligations pursuant to these Terms), "we" means (and "us", "us", and "ours" refer to) ACS, and "Program" means ACS's health service administration platform and its branded programs (including, but not limited to, (ACS 247, ACS247), of which you have requested services. Each branded Program of ACS provides independent Prescribers (as that term is defined below) and Program Users an opportunity to access our network of service providers. The Program uses electronic methods, a network of service providers (each, an "NSP"), and advisors (individually, an "Advisor"), to facilitate obtaining new and ongoing Treatment Plan(s) (as that term is defined below) and related health services and prescription or non-prescription products ("Products") which are exclusive to individuals accepted for enrollment as members of the Program pursuant to the terms and provisions of these Terms (each, a "Program User").

You can view, print, download or save these Terms at any time, under the "Terms of Service" link that appears on the website located at https://www.acs247.com (the "Website"). We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to log in to your Account (as defined below), access or use the Program or any component of it after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Program and request that we close your profile or account or cancel your enrollment.

The Program enables Program Users to receive access to our NSPs, which include, but are not limited to, individual:
  • Prescribers (each, a "Prescriber") who are authorized to issue Treatment Plans for the Program User, which may contain a written direction directing that a stated amount of a drug be dispensed (a "Prescription") or non-prescription goods;
  • Other providers of health care or related services; and
  • Pharmacists or pharmacies.
Further, through the Program, you can access several services from us or NSPs (as the case may be), including:
  • Information about your Treatment Plan;
  • All-inclusive pricing for your Treatment Plan;
  • Telecommunication technology to access NSPs and/or to manage Treatment Plans;
  • The gathering of health care records and health care information with retention of the same for use in NSP appointments, communications, telemedicine (as that term is defined below) and pharmacy services;
  • Administrative support in connection with service requests, scheduling and payment for NSP services;
  • An electronic clinical or therapeutic review (collectively referred to as the "telemedicine") to approve, review, renew, or issue a desired Treatment Plan;
  • Access to delivery of Products, including tracking, as made available by NSPs;
  • Automated status updates and refill reminders for Treatment Plans;
  • Enrollment in the Program on a continuous basis, but subject to free cancellation; and
  • The ability to self-monitor and adjust Treatment Plan subscriptions, from time to time.

We can help you procure or arrange the delivery of telehealth services or Products provided or sold by NSPs (which, collectively, form part of your "Treatment Plan"), on your behalf.

THE PROGRAM DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911.

ACS IS A HEALTH SERVICE ADMINISTRATOR. ACS DOES NOT ITSELF PROVIDE ANY MEDICAL OR PHARMACY PRODUCTS OR SERVICES. WE ARE NOT A PHARMACY, DRUG MANUFACTURER, INSURANCE PROVIDER, NOR A PHYSICIAN. REQUEST FOR SERVICE OR PAYMENT FOR A TREATMENT PLAN DOES NOT GUARANTEE THAT A NSP WILL APPROVE YOU FOR ANY PARTICULAR PRODUCTS OR SERVICES. IF YOU CHOOSE TO ORDER PRODUCT FOR IMPORTATION YOU DO SO AT YOUR OWN RISK. EACH NSP IS SOLELY RESPONSIBLE FOR THE QUALITY OF GOODS AND THEIR SERVICES. WE DO NOT SHIP, DELIVER, OR PROVIDE PRODUCT NOR TREATMENT PLANS. We assist with price comparison, order placement, information forwarding, and remitting payment. ACS will debit your preferred payment method in the amount quoted and remit payment on your behalf, directly to your chosen NSP.

PLEASE NOTE THAT THERE IS A LIMITED POWER OF ATTORNEY IN THESE TERMS. Among other things, it authorizes us to (where necessary):
  • To debit amounts collected from you and remit payment (net of our fees) on your behalf, all approved service requests directly to your chosen Provider(s);
  • Deal directly with your Prescriber, primary care physician ("My Physician"), pharmacists, or other health care providers, to obtain clinical history, a Treatment Plan or refer you to one; and
  • If you choose to have Products which form part of your Treatment Plan picked up and delivered to you from an NSP, appoint a third party such as a courier to act as your agent for the purposes of taking possession of your order at the NSP and then delivering it to the address you supplied.

