Terms & Conditions of Use
Legal Compliance of the Candover Mail Order Prescriptions ACKNOWLEDGEMENT AND CONSENT BY CUSTOMER As a material inducement for the services to be rendered by Brick and Click, I do hereby acknowledge and agree that: 1. I am above the age of eighteen (18) years, and have entered into a contract with Brick and Click of my own free will, and that I did not act under duress or undue influence. 2. I understand that I am seeking a medical consultation via the Internet, and understand fully the importance of the medical questionnaire that I will be/have been required to fill in, and that the prescribing doctor will not have the opportunity to physically examine me, and will rely fully on the said medical questionnaire. 3. I confirm that the medical questionnaire contains my full and honest medical history, and that I have answered the questions truthfully, openly and honestly, and to the best of my knowledge. 4. I am aware that my medical questionnaire will be reviewed by a Brick and Click � appointed physician (herein after called the 'Prescribing Physician'), who is registered and licensed to practice medicine in his/her state of residence, but who may not be licensed to practice medicine in my own state. 5. I acknowledge that the Prescribing Physician may, upon examining my medical questionnaire, prescribe medication. 6. I acknowledge and confirm that that medication shall be for my exclusive personal use, and that I shall use it as directed. I shall not pass it on to other persons, or be party to reselling the medication. 7. I have undergone a physical examination by a physician licensed to practice medicine in my state (herein after called the 'Primary Physician') and that the Primary Physician has diagnosed a certain medical condition which I shall specifically disclose on my medical questionnaire. Therefore I am utilising the services of Brick and Click to obtain medication for the identified medical condition and not for a medical condition which has not previously been diagnosed as a result of a physical examination by a physician licensed to practice medicine in my state. 8. I confirm that I will use the medication prescribed by the Prescribing Physician only after consultation with my Primary Physician and that should the Primary Physician recommend that I discontinue the treatment, or alter it, or in any way supplement or reduce it, my Primary Physician's advice regarding the prescribed medication shall take precedence over that of the Prescribing Physician. 9. I accept that the online medical consultation shall be deemed to have been carried out in the Prescribing Physician's state of residence/professional practice. 10. I, however, accept that if any importation of medical treatment/prescription drugs into my state of residence should be necessary, this shall be deemed to be for the purposes of continuing the course of treatment commenced in the Prescribing Physician's state only. 11. I hereby accept again that the Prescribing Physician shall rely only upon my medical questionnaire. I confirm, regarding my medical questionnaire that: a. I have answered all questions truthfully and honestly and to the best of my knowledge. b. I understand that any misrepresentation or non-disclosure on my part may affect the decision of the Prescribing Physician, and have not committed either in my medical questionnaire. c. It will not be a stand in for a full physical examination, which the Prescribing Physician shall not be able to carry out. d. I have undergone a full physical examination by my Primary Physician in order to be able to fully and honestly complete the medical questionnaire. 12. Therefore, I hereby agree to indemnify and hold harmless the Brick and Click, , the Prescribing Physician and any pharmacy and/or pharmacist who may hereafter fill the prescription (�Dispensing Pharmacy�) against any and all liability arising from any condition that I might suffer following medication prescribed by the Prescribing Physician based upon his/her reliance on my medical questionnaire. 13. I further warrant that I have checked to ensure that the importation of prescription drugs into my state of residence does not violate the laws of my state or any state at which I may accept delivery of medication prescribed for me by the Prescribing Physician. 14. I accept that Brick and Click is not practising medicine in any capacity, but is simply acting as a medium to refer a specific request for treatment to a specific physician. 15. I understand that the Prescribing Physician is not an employee of Brick and Click , and that, therefore, no vicarious inability shall attach to Brick and Click for any acts or omissions of the Prescribing Physician. 16. I understand that in using the facilities of Brick and Click the contents of my medical questionnaire, including my medical history becomes the property of the Prescribing Physician and of Brick and Click . I also acknowledge that Brick and Click has the right to store this information, place it at the continuing disposal of the Prescribing Physician, any other persons involved in my treatment, and to continue to copy, retain and use the said information and records relating to me. 17. I agree that any and all disputes, controversies and claims arising out of or relating to this use of the services provided herein, or concerning the respective rights or obligations of the parties, shall be settled and determined by arbitration with the Commercial Panel of the American Arbitration Association in accordance with the Commercial Arbitration Rules. All Arbitration claims shall be filed with the American Arbitration Association at it�s Southfield, Michigan office, or in the event that such an office is no longer in existence, then the closest office to Southfield, Michigan. Claims covered by this agreement to arbitrate include, without limitation, tort claims and claims for violation of any federal, state, or other governmental law, statute, regulation or ordinance. In preparation for the arbitration hearing, each party may utilize all methods and scope of discovery authorized by the Michigan Rules of Civil Procedure. The arbitration award shall be final and binding upon the parties and a judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof, including a federal district court, pursuant to the Federal Arbitration Act. 18. Regarding my treatment, received through Brick and Click , I confirm that; a. I shall seek information from my Primary Pharmacist and/or Primary Physician regarding the risks, benefits, and possible side effects of any medication prescribed by the Prescribing Physician. b. I will use such medication under the strict supervision of my Primary Physician, whose advice shall take precedence over that of, and shall not be supplanted by that of, the Prescribing Physician. c. I undertake to make contact promptly with my Primary Physician or any medical practitioner for any necessary emergency intervention should a complication arise following my use of the prescribed medication. d. I appreciate that there are always attendant risks to the use of any medication. I hereby indemnify Brick and Click and/or the Prescribing Doctor from liability if any severe or other side effects should result from my use of the prescribed medication. I personally accept all risks involved in taking the prescribed medication. e. I appreciate that no health professional may guarantee that the medication prescribed shall have the desired effects or will provide the results I seek. f. Further regarding my use of the web sites affiliated to Brick and Click , I have used and shall always use these facilities for the purpose only of seeking medical treatment, not for stockpiling drugs to an already adequate supply. g. I understand and agree that: Brick and Click shall not be liable for any acts or omissions of its contracting Prescribing Physicians, the Prescribing Pharmacy and of my Primary Physician in advising me or communicating with me with regard to the prescribed medication. h. The liability if any, of Brick and Click shall extend only up to such amount as may represent the purchase price of any medication and products concerned in any relevant transaction. 