SpotRx Club Terms of Service

This Terms of Service Agreement (“Terms”) governs your use of the SpotRx Club offered by SpotRx Pharmacy (“SpotRx Club,” “we,” “our” or “us”) websites, branded pages on third party platforms (i.e., social networking services), mobile and web applications (“Applications”), and through our direct marketing campaigns or other online communications and mobile messaging services (collectively, “SpotRx Club Services”), and your purchases from the SpotRx Club Services. By using the SpotRx Club Services, you agree, without limitation or qualification, to be bound by these Terms and the SpotRx Pharmacy Privacy Policy. If you do not agree, please do not use the SpotRx Club Services.

SpotRx Pharmacy may revise these Terms at any time. Your continued usage of the SpotRx Club Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the SpotRx Club Services for any reason.

1. Eligibility
The SpotRx Club Services are available to users within the SpotRx Applications. To access these services, a user must:

  • Be registered with SpotRx Pharmacy in their Pharmacy Management System (“PMS”)
  • Have a user account for the Applications

To register, create a user account, and interact with participating Services, users may download or use the SpotRx Application (available for iOS, Android, and on the web).

The SpotRx Club Services are intended for Canadian residents who are eighteen (18) years of age or older. The Applications are administered in Ontario, Canada and not intended for use in any other location. Any use outside of Ontario is at the user’s own risk and users are responsible for compliance with all applicable laws. By accessing the Applications, you represent that you are at least eighteen (18)  years of age, and you agree to use the information accessed through the SpotRx App and the SpotRx Web App in accordance with all applicable local, provincial, national or international laws and regulations.

2. Your Account
If you use the SpotRx Club Services, you are responsible for maintaining the confidentiality of your account, password and PIN. You agree to accept responsibility for all activities that occur under your account. SpotRx Pharmacy reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders at its sole discretion.

3. Terms of Sale

3.1 Description of Services
The SpotRx Club is a subscription-based service that provides non-prescription products (“Products”) to end-user customers who purchase a recurring membership plan (“Members”) to receive a set number of free products only for their own personal, non-commercial use (“Membership”) within a period of one month (the “Subscription Period”). You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.

3.2 Products and Product Pricing
The prices for Products may vary by region. By adding or removing Products, or changing your Membership, you may change the price that is charged for the Products. Product prices may change without notice.

Products are available for purchase to both Members and non-Members. Taxes are included in the price of the Products.

3.3 Memberships
The price that we charge for the Membership is based on a tiered pricing structure that depends on the Membership level chosen. Taxes are included in the price of the Membership. Pricing for Memberships can be found within our Applications (available for iOS, Android, and on the web). The Membership provides the Member with a set number of free non-prescription Products per Subscription Period.

All Members receive one free promotional Subscription Period when they purchase a Membership. Payment for the Membership will be charged to the method of payment provided by the user (“Payment Method”) for only the price of the Membership, beginning one Subscription Period after the Member has signed up.  Subsequent subscriptions by the Member or upgrades do not qualify for additional free promotional Subscription Periods.

To redeem free Products, the Member places an order from the Application. The Member must be current in their payment for the Membership to be eligible for free Products. Orders for non-prescription Products may only be ordered for pickup at a kiosk.

In the event of a Product being unavailable at the time of collection, the Member may:

  • Speak with the SpotRx Pharmacy team to discuss alternative fulfillment methods
  • Choose to cancel their order using the Application

If the Member does not order or collect the free Products within the Subscription Period, the free Products are forfeited and will not carry over to the next, or future, cycles.

To view the specific details of your Membership, visit the My Profile page of the SpotRx Application.

SpotRx Pharmacy reserves the right, in its absolute discretion, to withdraw or modify any Product, Membership, offering, or promotion at any time without prior notice and liability to you or any third party. Any and all Products, Memberships, offers, or promotions advertised on the SpotRx Club Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

4. Cancellation Policy

4.1 Membership Cancellation
You may cancel your Membership at any time from the My Profile page in the SpotRx application. To cancel a Membership, navigate to the My Profile area of the app, and select the Membership Plan option. Within this area there is an option to cancel the Membership, which must be selected, then confirmed by the Member. Cancellation requests are processed as of the next Subscription Period.