IN ADDITION, THERE ARE TERMS AND PROVISIONS WITHIN THESE TERMS THAT LIMIT OUR LIABILITY TO YOU, PROVIDE FOR AN INDEMNITY IN OUR FAVOUR, AND INCLUDE YOUR AGREEMENT TO SETTLE DISPUTES IN A PARTICULAR JURISDICTION (AND WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION). AGAIN, PLEASE DO NOT ENROLL IN THE PROGRAM OR USE ANY OF OUR SERVICES, IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS.

The Program

  1. Any individual may apply for enrollment in the Program, and, if accepted, will become a Program User.
  2. Program Users may request a Treatment Plan from one or more NSPs through the Program, using one of ACS's digital telecommunication services, either directly or in conjunction with an Advisor. Advisors will help Program Users facilitate their request for service. This assistance may include obtaining and transmitting the information necessary for the NSP to perform their services.
  3. We offer a "Continuous Enrollment" subscription for the duration of the Treatment Plan. The subscription automates the reorder/refill schedule, cuts costs, and reminds Program Users to pause, adjust, or cancel their Treatment Plan. However, the subscription does not guarantee costs as these can change due to various factors, including, but not limited to, dosage, exchange rates, shortages, source, as well as manufacturer price increases. If you opt out of Continuous Enrollment, you agree that cancellations will apply to future unprocessed automated refills only. Early cancellations submitted without your Physician's directive incur fees as follows: $99.95 USD for any Treatment Plans which include Cold Chain Products (as defined herein), and $49.95 USD for all Treatment Plans that do not include Cold Chain Products.
  4. When a Program User contacts an Advisor, the Advisor will provide the range of costs of all aspects of a Treatment Plan available from a range of NSPs. For each NSP of interest to the Program User, the Advisor will quote a single price inclusive of all promotional discounts (including, but not limited to, the opting in of ACH (as that term is defined below) as the preferred payment method, Continuous Enrollment and bringing your own Prescription), standard shipping and handling, the cost of the Product(s) and services forming part of the Treatment Plan, all service charges, commissions and delivery fees charged by any and all parties connected with the transaction, including, but not limited to, ACS, each NSP, the Advisor and any delivery service. The Program User will then select their preferred NSP and to generate and submit a service request to ACS. Once your service request is approved, ACS will debit via your preferred payment method in the amount quoted and remit payment on your behalf, directly to your chosen NSP. Treatment Plan offerings, price lists, promotional discounts, as well as shipping and handlings costs, are subject to change in the sole discretion of ACS. Opting out of an available promotional discount will increase the overall price quoted and the cost to obtain the requested service.
  5. Access to certain services and information requires accepted enrollment to the Program, which acceptance is in the sole discretion of ACS.

Enrollment in the Program

  1. Enrollment in the Program is subject to criteria established by ACS, which criteria are subject to change in ACS's sole discretion, without notice. Some applicants may not qualify to join the Program as a Program User.
  2. Each applicant desiring a Treatment Plan must be evaluated or re-evaluated by an NSP (whether via telemedicine, electronic review or an in-person review), who will exercise their sole professional judgment to confirm appropriateness of Treatment Plans, and the clinical criteria for the Program.
  3. You may also be asked to provide information and otherwise respond to questions which are relevant to your participation in the Program (being referred to as a "Program User Questionnaire"). The Program User Questionnaire helps us ensure the Program is tailored to your individual needs.
  4. During the course of your Treatment Plan, ACS or your chosen NSP, as the case may be, may request updates with respect to your Treatment Plan, including, but not limited to, your progress, results or any side effects. Failure to respond to these requests may result in the cancellation of your Treatment Plan.
  5. Those individuals deemed eligible for enrollment shall receive a unique ACS Program User ID (the "ID") in such format as determined by ACS which provides access to your account (your "Account"). Receipt or possession of an ID is not evidence that you have been accepted, nor does it guarantee continued acceptance as a Program User. An individual who receives an ID must use the services ordinarily provided only to Program Users, and then by such use, that individual confirms their status as a Program User.

