Placing an Order:
Authorization to Contact You:
You agree to be contacted by the Licensed Pharmacies or by DAT ESSAWARY at the mobile telephone number you provide for the purpose of confirming your prescription and scheduling the delivery of your prescribed medication. By using the Services, you agree to receive email, and/or SMS (text) message notifications containing Personal Information on your mobile device via an unsecure channel. This is your personal choice, and we encourage you to protect this information carefully. No Pharmacy-Patient or Doctor-Patient Relationship; No medical or pharmacy advice: NO PHARMACY-PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND DAT ESSAWARY BY USING THE SERVICES INCLUDING ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU PROCESS YOUR PRESCRIPTION. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY PHARMACY DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. We have no control over, and cannot guarantee the availability of any pharmacy at any particular time. We will not be liable for canceled or otherwise unfulfilled orders or any injury resulting therefrom, or for any other injury resulting from the use of the App or Services whatsoever or taking medication. You acknowledge that although you may send a digital image of a prescription via the App, DAT ESSAWARY only routes your prescription to a Licensed Pharmacy. Sending your prescription to a Licensed Pharmacy does not create a pharmacy-patient relationship between you and DAT ESSAWARY and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with filling a medical prescription from a Licensed Pharmacy.
DAT ESSAWARY DOES NOT ENDORSE OR RECOMMEND ANY PHARMACY, HEALTHCARE PROVIDER, OR PRESCRIPTION DRUG. DAT ESSAWARY DOES NOT MAKE ANY GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR ANY INFORMATION PROVIDED TO YOU BY ANY THIRD PARTY. YOU ACKNOWLEDGE THAT IN NO EVENT SHALL DAT ESSAWARY BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY YOU OR ANY OTHER PARTY IN RELIANCE ON ANY SUCH INFORMATION.
We may alter, suspend, or discontinue our Platform or Services in whole or in part, at any time and for any reason, with or without notice. In addition, one or more features of the Platform or Services may be temporarily unavailable from time to time for maintenance or some other purpose. We may, in our sole discretion, terminate or suspend a User’s access to our Platform or ability to use our Services, in whole or in part, at any time for any reason, with or without notice, including but not limited to a breach or suspected breach of this Agreement or a violation or suspected violation of law by the User. If DAT ESSAWARY notifies a User that the User’s access to our Platform or ability to use our Services is terminated or suspended, such User shall immediately cease and desist from all such access or use.
Limitations of Liability:
Disclaimer of Warranties:
WE PROVIDE THE APP AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE APP, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICES PROVIDED BY ANY LICENSED PHARMACY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, DAT ESSAWARY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE APP OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. DAT ESSAWARY DOES NOT WARRANT THAT THE APP OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR APP ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over the services provided by the Licensed Pharmacies to you. If you have a dispute with any Licensed Pharmacy, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.