TERMS & CONDITIONS
DanDaniella Pharmacy is a licensed online pharmacy. We do not currently accept insurances for online purchases. Patients are encouraged to order their products online and submit payment through our secured website. Your payment can be made with a major credit card, including Visa, Mastercard, Discover or American Express.
User’s Acknowledgment and Acceptance of Terms
You are permitted to use the Website only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of the Website in any medium without Company’s prior written authorization except as permitted through the Website’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Website; (6) Don’t collect any personally identifiable information, including full names, physical addresses, or e-mail addresses, for commercial purposes; and (7) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. The Website is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE WEBSITE.
In these Terms of Service, we use the terms "you", "your" to mean any person using our Website, and any organization or person using the Website on an organization’s behalf. As used in these Terms of Service, "User(s)" refers to any individual using the Website.
DanDaniella Pharmacy does not engage in the sale of controlled or narcotic drugs, compounded, specialty, infusion or other non-retail prescriptions.
Buying from DanDaniella Pharmacy
You must have a valid prescription from a doctor/prescriber in order to buy medications from DanDaniella Pharmacy. If you wish to add items to your cart, then you must first register for an account with just your name and email address. Account registration is free, allowing you to add items to your cart. You must be at least 18 years old to shop with DanDaniella Pharmacy. Once you’ve added medications to your cart, you must proceed to checkout, then complete the questionnaire during checkout in order to finalize your order. Orders are required to provide the following information: payment method, your name, email address, home address, date of birth, doctor’s information, your current pharmacy’s information and other health related questions.
Account Information and Security
When you register an account, you provide us with personal information, such as a phone number, e-mail address, user ID, and password ("Account Information"). To use the Website, you agree to provide DanDaniella Pharmacy with true, accurate, current, and complete information about yourself, and to update this information updated. Keep your Account Information current and accurate. You agree to not allow others to access your account. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your Account Information with others, and we will not be liable for any loss or damage resulting from your failure to comply with these obligations. If someone is using your account, notify us immediately. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. Additionally, you acknowledge that internet transmissions are never completely private or secure and you understand that any message or information you send to the Website may be read or intercepted by others, even if it is encrypted.
Payments and Fees
DanDaniella Pharmacy will automatically charge your credit card once you complete the checkout and submit your order.
We may use a third-party payment vendor ("Third-Party Payment Vendor") to process your payment. You warrant and represent that you are the valid owner or an authorized user, of the credit card or other payment card to such Third-Party Payment Vendor, and that all information you provide is accurate.
Your right to use the Website is conditional upon our receipt of payment of all fees owed to DanDaniella Pharmacy, including Product Purchases, etc. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this agreement and all our obligations hereunder. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
Feedback
We always welcome your feedback. For feedback, comments, questions, or concerns, you can contact us at info@dandaniella.com and we will return your e-mail at the soonest opportunity possible.
Dispute Resolution and Arbitration
In the interest of resolving disputes between you and DanDaniella Pharmacy in the most expedient and cost effective manner, you and DanDaniella Pharmacy agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DANDANIELLA PHARMACY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Despite the provisions of the preceding paragraph, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Termination of Service
DanDaniella Pharmacy may terminate your privilege to use or access the Website immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Website and agree not access or make use of, or attempt to use, the Website. Furthermore, you acknowledge that DanDaniella Pharmacy reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Website. You understand that DanDaniella Pharmacy may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to DanDaniella Pharmacy.
All provisions of these Terms of Service which by their nature should survive termination shall survive the termination of your access to the Website, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
By using the Website, you agree not to:
- Use the Website for any illegal purpose or in violation of any local, state, national, or international law;
- Use the Website and information contained therein to construct a database of any kind;
- Store the content contained in the Website, in its entirety or in any part, in databases for access or distribution by you or any third party;
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- Interfere with security-related features of the Website, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Website except to the extent that the activity is expressly permitted by applicable law;
- Interfere with the operation of the Website or any user’s enjoyment of the Website, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Website; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; or
- Sell or otherwise transfer the access granted under these Terms of Service
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and DanDaniella Pharmacy is intended or created by this Agreement. Users are not DanDaniella Pharmacy’s representative or agent, and may not enter into an agreement on DanDaniella Pharmacy’s behalf.
Electronic Communications
The communications between you and Company use electronic means, whether you use the Website or send us emails, or whether Company posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Changes and Amendments to Terms
These Terms of Service are effective as of the "Last Modified" date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Website and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Website with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Website. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.
Our Contact Information
Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at info@dandaniella.com.