Program User Obligations

  1. My participation in the Program is voluntary, and at my own risk.
  2. I agree to keep confidential my ID, username and password that constitute my Account.
  3. I agree to use all reasonable security measures and procedures to ensure the security of my Account, services, credit cards, identity, computers and other systems to access my Account or services (including, but not limited to, mobile and wearable devices), and my confidential and personal information and personal health information.
  4. I agree to use my Account for my own personal use only (or for the use of the Program User on whose behalf I am acting).
  5. I agree to notify ACS of any changes to my contact information at least seven (7) days prior to the change coming into effect.
  6. I acknowledge that ACS is a health service administrator and not a pharmacy, drug manufacturer, insurance company, nor a physician.
  7. The Program and/or my participation in it may be terminated by ACS at any time with or without notice or cause.
  8. I will comply with these Terms. If I fail to comply with these Terms, I will no longer be eligible to participate in the Program.
  9. I agree and consent to ACS, ACS affiliates or NSPs sending me disclosures, notices, messages, reports, reminders and other communications via text, email, mail, and / or voice messages. It is my responsibility to monitor these communications, and I acknowledge that any fees or costs associated with receiving these messages as charged by my carrier, are my sole responsibility.
  10. My participation in the Program shall not constitute or be construed as constituting a partnership, joint venture or principal agency relationship between myself and ACS.
  11. It is critical to the success of the Program and your Treatment Plan that we are able to contact you. To be eligible to participate, you agree that we may text, message, robocall, autodial, email information or contact you in any way, about the Program, your participation, promotions, as well as specific details concerning a service request or a pending order. You hereby agree that: (i) any cost incurred by you for our communication events shall be your responsibility; and (ii) you are opted in to all forms of communication we deem fit so long as you have an Account. You shall not add us to any "do not call" register, nor log any complaints to the Federal Communications Commission or similar entity. Any action taken by you directly or by someone acting for you that results in a fine or penalty, shall be your sole responsibility, including, without limitation, the payment of such fine or penalty, if any.
  12. You agree to refill any Product that you select for delivery and is part of your Treatment Plan no later than twenty-eight (28) days prior to the scheduled date of the Product running out based on our current usage. If you order a one (1) month's supply, this means that when your first (1st) order arrives, you should immediately place a subsequent order. This will help, but will not in any way guarantee, that you will have sufficient Products on hand in the event of any delays, whether anticipated or unforeseen. If your order does not arrive within the timeframe provided by your chosen NSP for any reason, you agree to fill your Prescription locally as required, at your own expense.

Power of Attorney

  1. I name and authorize each of ACS, the Advisors and any NSPs supplying a Product which forms part of my Treatment Plan to me, as my agent and attorney for the limited purposes of taking all steps, transmitting data, and signing all related documents on behalf of myself necessary to complete the sale of the Product(s) to me in the jurisdiction in which the applicable NSP operates, including, without limitation:
    1. Take all steps, transmit data, and sign all related documents on my behalf, which are necessary to complete the sale of the Product(s) to me in jurisdictions where the NSPs operate;
    2. Appointing the third party such as a courier or postal service, who may be resident in a jurisdiction other than the jurisdiction where I am resident and / or be on the premises of the pharmacy which dispenses the Prescription, that will act as my agent for the purposes of taking possession of, directly from the NSP, then delivering to my address, the Product(s) I have ordered as part of my Treatment Plan;
    3. In cases where a Prescription must be issued, re-written or co-signed by a physician licensed to practice medicine in the jurisdiction in which the applicable NSP operates, taking all necessary steps on my behalf to contact such physician and convey the relevant information that ACS or NSP has about me (including health information, Treatment Plan and Product order history, Prescription(s) and my contact information) for their review;
    4. Remit payment on my behalf directly to my chosen NSP(s); and
    5. Each of ACS and any such NSP(s) has the same authority in this regard as I would if I was personally present, taking those steps and signing those documents myself.
  2. The power of attorney granted hereby is coupled with an interest and irrevocable during the time that I am a Program User.

