Terms of service

At Rx Delivered Now, your privacy is important to us. In this Privacy Policy, we tell you what information we collect, share with others, and how we use it.

Scope of this Privacy Policy

Rx Delivered Now (“Rx Delivered Now,” “we,” “our,” and/or “us”) values the privacy of individuals who use our website and mobile apps (collectively, our “Platform”).

This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from Rx Delivered Now’ users (“Users”). It applies to our customers (“Customers”), individuals who deliver products requested by Customers through our Platform (“Couriers”), anyone who signs up to become a Courier (“Prospective Couriers”), businesses selling products through our Platform (“Pharmacies”), and other partners and/or end users who use our Platform to facilitate delivery and/or sale of products (“Partners”).

By using the Platform, you agree to the Privacy Policy and any future amendments and additions. Your use of our Platform is also subject to our Terms of Service.

1. Information Rx Delivered Now Collects From Users

Rx Delivered Now collects information from its Users. The categories of information we collect are described below in this Section 1.

A. Information You Provide Directly to Us
A. Information You Provide Directly to Us
Customers

Sign Up and Profile Information. When you sign up and/or place an order through Rx Delivered Now as a Customer, you provide us with information, including, but not limited to your name, email address, physical address, and phone number. After registration, Customers can add multiple delivery addresses to their profile. You may be required to provide us with a photograph.

Feedback. We may ask you for feedback on your order, which may include rating of experience, the applicable Pharmacy, and/or the applicable Courier.

Surveys. We may offer an opportunity to participate in surveys, promotions, or contests. When a User participates, we may request certain information which may include name and email address.

Payment Information. When you add a payment card to your Rx Delivered Now account, a third-party payments service provider receives your card information. We do not store full payment card information on our servers.

Active and Prospective Couriers

Sign Up and Profile Information. When you sign up to become a Courier, you may provide us with certain information, including, but not limited to your legal name, date of birth, email address, physical address, phone number, photo, vehicle information, and car insurance information. We share this information with third-party providers who initiate background check reports on you.

Additional information about the third parties who run the background checks is provided in Section C below. We may also collect information from you after sign up as is necessary to effectively operate the Platform.

Surveys. We may offer an opportunity to participate in surveys, promotions, or contests. When a User participates, we may request certain information which may include name and email address.

Payment Information. We receive information from Couriers to provide payment and for tax reporting purposes, including but not limited to bank account and tax information.

Pharmacies and Partners

Profile Information. A Pharmacy who signs up for our Platform or a Partner who utilizes our Platform provides us with certain information, including, but not limited to contact name, phone number, email address, physical address, hours, pick up instructions.

Payment Information. We may receive Pharmacy’ bank account information to provide payment as well as any other information necessary to set up payment.

All Users

Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support team, we will receive your name, email address, and the contents of any message or attachments that you may send to us, as well as any other information you choose to provide.

Feedback. Customers and Couriers may be able to rate and review each other at the end of every delivery. Customers may be able to see a Courier’s aggregate ratings during a delivery. After a delivery, we may share feedback or comments that Customers provide with Couriers and/or Pharmacies, but we will not identify the Customer. If you are a Customer and do not want a Courier to know you provided certain feedback or comments, please do not include identifying information in that feedback or those comments. We may also share with Couriers their aggregate ratings. Customers may also provide us information and feedback related to your experience on the Platform, including, but not limited to order reviews, Pharmacy reviews and Pharmacy ratings.

RX DELIVERED NOW PLATFORM TERMS & CONDITIONS

These Terms provide that with limited exceptions covered by Section 17.3 of these Terms all disputes between you and Rx Delivered Now arising out of or relating to these Terms or your use of the PLATFORM (the “Disputes”) will be resolved by BINDING ARBITRATION. For such Disputes, YOU WAIVE YOUR RIGHT TO bring a class or representative action, or GO TO COURT under these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims must be brought individually and not as a class or representative action. Please review Section 17 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to individually arbitrate any Disputes with Rx Delivered Now.

