Terms and Conditions
TERMS AND CONDITIONS OF USE
Home Delivery (HD)
1. Consent to the Terms of Use
Home Delivery (“HD”) is a mobile application (and website) through which the patient or their representative can request the dispensing of a prescription for delivery t o their home or workplace. The application is owned by a third-party contractor. Medications will be dispensed by Alivia Home Delivery, LLC, a duly licensed pharmacy in Puerto Rico. Deliveries will be carried out by a courier contracted by the pharmacy (each of these third-party entities, a “Third-Party HD Entity,” and collectively, the “Third-Party HD Entities”). For the purposes of these Terms of Use, HD, the Third-Party HD Entities, and their respective affiliates and subsidiaries will collectively be referred to as the “HD Entities.”
Your access to the mobile applications and websites used as part of the HD service is subject to the Privacy Policy and these terms, conditions, and Disclaimers and Express Consent (“Terms of Use”).
BY USING HD, YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU MAY NOT USE HD.
HD may change, modify, add, or remove portions of these Terms of Use at any time. You should periodically review these Terms of Use to stay informed about any changes. Your continued use of HD after changes have been incorporated into these Terms of Use will mean that you accept and agree to such changes. As long as you comply with these Terms of Use, HD grants you a personal, non-exclusive, non-transferable, and limited privilege to access and use the HD services.
2. Content
All information, data, software, photographs, graphics, videos, texts, images, fonts, sounds, and other materials (collectively, “Content”), including but not limited to the selection, coordination, arrangement, and enhancement of such Content contained in the HD application, is owned, controlled, or licensed by HD and is subject to laws protecting trade secrets, patents, trademarks, copyrights, as well as other intellectual property and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of HD and no Content may be copied, reproduced, republished, uploaded, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any computer, server, website, or other media for publication or distribution, or for any commercial purpose, without prior written consent from HD.
You may not modify, remove, delete, enhance, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or otherwise exploit the Content, in whole or in part. If specific restrictions are not indicated, you may make copies of specific portions of the Content, provided that such copies are made for your personal, non-commercial use and you do not alter or modify the Content in any way, and you retain any copyright, trademark, or other proprietary notices contained in the Content.
3. Health-Related Content
Any health-related Content found on HD describes general healthcare principles that should not be interpreted as specific instructions for a particular patient. The information is not intended to replace medical consultation and should not be used to diagnose or treat a health condition without consulting your physician. This information is for reference purposes only and should not be used to determine your medical treatment for specific conditions—only a healthcare professional can do that.
HD and the health information and resources contained therein do not constitute medical, nursing, or healthcare professional advice or services, nor do they constitute the practice of medicine, nursing, or any other healthcare profession in any jurisdiction. You should discuss the information contained in HD with a doctor, pharmacist, nurse, or other healthcare professional of your choice. You should also verify product information (including packaging inserts) regarding dosage, precautions, warnings, interactions, and contraindications before using any equipment, medication, herb, vitamin, or supplement provided through HD.
You understand and agree that, under no circumstances, HD or the HD Entities shall be responsible for any decision made or action taken based on the information contained in or accessible through HD. Any reliance on the information provided by or appearing on HD is at your own risk.
A proper health condition treatment depends on numerous factors, including but not limited to your medical history, diet, lifestyle, and medication regimen. Your healthcare provider is best suited to analyze and address your individual health needs. You should consult your healthcare provider before starting any new diet, exercise, or supplement regimen. If you are experiencing a health crisis, please call 911 or contact the nearest emergency facility immediately.
4. Express Disclaimers and Consent
TO USE HD, YOU MUST READ AND EXPRESSLY AGREE TO THE FOLLOWING DISCLAIMERS AND TERMS. IF YOU DO NOT AGREE WITH EACH OF THESE DISCLAIMERS AND TERMS, DO NOT USE HD.
Specialized Medications
HD does not provide dispensing services for specialized medications. You must use your specialized medication provider for these types of prescriptions.
Pharmacist Counseling and Prescription Delivery
By accepting these Terms of Use, you expressly consent to the following:
1. Pharmacist Counseling and Delivery. You have the right to receive counseling from a licensed pharmacist by phone during business hours to ask questions about your prescription medications. HD staff and/or a pharmacist may also contact you by phone at their discretion.
2. Prescription Medication Delivery. Medications ordered through HD will be delivered by a courier contracted by Alivia Home Delivery, LLC. By using this service, you authorize HD, the HD Entities, and/or their respective affiliates and contractors to deliver your medications to your designated address and authorized representative if applicable. This authorization includes, but is not limited to, collecting and using your health and personal information as reasonably necessary to deliver your order.
If you want your medications to be delivered personally by a pharmacist, you should not use HD.
Medication Substitution Disclaimer
By submitting your prescription through HD, you expressly agree to the substitution or exchange of your medications for bioequivalent versions (unless the prescribing physician explicitly writes "Do not substitute" for a particular medication). If you do not agree with the substitution of a specific medication, please contact HD immediately to request the brand-name version of the prescribed drug. If you do not contact HD promptly, your order will be processed.
5. Prescriptions and Delivery
By placing a prescription medication order through HD, you agree to the following terms:
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No prescription medication will be dispensed without a valid prescription issued by a licensed physician.
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If you are ordering a prescription medication using a paper prescription issued by a licensed physician:
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You confirm that you will send a photo or scanned copy of your valid prescription through the HD app or website, subject to review and approval by a qualified pharmacist.
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As a condition for delivery, you or your authorized representative must provide the original paper prescription to the courier upon delivery. If you do not provide the paper prescription at the time of delivery, the delivery cannot be completed. This requirement does not apply to electronic prescriptions sent directly to HD by your physician.