Me and my Medication(s) Treatment Plan

  1. I represent and warrant to ACS that:
    1. I am of the legal age of majority in the jurisdiction in which I reside and I am not restricted from making my own medical decisions, or that I have the legal authority as the parent, legal guardian, caregiver or legal representative of the Program User, to make medical decisions on behalf of the Program User, and acknowledge and agree that ACS can consider this statement as sufficient authority to confirm that I have such legal authority to make medical decisions on behalf of the Program User without further enquiry;
    2. I will be the only person using Products I order as part of my Treatment Plan;
    3. I will order no more than a 3-month supply of Product for my personal use;
    4. I will use my Product(s) as directed by My Physician who I expect to, and understand, will monitor my treatment;
    5. I am financially responsible for all Products and services I order;
    6. I shall not submit a claim for reimbursement to any provincial, territory, state, national or federal healthcare programs nor any private or public insurance plan provider for any costs of the products which form my Treatment Plan;
    7. My Physician, who regularly examines me and whom I rely upon, is duly licensed to practice medicine in the country, province, territory, state, or other applicable jurisdiction, in which I reside, and shall keep My Physician fully informed of any Treatment Plan received as a Program User. I authorize both My Physician and ACS to communicate freely but make no obligation to do so. Where my Treatment Plan includes telemedicine which produces a Prescription, the Prescriber who issues the Prescription may communicate and collaborate with My Physician. I will notify ACS if My Physician changes and provide the updated contact information for My Physician;
    8. If I change any medications I am taking in any way, including, but not limited to, the addition of new medications, ceasing to use any medications, any changes in dosages or brands of medications, I shall immediately notify My Physician and, in the event that my Treatment Plan includes telemedicine which results in a Prescription, then I shall also notify the Prescriber who issued such Prescription.
    9. I will, to the best of my knowledge, fully and truthfully disclose all pertinent information and documentation required to fulfill my Treatment Plan. I will notify ACS of any changes to my physical or medical condition by providing an updated Program User Questionnaire, in the form provided to me by ACS from time to time. It is my responsibility to have regular physical examinations by My Physician, including all suggested tests;
    10. I will immediately contact My Physician in the event I experience any unexpected side effect(s) from the Product(s) which I order as part of my Treatment Plan;
    11. I will review any and all drug information sheets for any Products that form part of my Treatment Plan, and discuss with My Physician, directly, any questions that I have regarding my Treatment Plan, including, but not limited to, questions regarding any potential side effects;
    12. I acknowledge and agree that any U.S. compounded Product or Product I order for personal importation will not be "FDA Approved";
    13. I acknowledge and agree that the NSP is prevented from engaging with me directly, except for the purposes of performing their professional obligations;
    14. I acknowledge and agree that unless I opt out, my Treatment Plan will be on a Continuous Enrollment basis;
    15. I will direct any and all questions regarding my Treatment Plan to my Prescriber or My Physician; and
    16. I, and My Physician, will monitor my Treatment Plan and make any adjustments which are appropriate or required in the circumstances.
  2. I acknowledge and agree all services provided by ACS are final and non-refundable. I understand that the Treatment Plan, including any Products or services ordered or received under the Treatment Plan, cannot be returned for exchange or a refund.