Thank you for your interest in the Rx Delivered Now application for your mobile device (the "App") provided to you by Rx Delivered Now Inc. ("Rx Delivered Now", "us" or "we"), and our web site at RxDeliveredNow.com (the "Site"), as well as all related web sites, networks, and downloadable software provided by us and on which a link to these Terms of Service is displayed (collectively, together with the App and Site, our "Platform"). These Terms of Service (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Platform. These Terms constitute a legal agreement between you and Rx Delivered Now. In order to use the Platform you must agree to these Terms.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM.

RX DELIVERED NOW PLATFORM

The Platform connects consumers (“Patients”) with pharmacies, and with independent contractor couriers (“Couriers”), to facilitate on-demand delivery or direct pickup services. Through the Platform, both pharmacies and consumers may request that prescriptions or merchandise be made available to be delivered to them from a Pharmacy by Couriers who contract with Rx Delivered Now to access the Platform and receive delivery opportunities.   The recipient may be the Patient, the Patient’s child or dependent, or someone else for whom the Patient has the authorization to have prescriptions delivered by service providers or contractors under agreement with Rx Delivered Now and to obtain access (or purchase access) to these delivery services. 

Rx Delivered Now is not a retail store, prescription drug delivery platform, merchandise delivery platform or pharmacy. Rx Delivered Now is not liable or responsible for Pharmacy’s compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. In addition, Rx Delivered Now does not guarantee the quality of what Pharmacies sell and does not independently verify, and is not liable for, representations made by Pharmacies regarding their products on the Platform.


Rx Delivered Now is not the retailer of any products offered by Pharmacies, nor is it in the delivery business or a common carrier. Rx Delivered Now provides a technology platform facilitating the transmission of orders by consumers to Pharmacies for pickup or delivery by Couriers. Couriers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of Rx Delivered Now. Couriers have entered into independent contractor agreements with Rx Delivered Now, which require them to comply with all applicable federal, state, and local laws, rules and regulations. Rx Delivered Now shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them. You hereby acknowledge that Rx Delivered Now does not supervise, direct, control, or monitor a Courier’s provision of services and expressly disclaims any responsibility or liability for the services performed.

Rx Delivered Now is committed to ensuring that the prescriptions or merchandise ordered by a consumer is delivered in a manner consistent with consumer’s expectation.

As provided in greater detail in these Terms, you agree and acknowledge these material terms:


  • The Platform is licensed, not sold to you, and you may use the Platform only as set forth in these Terms;
  • Your use of the Platform may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
  • You consent to the collection, sharing, and use of your personally identifiable information in accordance with Rx Delivered Now’ Privacy Policy and HIPAA;
  • The Platform is provided "as is" without warranties of any kind, and Rx Delivered Now’ liability to you is limited; and
  • Disputes arising under these Terms will be resolved by binding individual arbitration.

1. Eligibility

You must be at least eighteen (18) years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.


2. Accounts and Registration

To access some features of the Platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center. Rx Delivered Now will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Rx Delivered Now or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

3. Scope of License

The Platform is licensed, not sold, to you for use only under the terms of this license. Rx Delivered Now reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Rx Delivered Now hereby grants you a personal, limited, non-sublicensable, non-transferable, and revocable license to access the Platform on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform. Rx Delivered Now may revoke this license at any time, in its sole discretion.

You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Rx Delivered Now that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.


4. Payment Terms

4.1. General Payment Terms

Platform

Certain features of the Platform, including placing delivery orders, may require you to pay fees to Rx Delivered Now. Rx Delivered Now may change, or add, fees for use of our Platform at any time as we deem necessary or appropriate for our business. You will have an opportunity to review and accept an estimate of the fees that you will be charged, as applicable. The final fees may differ from the estimate. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee. We encourage you to check our Site or visit our Help Center periodically to learn more about how we charge for the Platform

Rx Delivered Now has no obligation to itemize its costs, profits or margins when publishing prices on the Platform and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Platform provided under these Terms (other than taxes based on Rx Delivered Now’ income).

Rx Delivered Now will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. We may also place a pre-authorization hold on your payment method, as described in Section 4.3.

