Effective Date: 28 September, 2024
1. Introduction
Welcome to RxOnWeb (“we,” “our,” “us”). These Terms of Service (“Terms”) govern your use of our mobile application and services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
2. Acceptance of Terms
By using RxOnWeb, you represent that you have the legal capacity to enter into these Terms and agree to comply with all applicable laws and regulations. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
3. Description of Service
RxOnWeb provides a comprehensive pharmacy management solution, including but not limited to:
- Prescription Refills and Transfers: Streamline prescription refills and transfers between pharmacies.
- OTC Product Store: Manage and sell over-the-counter (OTC) products through an integrated e-commerce platform.
- Patient and Doctor Portals: Facilitate secure communication and management between patients, doctors, and pharmacies.
- Compounding Prescription Management: Create, save, and share compound prescriptions.
- Prescription Delivery: Manage local prescription deliveries efficiently.
- Website Services: Offer customized pharmacy websites with SEO optimization.
- Additional Services: PC support, virtual assistant services, and more.
4. User Accounts
a. Account Registration
To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.
b. Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
c. Account Termination
We reserve the right to suspend or terminate your account if you violate these Terms or engage in any unauthorized or illegal activities.
5. Subscription and Payment
a. Subscription Plans
RxOnWeb offers various subscription plans tailored to meet the needs of different pharmacies:
- Single Plan:
- Up to 40 Requests: Free Forever (limited to 40 requests).
- 1-150 Requests: $0.50 per request per month (resets monthly).
- 150-400 Requests (Starter): $0.40 per request.
- 400-1000 Requests (Business): $0.25 per request.
- 1000-5000 Requests (Growth): $0.15 per request.
- 5000+ Requests (Enterprise): Contact Support.
b. Additional Services
- Website Plans:
- 5 Custom Templates + SEO (3 Months): $999 USD
- Complete Custom Development + SEO: $1499 USD
- Pharmacy PC Support: $39 per year per PC (covers 4 instances annually; unused instances carry forward). Hardware support is charged per request.
- Virtual Assistant (VA) Services: $7 per hour.
c. Billing and Payments
All fees are billed in USD unless otherwise stated. Payments for subscription plans and additional services are due in advance on a monthly or annual basis, depending on the selected plan. You authorize RxOnWeb to charge your chosen payment method for all fees incurred.
d. Refunds
All fees are non-refundable except as required by law. In the event of termination by RxOnWeb due to a breach of these Terms, a pro-rata refund may be issued at our sole discretion.
6. Fees and Charges
a. Request Fees
Pharmacies will be charged for every request received on their pharmacy dashboard, excluding refill and transfer requests, which are currently free. Additional charges apply for any services opted from RxOnWeb, such as website customization, PC support, and virtual assistant services.
b. Usage Terms
- Requests Include:
- Shop Order Requests
- Compound Rx Received
- Prescription Deliveries
Refill and Transfer Rx requests are exempt from billing at all times.
7. Use of the Service
a. License Grant
Subject to your compliance with these Terms, RxOnWeb grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for managing your pharmacy operations.
b. Restrictions
You agree not to:
- Use the Service for any unlawful purposes.
- Attempt to gain unauthorized access to the Service or its related systems.
- Reverse engineer, decompile, or disassemble the Service.
- Remove, alter, or obscure any proprietary notices on the Service.
- Use the Service in a manner that could damage, disable, overburden, or impair the Service.
c. Content Ownership
All content, features, and functionality on RxOnWeb, including but not limited to text, graphics, logos, and software, are the exclusive property of RxOnWeb or its licensors and are protected by intellectual property laws.
8. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Data Misuse: Use the Service to collect or distribute unauthorized data, including patient information beyond what is necessary for pharmacy operations.
- Spamming: Send unsolicited communications or advertisements through the Service.
- Disruption: Interfere with or disrupt the integrity or performance of the Service.
- Unauthorized Access: Attempt to access data or systems that you are not authorized to access.
9. Termination
a. Termination by You
You may terminate your account at any time by contacting us at
[email protected]. Upon termination, your access to the Service will cease, and your data will be deleted as per our Data Retention policy.
b. Termination by RxOnWeb
We reserve the right to suspend or terminate your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.
c. Effect of Termination
Upon termination, all rights granted to you under these Terms will cease, and you must promptly discontinue all use of the Service. Termination will not affect any rights or obligations that accrued prior to termination.
10. Intellectual Property
All intellectual property rights in the Service and its content are owned by RxOnWeb or its licensors. Nothing in these Terms grants you any rights in or to the Service except for the limited license granted above.
11. Limitation of Liability
To the fullest extent permitted by law, RxOnWeb shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Service.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the Service.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party.
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
In no event shall RxOnWeb’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Service.
12. Indemnification
You agree to defend, indemnify, and hold harmless RxOnWeb and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any content submitted by you.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located within [Your State] for the resolution of any disputes.
14. Dispute Resolution
a. Informal Resolution
Before initiating any formal dispute resolution process, you agree to attempt to resolve any dispute informally by contacting us at
[email protected].b. Arbitration
Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Toms River, NJ , and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
c. Class Action Waiver
You agree that any arbitration conducted will be on an individual basis and that you will not seek to have any dispute decided as a class action or other representative proceeding.
15. Changes to Terms
We may modify these Terms at any time by posting the updated Terms within the Service. Your continued use of the Service after any changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using the Service.
16. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
- Email: [email protected]
- Address: 1625 Jacks Way, Toms River NJ 08755
- Phone: 848-221-8002.
Additional Information
1. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render these Terms unenforceable or invalid as a whole. Such provisions will be deleted without affecting the remaining provisions herein.
2. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and RxOnWeb’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
3. Entire Agreement
These Terms constitute the entire agreement between you and RxOnWeb regarding your use of the Service and supersede all prior agreements, understandings, and representations.