My Information

  1. The collection, retention, disclosure, and use of my personal health information by ACS shall be governed by ACS's Privacy Policy, as amended, from time to time, in the reasonable exercise of ACS's discretion.
  2. I authorize ACS to collect from me, My Physician, any Prescriber, an NSP or my pharmacist, and share with any NSPs and pharmacists which fill my Prescription(s) or any physician who writes, co-signs or re-writes my Prescription(s), my personal health information, for the purposes of facilitating the filling of my Treatment Plan.
  3. I agree to pay all fees due for Products which form part of my Treatment Plan and for which I have requested service. To facilitate the collection of fees from me, I shall provide payment that I authorize ACS, our affiliates, or our third-party payment processors to charge the amount due and I agree to pay the total amount according to the card issuer or ACH bank agreement.
  4. I understand and agree that unless I have opted out of Continuous Enrollment, I will be charged for the Treatment Plan per the terms and conditions of my subscription.
  5. Charges on your bank or cardholder statements may appear as "ACS 247 Ltd." or as written on your approved service request payment receipt as provided by ACS (the "Receipt"). You agree that you will not dispute these debits, or any charges requested on your behalf, nor will you initiate a claim of fraud, containing the above or any other descriptor associated with us for any Receipt or Product from an NSP. You shall resolve any and all questions or concerns by calling ACS for assistance in clarifying any charges or for any issue with a NSP.
  6. You authorize ACS to debit your Account for the quoted amount and pay the selected provider. An electronically issued Receipt confirms that all goods or services due from ACS are received and paid in full. All services provided by ACS are final and non-refundable.
  7. You agree that an issued Receipt is your receipt of all the goods/services due from ACS being received in full and AGREE TO PAY THE TOTAL AMOUNT ACCORDING TO CARD ISSUER AGREEMENT OR AUTOMATED CLEARING HOUSE (ACH) WITHOUT DISPUTE.
  8. As I have enrolled in the Program and initiated the service request, I hereby authorize ACS, either:
    1. by paper;
    2. by telephone; and / or
    3. by electronic means;
    to debit or credit my Account or to charge my credit card (each, an "Authorization"), and understand this Authorization will remain in full force and effect until I notify ACS with no less than seven (7) business days' notice by email, or by telephone, to revoke this Authorization. In cases where I subscribe for Continuous Enrollment for Product or service which forms part of my Treatment Plan that is recurring, I agree that Continuous Enrollment debits shall occur as per my subscription schedule, as outlined in my Treatment Plan.