19. I agree to release Brick and Click , its employees, agents, principals, corporate affiliates and all related parties from any liability arising from my consumption of prescribed medications and for medical, physical or behavioural and other effects of any medication that I may take as a result of my seeking a consultation via the Internet. 20. I agree that if any court should find any part or provision of this agreement to be void or unenforceable, the void or unenforceable part of the agreement shall be excised from the whole agreement, the remainder of which I accept shall remain binding on me, and of full force and effect. What information are you collecting and how are you collecting it? Our Web servers also collect information about the type of Internet browser you are using, operating system, as well as which of Brick and Click's Web pages you have accessed. This information is used to help our team develop Web sites to display properly for the majority of our visitors. Our Web servers do not automatically record e-mail addresses of the visitors. Does Brick and Click use cookies? Accepting cookies through your browser is a personal choice. You can sill enjoy Brick and Click's Web sites if you choose not to accept cookies. What information do you collect when I complete the "Contact Us" form? Your email address may be entered to receive Brick and Click's electronic newsletter. You can un-subscribe to this Newsletter at anytime. Will you disclose the information you collect to outside third parties? Brick and Click will disclose personal information and/or an IP address, when required by law or in the good-faith belief that such action is necessary to: What safeguards are in place? What else should I know about my privacy when online? Please keep in mind that whenever you voluntarily disclose personal information online - for example through e-mail, discussion lists, or elsewhere - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you're online. Consent To This Agreement Please send any questions about Brick and Click's Privacy Policy to:
email: privacy@brickandclick.net
Candover UK and Candover USA are termed as an “online pharmacy” or "internet pharmacy" whereas they are actually a facilitator of non controlled prescription drug order requests placed on internet websites by customers being dispensed and shipped on mail order by a licensed “brick and mortar” pharmacy resulting from electronic prescriptions issued by a licensed physician based on an online medical questionnaire completed by the customer and this is reviewed by the physician prior to issuing a prescription or declining the order request.
US and other country individual residents that import non controlled prescription drugs for their personal use into their country are doing so at their own risk. This is one of the key elements to the legality of the non controlled prescription drug mail order business model operating from a registered pharmacy. Candover Pharmacy only ships prescription drug orders to an individual patient. These patients are the importers of the order, for their personal use, into their country of residence. Ownership of the order changes hands from Candover Pharmacy to the patient when the order ships. Thus the onus is on the patient as the importer to ensure that he/she is compliant with his/her state or country laws regarding the importation, for personal use, of a non controlled prescription drug.
In the US the FDA permits the importation by individuals of non controlled prescription drugs for their own use under the FDA Personal Importation Policy.
The validity of prescriptions for non controlled prescription drugs is governed in the US by FFDCA 21 U.S.C. § 353(b). This Federal law dealing with prescriptions for non controlled prescription drugs defines a valid prescription as follows:
FFDCA 21 U.S.C. § 331(a) prohibits "the introduction or delivery for introduction into interstate commerce of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded." In terms of FFDCA 21 U.S.C. § 353(b), a drug will not be considered misbranded if "dispensed (i) upon a written prescription of a practitioner licensed by law to administer such drug, or (ii) upon an oral prescription of such practitioner which is reduced promptly to writing and filed by the pharmacist, or (iii) by refilling any such written or oral prescription if such refilling is authorized by the prescriber either in the original prescription or by oral order which is reduced promptly to writing and filed by the pharmacist."
Although not specified by the FFDCA laws there is a medical guideline regarding the relationship between physician and patient as to that status making a prescription valid that results from a non "face to face" physician/patient consultation (such as in an online setting). This guideline was adopted by the Federation of State Medical Boards of the United States in 2002 (It should be noted that the Federation has no administration or legal powers but it does serve as a body advising the medical profession). This guideline states:
Every computer connected to the Internet is given a domain name and a set of numbers, that serve as that computer's "Internet Protocol" or IP address. When a visitor requests a page from any Web site within the Brick and Click Network, our Web servers automatically recognize that visitor's domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed our site.
Yes, Brick and Click uses cookies. A cookie is a small piece of data that is sent to your Internet browser from a Web server and stored on your computer's hard drive. Cookies are often used to provide you with a customized experience. At no time is any personal information stored within one of our cookies.
Any information supplied through our contact forms is used to aid our business to respond to your request and provide you with the necessary information.
Brick and Click will not sell or otherwise provide the information we collect to outside third parties for the purpose of direct or indirect mass email marketing.
Brick and Click is obligated to protect your personal information by making reasonable security arrangements against such risks as unauthorized access, use, collection, disclosure or disposal. Security measures have been integrated into the design, implementation and day-to-day operating practices as part of Brick and Click's commitment to protect the personal information it holds.
The Brick and Click Network contains many hyperlinks to third party Web sites. Brick and Click is not responsible for the privacy practices or the content of such third party Web sites or advertisers. Brick and Click does not share any of the individual personal information you provide Brick and Click with the third parties to which Brick and Click links. Please check with those Web sites to determine their privacy policy.
By using the Brick and Click Network, you consent to the collection and use of information by Brick and Click as specified above. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
We accept:
