Please Read These Terms Carefully Before Using This Site
By using any of the Sites or services available on or through the Sites, you consent and agree to these terms, along with any additional terms and conditions found on a specific Site (collectively referred to as the “Terms”).
The term "London Drugs" or “we” used on a Site shall be deemed to include London Drugs Limited and its affiliates, subsidiaries, successors and assigns.
Modifications to Terms
London Drugs reserves the right, at its discretion, to change, update, add or remove any parts of the Terms, at any time without prior notice. Each time you use a Site, it is your responsibility to check the Terms for changes. Your continued use of any Site following the posting of changes to the Terms will mean you accept those changes.
We grant to you a non-exclusive, non-transferable, limited license to use the Sites only in accordance with the provisions set out in the Terms. All rights not expressly granted to you in these Terms are reserved by London Drugs.
User's Representations and Warranties
If your use of a Site (including an App) requires an account identifying you as a user, then you are solely responsible to maintain the confidentiality and security of the account username, identifier and password related to such account; and you are solely responsible for all activities that occur under your account, including any persons who gain access to your account with or without your permission.
To purchase any products or services on or through the Sites, you represent you have reached the age or majority in your jurisdiction and have the ability to enter into legally binding contracts under applicable law. You warrant the accuracy of all information provided to London Drugs on or through any Site, including but not limited to, your name, age, address, account and payment information, if applicable.
Terms specific to Apps
If you choose to download or use an App, you agree and consent as follows:
- to the installation of the App on your device and to the installation of future updates or upgrades which will cause the App to perform, or which will cause improved performance of, the intended and expected purpose, services and functions of the App. You may withdraw your consent at any time by deleting or uninstalling the App.
- The App is free to download, however standard wireless carrier message and data rates may separately apply.
- London Drugs has no obligation to furnish any maintenance and support services with respect to the App.
- London Drugs reserves the right, for any reason including, but not limited to, convenience to: (i) change, suspend, revoke, limit or disable access to the App or any part thereof; (ii) terminate the App at any time including by way of cancelling a user's account and user's access to the App; at any time without notice, and without any form of liability.
- We may receive information about your current location and about your device or browser, such as a unique identifier for your device. You may be able to turn off tracking, though you may then be unable to use certain App features.
- The App may contain technologies that monitor, record and report to London Drugs or its authorized service providers information regarding a user's access to and use of the App, and London Drugs may use that information for system administration purposes and to provide the App and App services to user.
Restrictions on use of Materials
London Drugs owns and operates the Sites.
London Drugs, the London Drugs logo, LDExtras, London Drugs Photolab, and Nobody Does it Better are trade-marks of London Drugs. Other trade-marks (whether registered or unregistered), designs, logos, related words and domain names which are the property of London Drugs, may appear from time to time on the Sites. All other trade-marks, product names and company names or logos found on the Sites which are not the property of London Drugs are the property of their respective owners. London Drugs' trade-marks may not be used without London Drugs' express authorization and, without limiting the generality of the foregoing, London Drugs' trade-marks may not be used in connection with any products or services which are not London Drugs' or authorized by London Drugs, or in any manner that is likely cause confusion among customers or potential customers of London Drugs, or in any manner that disparages or discredits London Drugs. All material contained on the Sites, including the content, site design, text, graphics, and the selection and arrangement thereof are the copyright of London Drugs (unless otherwise expressly stated). No material from the Sites or any website owned, operated, licensed, or controlled by London Drugs may be copied, reproduced, republished, linked to, framed, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. You may not display or provide for display pages from a Site in a frame less than the entire size of display space on a browser program. If you wish to link to a Site, please contact us to obtain our written approval. Failure to obtain such approval in advance is a violation of the Terms and an infringement of London Drugs' copyright and other proprietary rights, and is expressly prohibited. Modification of the materials or use of the materials for any other purpose than those described above is a violation of London Drugs' copyright and other proprietary rights, and is also strictly prohibited.
The Sites may only be used for lawful purposes. Uses of the Sites described below are prohibited. These descriptions are not intended to be exhaustive.
- Illegal Activity. The Sites may not be used in connection with criminal or civil violations of applicable provincial, federal or international laws, regulations or other government requirements. Such violations include but are not limited to theft or infringement of copyrights, trademarks, or other types of intellectual property; fraud; forgery; theft or misappropriation of credit cards, data or personal information; threats of physical harm or harassment; invasion of privacy, defamation or any conduct that violates the legal rights of others.
- Security Violations. The Sites may not be used in connection with attempts – whether or not successful – to violate the security of a Site, network, service or other system. Prohibited activities include but are not limited to hacking, monitoring, or using systems without authorization; and distributing viruses, Trojan horse, worm or other harmful components or software. Users are responsible for maintaining the basic security of their systems to prevent their use by others in a manner that violates these Terms.
- Offensive Materials. The Sites may not be used for the distribution of offensive material, including obscene, indecent, child pornography and hateful materials.
London Drugs reserves the right, in its sole discretion, to determine when the use of a Site is in violation of the Terms. Without limiting any of our rights, London Drugs may suspend, restrict or terminate part or all of your access or use to or of any of the Sites without prior or any notice if, in our sole and absolute discretion, we determine or believe a violation of any of the Terms has or may occur.
General Disclaimer and Limitation of Liability
You expressly agree that use of the Sites is at your sole risk. The Sites, the services and the information or materials found therein are provided on an "as is, where is, as available" basis. London Drugs makes no representations or warranties, either express or implied, of any kind with respect to the Sites, its contents (including without limit product descriptions and prices) or any services. London Drugs disclaims all warranties, express or implied, including, but not limited to, merchantability and fitness for a particular purpose. The user expressly acknowledges that (i) there are no warranties or representations made regarding the content of the Sites including without limitation how current it is, its accuracy, its completeness, its availability, its security, that defects will be corrected or that the Sites, any hyperlinked website, or the servers upon which they reside is free of viruses or other harmful components; and (ii) as a service to users of the Sites, London Drugs may include links to other websites that London Drugs has no control over, and makes no endorsements or representations of any kind regarding the products, services, business practices, content or appropriateness of content on such websites, and the user hereby irrevocably waives any claim against London Drugs with respect to such websites. London Drugs may, in its sole discretion, suspend, restrict or terminate the operation of any Site or any part thereof, effective at any time, without notice, and for any reason.
None of London Drugs or any of its respective directors, employees, agents, or other representatives will be liable for damages, claims, expenses or other costs (including without limitation legal fees) arising out of or in connection with the use of, or inability to use, the Sites or any information therein contained, or any hyperlinked website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, exemplary, punitive and consequential damages, damages for loss of user photos, programs, data, or personal information, loss of income or profit, loss or damage to property and claims of third parties, even if London Drugs has been advised of the possibility of such damages. You agree that your exclusive and sole remedy is to stop using the Sites. You hereby waive any claim for damages.
Disclaimer Regarding Health Information
London Drugs does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any medical or health information posted or otherwise available on or through access to any of the Sites. London Drugs is not responsible for the content of any linked pages, or any other sites linked to the Sites and London Drugs assumes no liability or responsibility arising from the contents of any off-site pages or sites. The health information provided by London Drugs on any of the Sites is for educational purposes only and in summary form intended to provide general consumer understanding and knowledge of health care topics and London Drugs is not responsible and shall not be liable to you or anyone else for any action or decision taken in reliance upon the information contained in the Sites. You are responsible to review and understand all package and package insert information concerning products purchased from London Drugs. The information provided on the Sites is not intended to be used as a substitute for professional medical diagnosis or treatment. You should seek the advice of your doctor or pharmacist prior to starting any treatment or in connection with any health problems or questions.
Security and Privacy
London Drugs strives at all times to protect the security and privacy of any information you provide over the internet to London Drugs, including but not limited to, making an online purchase, to request a quote for insurance coverage, filing an insurance claim, requesting an on-line prescription refill or signing up to be an LDExtras member. However because of the inherent nature of the internet, London Drugs cannot guarantee that this information will not be improperly accessed or used by third parties. You are submitting this information over the internet to London Drugs at your own risk. For further information please refer to the Privacy and Security sections of the Sites.
Product Information and Flyers
London Drugs may include on any of the Sites items that may be featured in London Drugs' flyers, product descriptions or items which are otherwise available through London Drugs' retail stores. For any discrepancies between the information provided on a Site and the information in the flyer or at the store, the information in the flyer or store, as the case may be, shall be determinative, subject to London Drugs' ability to correct errors and omissions at any time. We cannot guarantee the availability of any products or items described on a Site and some may not be available at all London Drugs locations or at all due to space limitations, unavailability of supply or for other reasons. All prices shown are shown in Canadian dollars and before any applicable tax, handling charges and shipping charges, unless otherwise stated.
London Drugs reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request. While London Drugs strives to provide accurate product and pricing information, pricing or typographical errors may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained on the Sites and any information included is subject to change by London Drugs at any time. Without limiting the generality of any other terms and conditions on the Sites, London Drugs does not accept liability for any errors or omissions which may be found on any of the Sites or for unavailability of any product. If a product or service appears with any incorrect information including pricing, London Drugs reserves the right to cancel any orders placed for that product or service.
You agree to indemnify, defend and hold harmless London Drugs, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable lawyers' fees, resulting from any violation of the Terms, any applicable laws or any activity (including negligent or wrongful conduct) related to your use of any of the Sites, whether such violation or activity is done by you or any other person accessing the Sites using your devices or accounts.
Governing Law and Jurisdiction
The Sites are controlled by London Drugs from its office within the Province of British Columbia, Canada. The Sites can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of British Columbia, Canada, by accessing the Sites, you agree that all matters relating to access to, or use of, the Sites, or any other hyperlinked website, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable to the Province of British Columbia, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws.
In the event that any parts of the Terms are held to be indefinite, invalid, illegal or otherwise unenforceable, the other parts of the Terms will not fail and will continue in full force and effect. The Terms constitute the entire agreement between you and London Drugs governing your use of the Sites. You may also be subject to other terms and conditions when you access other sites or if you access or purchase third party content or software. The failure or delay of London Drugs in exercising any right or remedy under the Terms or elsewhere shall not constitute a waiver of such right or remedy. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Version Date: October 3 2016