Dispensing

  1. I acknowledge and agree that ACS, the Advisors and the NSPs, which facilitate and provide my Treatment Plan(s), are relying on the health information and documentation that is provided by me. This includes, but is not limited to, my Program User Questionnaire.
  2. I acknowledge that my chosen NSP may not: (i) include an invoice in the package containing my order; (ii) provide me with an invoice; or (iii) invoice me directly as my chosen NSP will invoice ACS, and ACS, on my behalf, will transmit payment to my chosen NSP.
  3. In all cases in which your Treatment Plan involves prescription Products, ACS must receive a valid Prescription for fulfillment. We may coordinate a telehealth consultation and, in some cases, a Prescription must be re-issued, re-written or co-signed by a physician licensed to practice medicine in the jurisdiction in which the NSP filling my Prescription(s) operates. In the event my Prescription must be re-issued, so re-written or co-signed, the physician will evaluate my medical profile and may approve my Prescription but is in no position to modify the Product(s) which I order as part of my Treatment Plan. This relationship does not replace the relationship I have with My Physician.
  4. When possible, any Product that I order will be in original manufacturer's packaging which may or may not be child resistant.
  5. Habit forming, narcotic, or any other controlled Prescription Products are not Prescribed nor available from our NSPs under our Program.
  6. Prescribers and NSPs reserve the right to deny services, solely based on their professional opinions, for actual or potential misuse.
  7. Each Product dispensed may include any manufacturer's patient package insert, which you agree to read fully prior to any use of the Product.
  8. The sale and provision of services to me takes place in the jurisdiction where the fulfilling NSP operates. I become the owner of the Products included in my Treatment Plan when the NSP places them in a container or completes the necessary steps for my use.
  9. The pharmacists, contracted physicians and NSPs are licensed and operate in various jurisdictions. All treatment(s) I receive from each of is being received in the jurisdiction in which each is licensed and/or physically operates.
  10. Transportation of the Products is carried out by me or someone acting as my agent, and ACS and its affiliates are not responsible for any loss, damage, or delivery failure of the Products. The risk of loss and title for such Products pass to me when they are delivered to the carrier. Where a Product crosses a border, you are both the exporter and importer of the goods, for personal use. If any such Product (whether a tangible good or service) actually crosses or is deemed to have crossed a territory, state, provincial or country border the Program User is responsible for any tariffs, duty, taxes, customs fees or any detained, seized, destroyed or denied entry of Products which form part of their Treatment Plan they are importing for personal use. I understand that the crossing of goods at any border, including any Products I order, is at the sole discretion of the border agent(s) patrolling the border of the applicable country, on behalf of such country, and that ACS has absolutely no control over, and shall not in any way be responsible for, such process or any outcomes of such process.
  11. When you order a Product from an NSP, you assume all risks for importation including, but not limited to, loss, delays, duties, tariffs, detainment, or entry refusal. ACS itself does not ship, deliver, or provide any Product or Treatment Plan.
  12. Each delivery from an NSP comes with a tracking number. You shall track your order and secure it and refrigerate it, if applicable, as soon as possible. If undeliverable to your address for any reason, you shall pick up the parcel from the courier. Any unclaimed parcels or returns will be charged to you.
  13. "Cold Chain Products" (being a temperature sensitive Product which must be maintained within a specific temperature range at all times, including, but not limited to, during transportation, which temperature sensitive Products include, without limitation, injectable medications containing: semaglutide, liraglutide or tirzepatide) are packed for transportation with ice to extend the fridge-like conditions for as long as possible. You acknowledge that the ice will melt during your transportation, and if the Cold Chain Product is not returned to a cold environment immediately after arrival, it may affect the efficacy and quality of the Cold Chain Product. You shall return the Cold Chain Product to being stored in a fridge set at between 35 - 38 degrees Fahrenheit, as soon as possible.
  14. Transporting temperature-sensitive Products, including, but not limited to, Cold Chain Products, may result in such Product being exposed to temperatures outside of the recommended range during transit. You acknowledge and accept this risk when you order any temperature-sensitive Products.
  15. You may select a compounded Product (the "Compound") if the formulary, dose and/or form prescribed is not commercially available to adequately meet the patient-specific therapeutic need. If a Compound is selected, it will be provided in an appropriate container as determined by the NSP. You acknowledge that the Compound is personalized medication for your individual needs and is not mass manufactured. As such, a Compound may be exempt in whole or in part from regulatory approval and ACS cannot and does not make any claims as to the safety or efficacy of any Compound.

Disclaimers

  1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PROGRAM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, OBTAINING PRODUCTS AND SERVICES FROM A NSP), IS AT YOUR OWN RISK. THE PROGRAM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PROGRAM, INCLUDING, WITHOUT LIMITATION, PRODUCTS FORMING PART OF YOUR TREATMENT PLAN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  2. EXCEPT AS SET OUT HEREIN, WE TAKE NO RESPONSIBILITY FOR, AND DO NOT ASSUME ANY OBLIGATION TO, REVIEW OR PRE-SCREEN ANY NSP WHO IS MADE AVAILABLE THROUGH THE PROGRAM, OR THE CREDENTIALS OR QUALIFICATIONS OF ANY SUCH NSP.
  3. EXCEPT FOR PRODUCTS AND SERVICES DELIVERED THROUGH THE PROGRAM AS PART OF YOUR TREATMENT PLAN, WE ARE NOT A PARTY TO THE RELATIONSHIP BETWEEN YOU AND ANY NSP, AND AS SUCH, WE HAVE NO RESPONSIBILITY TO YOU AS REGARDS TO: (A) THE PRODUCTS AND SERVICES YOU RECEIVE FROM AN NSP; (B) YOUR INTERACTION WITH ANY NSP; (C) ANY TRANSACTIONS YOU MAY ENTER INTO OR ATTEMPT TO ENTER INTO, WITH ANY NSP; (D) COLLECTING OR REMITTING ANY APPLICABLE TAXES, IN RESPECT OF SUCH TRANSACTIONS; (E) ANY MEDICAL ADVICE RECEIVED FROM ANY NSP OR PRESCRIBER; (F) THE TREATMENT PLAN; (G) THE OUTCOME OF THE TREATMENT PLAN; (H) ANY DELAYS OR SHORTAGES OF PRODUCTS; (I) ANY CUSTOMS, DUTY, TARIFFS OR TAXES; (J) REACTIONS TO ANY PRODUCTS; OR (K) ANY RECALLS OF PRODUCTS. YOU AGREE THAT YOU WILL HAVE NO RECOURSE OR REMEDY AGAINST US, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS.
  4. There are risks inherent in telemedicine, which you acknowledge and accept by your entrance into the Program.
  5. The Program is not an insurance plan.
  6. The Program is designed mainly for individuals using maintenance medications for the treatment of long-term conditions.
  7. ACS is not itself a pharmacy or medical professional. It will take commercially reasonable steps to determine that any NSP which you choose is licensed under the laws of the jurisdiction where they operate. ACS is not responsible, however, for any errors or omissions that the NSP may make.
  8. ACS does not provide any medical services or Products. ACS provides an e-health platform to access NSPs and their products or services. Such NSPs shall always use their professional discretion in the performance of their duties. The Prescriber shall use their discretion in determining if a request for a Prescription is appropriate and the amount of investigation and dialogue with the Program User. The parties acknowledge and agree that these matters are in the sole control of NSPs.
  9. Due to legal restrictions, recall or scarcity, there may be situations in which a Product forming part of a Treatment Plan is not available and/or the price increases.
  10. Content made available through the Program (including, without limitation, our website and these Terms) is not an offering open to the public and the Program is not an insurance plan. Our website and ancillary material about the Program are advertisements for services available exclusively to Program Users and not for any specific medication, diagnosis, or Treatment Plan.
  11. I understand that all communication with ACS via telephone and electronically shall be recorded for quality assurance and may be used as evidence in the event of a dispute.

Release & Disputes

  1. I agree that: (i) all aspects of my relationship with; and (ii) any and all agreements reached, or contracts formed; and (iii) any medical advice I may receive from NSPs or Prescribers pursuant to my Treatment Plan, in all cases throughout the course of my relationship with ACS and the NSPs, shall be deemed to be made in the Province of Manitoba, and accordingly shall be governed by the laws of the Province of Manitoba applicable to such agreements and contracts, and I acknowledge that I am benefiting from such laws by engaging ACS to arrange for my order(s) to be filled.
  2. Any dispute that arises between me and ACS, its affiliates, NSPs, subsidiaries, officers, directors, shareholders, employees or agents, and all of their assigns, successors, legal representatives and heirs, as the case may be, shall be subject to the exclusive jurisdiction of the courts of the Province of Manitoba, including but not limited to, claims of negligence or malpractice. No action or claim may be brought more than one year after I receive the Product(s) which I order as part of my Treatment Plan.
  3. The dispute settlement provisions contained in these Terms shall survive regardless of the invalidity of these Terms in whole or in part.
  4. UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THESE TERMS, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) THE CONDUCT OF ANY PROVIDER; OR (E) ANY MISDIRECTED OR LOST DATA, OR UNAUTHORIZED ACCESS TO DATA; OR (F) ANY DUTY AT LAW OR IN EQUITY; OR (G) YOU NOT HAVING THE SUFFICIENT LEGAL AUTHORITY TO MAKE MEDICAL DECISIONS ON BEHALF OF A PROGRAM USER.
  5. WE ARE NOT RESPONSIBLE FOR: (A) ANY PROBLEMS THAT ARISE FROM YOUR FAILURE TO PROVIDE FULL AND ACCURATE INFORMATION IN ACCORDANCE WITH THESE TERMS; (B) SIDE-EFFECTS YOU EXPERIENCE FROM THE PRODUCT(S) WHICH YOU ORDER AS PART OF YOUR TREATMENT PLAN; AND (C) THE FAILURE OF PRODUCT(S) FORMING PART OF YOUR TREATMENT PLAN TO PRODUCE A PARTICULAR EFFECT THAT YOU OR YOUR PHYSICIAN EXPECT OR DESIRE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THESE TERMS OR YOUR USE OF PRODUCTS FORMING PART OF YOUR TREATMENT PLAN EXCEED A MAXIMUM AMOUNT EQUAL TO THE LESSER OF: (X) ACTUAL DIRECT DAMAGES YOU SUFFER; (Y) THE AMOUNT ACTUALLY PAID BY YOU TO US WITHIN THE TWELVE (12) MONTHS' PERIOD PRECEDING THE CLAIM; OR (Z) ONE THOUSAND DOLLARS ($1,000.00). YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 65 REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON LIABILITY.
  6. EXCEPT AS SET OUT IN SECTION 65, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE PROGRAM.
  7. YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF THE PROGRAM.
  8. SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS PART OF THESE TERMS MAY NOT APPLY TO YOU. FOR THE PURPOSE OF THIS "RELEASE & DISPUTES" PART OF THE TERMS, THE TERMS "WE", "US" AND "OUR" SHALL INCLUDE OUR AFFILIATES AND OURS' AND OUR AFFILIATES' RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.