4.2 Order Cancellation
You may cancel orders for Products that have not yet been picked up from the kiosk from the app. Orders for prescription products may only be cancelled by the pharmacy and cannot be cancelled from the app. To cancel a Product order, navigate to the Home screen of the app and expand the “Ready” card for the Product. Within this area, there is an option to cancel the order.

If an order for a free Product is cancelled, then the Member will once again be eligible to order a Product for free, as long as the order occurs within the same Subscription Period as the cancelled order.

If an order for a purchased Product is cancelled, a refund will be issued back to the Payment Method used for the order, by our third-party payment provider. Refunds may take up to ten (10) business days to process.

5. Payment Processing

5.1 Recurring Membership; Automatic Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.

SpotRx Pharmacy will automatically renew your Membership and charge your Payment Method depending on the Membership tier chosen by you and, as authorized by you by agreeing to the automatic renewal of your Membership during the Member sign-up process.

5.2 Payment Schedule
Your Payment Method will be charged at least one (1) full business day prior to the start of the next Subscription Period. We will charge your Payment Method with the applicable cost for your Membership.

The date that payment is collected is determined by the date of the Membership purchase. For example, if the Membership is purchased on the second (2nd) day of the month, the Member will be charged on the first (1st) of the following month.

To avoid being charged, you must cancel your Membership. We will continue to bill your Payment Method on a recurring basis (depending on the tier chosen) until you cancel.

5.3 Collection of Information for Payments
In connection with a purchase of a Membership or Product through the OnTheSpotRx application, you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to Chargebee (“the Processor”) an independent third-party selected by, but not affiliated with, SpotRx Pharmacy. More information on the Terms of Service of the Processor may be found here.

The Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information, the collection, use and transmission of your Personal Financial Information and any payment obligations shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase of a Membership or Product, you are warranting that you are authorized to make the purchase using the Personal Financial Information that you provide to the Processor.

You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects any of your information, SpotRx Pharmacy will in no way be responsible or liable to you or any third party for any such data breach.

If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.

6. Referral Program
As a SpotRx Club Member (a “Referrer”), you are subject to SpotRx Pharmacy’s Terms of Use and Privacy Policy (both available here on our website), as well as the following additional Terms & Conditions for the SpotRx Club Referral Program (“Referral Program”).

6.1 Qualified Referrals
A “Qualified Referral” is defined as a new SpotRx Club membership signup of the first tier or higher by a person (a “Referred Customer”) who arrives to our website or mobile app by clicking your referral program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

6.2 Referred Customer
The Referred Customer may be a new or existing patient of the pharmacy that has not previously signed up for a SpotRx Club membership.

6.3 Referral Rewards
Rewards (“Rewards”) are payable in the form of one free Subscription Period (month) of membership at the tier that the Referrer is currently subscribed to per Qualified Referral. Rewards are awarded sixty (60) days after the Qualified Referral has completed signup (and remitted payment for one Subscription Period of membership). As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

For you to earn referral rewards as a Referrer, the Referred Customer must enroll in the SpotRx Club (the first tier or higher) and remit payment for one Subscription Period of membership.

6.4 Referral Reward Management
Rewards are managed by Friendbuy, an independent third-party selected by, but not affiliated with, SpotRx Pharmacy. More information on the Terms of Service of Friendbuy may be found here.

6.5 Spam Policy
You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your membership and exclusion from the SpotRx Club Referral Program.

6.6 Right to Close Accounts
SpotRx Pharmacy reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the SpotRx Club Referral Program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

6.7 Right to Cancel Program or Change Terms
SpotRx Pharmacy reserves the right to cancel the SpotRx Club Referral Program or to change these Terms & Conditions at any time at its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

7. Modification or Suspension of the SpotRx Club Services
You agree that SpotRx Pharmacy may, at its sole discretion and at any time, modify, discontinue, or suspend its operation of the SpotRx Club Services, temporarily or permanently, without notice or liability to you.

 

To view the Terms of Use and Privacy Policy for SpotRx Pharmacy, please click here.