Charges paid by you are final and non-refundable, except as expressly provided in Section 4.2, and will be quoted in the local currency of the location where the order is being delivered or picked up. Except as expressly provided in Section 4.2, Rx Delivered Now has no obligation to provide refunds or credits. However, Rx Delivered Now, in its sole discretion, may provide Patients or Pharmacies with refunds and courtesy delivery or with different features and different rates to any consumers, which are subject to these Terms (see Credits section below).

4.2. Unlimited Subscription

Rx Delivered Now Unlimited (“Unlimited”) is offered as a monthly, quarterly or yearly pre-paid subscription to the Platform on a per account basis. By signing up for Unlimited and providing us with your payment account information, you are signing up to an auto-renewing subscription requiring recurring payments and agree to pay the then-current applicable fee associated with the subscription.

If you sign up for the monthly subscription, you will be charged your first monthly subscription fee and any applicable taxes on the date you purchase your subscription or, if your subscription includes a free trial, on the day after your free trial ends. Your subscription will automatically continue on a monthly basis, and you will continue to be charged on a monthly basis at the then-current price (including any applicable taxes), until you cancel your subscription or we terminate it. If you sign up for the quarterly or yearly subscription, you will be charged your first upfront, non-refundable (except as described below) yearly subscription fee and any applicable taxes on the date you purchase your subscription or, if your subscription includes a free trial, on the day after your free trial ends. Your subscription will automatically continue on a quarterly or yearly basis at the then-current price (including any applicable taxes), and you will continue to be charged on a yearly basis, until you cancel your subscription or we terminate it.

If your subscription includes a free trial, you will not be charged the applicable subscription fee during your free trial. To obtain the free trial you will be required to provide a credit card in order to ensure uninterrupted access to Unlimited and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid Unlimited subscription and your payment method will be charged the applicable fee unless you have cancelled your Unlimited subscription. If your subscription includes an initial discount, you will be charged the then-current monthly or yearly subscription fee once the discount period is over. You may cancel your Unlimited subscription as described below. You may not receive a notice from us that your free trial or discount period has ended or that the paying portion of your Unlimited subscription has begun. You are only permitted one free trial. If your Unlimited subscription is ever terminated for any reason, and you purchase an additional Unlimited subscription, you shall not be eligible for a free trial on any subsequent Unlimited subscriptions.

We may change the subscription terms or fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change your subscription before applying those changes to your account or charging your payment details in connection with an automatic renewal. The notification will inform you of how long you have to change your subscription before the changes become effective. Your continued use of Unlimited after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward. For information on the monthly and yearly subscription fees and terms, please visit our Help Center.

You may cancel your subscription by submitting a written 30 Day Notice to Rx Delivered Now. You must cancel your subscription before it renews to avoid billing of the next periodic subscription fees to your account. However, if you cancel a pre-paid yearly or monthly subscription, you will not receive any refund. If you cancel your monthly or yearly subscription, you will be able to use your Unlimited subscription for the remainder of your pre-paid subscription term.

We may terminate your subscription for Unlimited at our discretion and without any notice. If we cancel your yearly subscription for Unlimited, we will give you a prorated refund based on the amount of time remaining in your pre-paid subscription; provided, however, that Rx Delivered Now will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Platform violates these Terms or has harmed another user.

***Any delivery request placed outside of the arranged pick up time between Rx Delivered Now and the Pharmacy is not subject to Unlimited drop pricing***


4.3. Payment Authorization

You authorize Rx Delivered Now to charge all sums for orders that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. When you place a delivery request through Rx Delivered Now, a temporary pre-authorization hold is placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total quoted at checkout. However, your payment will be captured up to 24 hours after your order is completed or cancelled. In the event that the pre-authorization is greater than the final amount, the difference will be released after your order is completed or cancelled; depending on your bank, it may take up to 5 business days to receive access to these released funds. In the event that the pre-authorization is lower than the final amount, we will either authorize an increase in the original amount or, if unsuccessful, we will capture the increase in amount owed by you in a second authorization.


Rx Delivered Now also places an initial temporary pre-authorization hold on each new payment method you add to your account.

Rx Delivered Now reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.

4.4. Delinquent Accounts