Miscellaneous

  1. Except for any ancillary agreements entered into between myself and ACS, including, but not limited to, Continuous Enrollment Terms and ACH Agreements, these Terms constitute the entire agreement between ACS and myself, and ACS and I have no additional obligations or liabilities to one another due to any other statements we may have made prior to my agreeing to be bound by these Terms.
  2. Any provision in these Terms that is invalid or unenforceable shall be deemed to be severable from the other provisions contained in these Terms.
  3. The provisions of Sections that are by their nature intended to survive termination of these Terms shall survive termination of these Terms including, but not limited to, Sections 19 - 21, 25 - 27, 29 and 33 - 68.
  4. The parties hereto have required that these Terms and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
  5. We will not be liable for failure or delay in our performance of our obligations under these Terms due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files; or (d) shortages or regulatory restraints that preclude the making available of certain Products forming part of your Treatment Plan to you.
  6. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (Manitoba), C.C.S.M. c. S11, as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Program, and, where applicable, you also agree to opt out of any class proceedings against us or our NSPs.
  7. In these Terms, "business day" means a day other than a Saturday, Sunday or any day on which the principal chartered banks located in the city of Winnipeg, in the province of Manitoba, Canada are not open for business during normal banking hours.
  8. Each of the parties hereto shall use commercially reasonable efforts to, from time to time at the request of the other party, without any additional consideration, furnish the other party such further information or assurances, execute and deliver such additional documents, and take such other actions and do such other things, as may be reasonably necessary or appropriate to carry out the provisions of these Terms and give effect to the transactions contemplated hereby.
  9. Except as otherwise set out herein, no waiver of any right, remedy, power or privilege under these Terms ("Right(s)") is effective unless contained in a writing signed by the party charged with such waiver. No failure to exercise, or delay in exercising, any Right operates as a waiver thereof. No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right.
  10. These Terms and any rights or obligations hereunder are not assignable by me without the prior written consent of ACS (which may be withheld by ACS, in its sole discretion). ACS may assign its rights and obligations hereunder upon notice to me. These terms are binding upon and enure to the benefit of the parties and their respective heirs, executors, legal representatives, successors and permitted assigns (as the case may be).
  11. Any reference to these Terms includes any and all amendments which may be made thereto, from time to time, by ACS, in its sole discretion.
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ACS247 LTD. is a Health Claims Processor operating an e-Health Platform that connects independent prescribers and patients with our network of service providers. Our platform utilizes electronic methods, a network of service providers (NSPs), and Care Coordinators to manage billings, prior authorizations, data collection and transmission, program screening, and clinical review scheduling. We facilitate the initiation and continuation of treatment plans and related health services for individuals accepted as Program Participants. While ACS247 LTD. processes claims and coordinates care, we do not directly provide medical or pharmacy services or products. Our programs are not insurance plans, and payment for a Treatment Plan voucher does not guarantee approval. This website advertises services available exclusively to NSPs and Program Participants and is not intended for any specific medication, diagnosis, or treatment plan. All services and product orders are subject to our current Terms and Conditions. The content presented here is not an offering open to the general public but is designed for our specific network participants.