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Deliveries can only be made to valid physical addresses. Deliveries cannot be made to PO Boxes or other types of mailboxes (residential or commercial).
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You or your authorized representative must be present at the delivery location to receive the package, sign for it, provide a valid ID, and provide proof of your relationship to the patient (if applicable). If you cannot provide a valid ID, your medications will not be delivered.
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You cannot change a delivery address once your medications have been picked up for delivery by the courier.
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HD reserves the right to cancel your order under certain conditions, such as multiple failed delivery attempts, illegible prescriptions, or suspected fraud
6. Payments and Refunds
All payments for your orders are facilitated by a third-party payment processing service (the “Payment Processor”). To make payments, you must agree to the terms of service of the Payment Processor.
You may voluntarily choose to save your payment information (e.g., credit card number, addresses, etc.) with the Payment Processor at your discretion. HD does not collect or store your payment information, nor does it require you to save your payment information with the Payment Processor as a condition of using HD.
HD may replace its Payment Processor without prior notice.
You may cancel your order in accordance with the Return Policy. Refunds will be processed in accordance with the terms set forth in the Return Policy.
7. Third-Party Website Links
HD may contain links to other independent third-party websites. These links are provided for reference only. HD does not control these third-party websites and is not responsible for, nor does it endorse, their content, resources, or any services offered through them.
8. Privacy
Please review the Privacy Policy, which also applies to your use of HD.
9. Electronic Communications
When you use HD or send emails to us, you are communicating with us electronically. You consent to receive electronic communications from us. We will communicate with you via email, text messages, push notifications, or messages within HD. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
10. User Conduct
You must be at least 18 years old to use HD. If you are under 18, you may use HD only with the consent of a parent or legal guardian. We do not knowingly collect personal information from children under 13 years old without parental consent.
You agree not to disrupt or attempt to disrupt the operation of HD or interfere with any other person’s use of HD. Conduct that, at our discretion, restricts, inhibits, or interferes with another user's ability to enjoy HD—including hacking, defacing, password mining, spamming, flooding, or other disruptive activities—is prohibited.
You may not use HD or its Content for any unlawful purpose or in violation of these Terms of Use, or to solicit the performance of any illegal activity. You are prohibited from transmitting through HD any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, or racially or ethnically offensive material, including any material that encourages conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
If we determine that your use of HD violates these Terms of Use or any applicable law, or is otherwise inappropriate, we reserve the right to terminate or suspend your access to HD without notice.
11. Accounts, Passwords, and Security
Certain information or services offered through HD may require you to create an account (including a username and password). You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use of your password or account or any other security breach.
For security purposes, you agree to provide true, accurate, current, and complete information about yourself when creating an account. If you provide false, inaccurate, or outdated information, we may suspend or terminate your account without notice.
By using HD, you acknowledge that internet transmissions are never completely private or secure. You understand that any message or information you send through HD may be read or intercepted by others, even if there is a special notice indicating that a particular transmission is encrypted.
Your account information and other details about you are subject to the Privacy Policy.
12. Mobile Phone Policy
By providing your mobile phone number to HD, you expressly consent to receiving calls and text messages at that number—either manually or via an automated system—from HD, the HD Entities, and any of their affiliates or contractors.
13. Disclaimer of Warranties
THE HD ENTITIES DO NOT GUARANTEE THAT HD OR ANY CONTENT, SERVICE, OR FEATURE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. HD AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND.
THE HD ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, AND OTHER RESOURCES AVAILABLE THROUGH HD, INCLUDING WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF HD AND ANY LINKED WEBSITES. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH HD OR ITS CONTENT IS TO STOP USING HD.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HD OR THE HD ENTITIES BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM:
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THE USE OR INABILITY TO USE HD
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THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES
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UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
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STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON HD
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ANY OTHER MATTER RELATED TO HD
IF LIABILITY IS DETERMINED, HD'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID FOR THE SERVICE OR PRODUCT.
15. Indemnification
You release HD, the HD Entities, and their officers, directors, employees, and agents from any claims, losses, liabilities, or expenses (including legal fees) arising from your violation of these Terms of Use or your use of HD.
16. Governing Law and Dispute Resolution
All matters related to your use of HD shall be governed by the laws of Puerto Rico. Any disputes shall be resolved in the state and federal courts of San Juan, Puerto Rico, and you waive any objections to jurisdiction or venue in those courts.
17. Copyrights and Trademarks
The names, logos, and all Content in HD are the exclusive property of HD or its licensors and are protected by copyright, trademark, and other intellectual property laws. Unauthorized use may result in legal penalties.
18. Force Majeure and Export Restrictions
HD is not liable for failure to perform due to causes beyond our control, including power outages, internet failures, natural disasters, wars, or government actions.
HD is intended for U.S. and Puerto Rico residents only, and deliveries are restricted to Puerto Rico.
19. Adverse Events
Please do not report any adverse drug reactions through HD. Instead, consult your physician immediately.
If required by law, HD will report adverse events to the FDA or relevant state and federal agencies.
20. Non-Discrimination Notice
Some health plans, including Medicare Plans, must not discriminate based on race, color, national origin, sex, age, or disability.
If you need assistance, call your health plan’s customer service. If you believe you were discriminated against, you may file a complaint with the U.S. Department of Health and Human Services at:
200 Independence Avenue SW., Room 509F, HHH Building, Washington, DC 20201
https://ocrportal.hhs.gov/ocr/portal/lobby.jsf
21. Contact Information
If you have questions about these Terms of Use, please email us at:
Email: homedelivery@aliviahealth.com
Effective Date: May 1, 2020
