PHARMIGO TERMS OF USE

Effective Date: [November 4, 2025]

IMPORTANT NOTICE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR PLATFORM. BY CREATING AN ACCOUNT, PLACING AN ORDER, OR USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR PLATFORM OR SERVICES.

1. DEFINITIONS

"Pharmigo," "we," "us," or "our" refers to Pharmigo Technologies Inc., a company incorporated under the laws of Manitoba, Canada.

"Platform" means our website, mobile applications, and any other digital services we provide.

"Services" means the e-commerce platform and delivery services we offer for baby clothing, feeding essentials, baby care products, and related household items.

"User," "you," or "your" refers to any individual or entity accessing or using our Platform or Services.

"Products" means all baby clothing, feeding essentials (including spoons, bowls, and utensils), baby care items, and other merchandise available for purchase through our Platform.

"Pay on Delivery" means our payment option that allows you to pay for your order upon receipt of the Products.

2. ACCEPTANCE OF TERMS

2.1 Agreement to Terms

By accessing or using our Platform or Services, you represent and warrant that:

  • You are at least 18 years of age or the age of majority in your jurisdiction
  • You will comply with all applicable laws and regulations
  • All information you provide is accurate, current, and complete

2.2 Modifications

We reserve the right to modify, amend, or update these Terms of Use at any time without prior notice. Changes become effective immediately upon posting to the Platform. Your continued use of the Platform after changes constitutes acceptance of the modified Terms. We recommend reviewing these Terms regularly. The "Effective Date" at the top of this document indicates when these Terms were last updated.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To place orders and access certain features, you must create an account by providing:

  • Full legal name
  • Valid email address
  • Phone number
  • Delivery address
  • Payment information (for non-Pay on Delivery orders)

3.2 Account Security

You are solely responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Ensuring your password is secure and not shared with others
  • Notifying us immediately of any unauthorized access or security breach

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion if:

  • You violate these Terms of Use
  • You provide false or misleading information
  • Your account is used for fraudulent or illegal activities
  • You abuse our Pay on Delivery service
  • You fail to pay for orders received

4. PRODUCTS AND SERVICES

4.1 Product Information

We strive to provide accurate descriptions, images, and pricing for all Products. However:

  • Product images are for illustrative purposes and may vary slightly from actual items
  • Colors may appear differently depending on your device settings
  • We do not guarantee that descriptions are error-free, complete, or current
  • Product specifications, availability, and prices are subject to change without notice

4.2 Product Availability

  • Products are subject to availability
  • We reserve the right to limit quantities or discontinue Products at any time
  • If a Product becomes unavailable after you place an order, we will notify you and offer a refund or replacement

4.3 Age-Appropriate Products

All Products sold are intended for babies and young children. You confirm that you are purchasing these items for legitimate child care purposes.

5. ORDERING AND PRICING

5.1 Order Placement

When you place an order:

  • You make an offer to purchase the Products at the listed price
  • We reserve the right to accept or decline any order
  • Order confirmation does not guarantee acceptance
  • We may contact you to verify order details before processing

5.2 Pricing

  • All prices are displayed in Canadian Dollars (CAD)
  • Prices include applicable taxes unless otherwise stated
  • We reserve the right to correct pricing errors
  • If a pricing error occurs after you've placed an order, we will notify you and give you the option to proceed at the correct price or cancel

5.3 Order Limits

We reserve the right to:

  • Limit order quantities per customer
  • Restrict orders that appear to be for resale purposes
  • Cancel orders that violate our policies

6. PAYMENT METHODS

6.1 Standard Payment Options

We accept the following payment methods:

  • Credit cards (Visa, Mastercard, American Express)
  • Debit cards
  • Digital wallets (as available)
  • Other secure payment methods displayed at checkout

All payments are processed through secure, third-party payment processors. We do not store your payment card information.

6.2 Pay on Delivery Service

Eligibility

Our Pay on Delivery option is available for:

  • Orders within designated delivery zones
  • First-time customers after verification
  • Orders under specified value limits

Terms and Conditions

By selecting Pay on Delivery, you agree to:

  • Be present at the delivery address during the scheduled delivery window
  • Pay the full order amount in cash or via approved digital payment methods to the delivery person
  • Have exact or near-exact cash if paying in cash
  • Accept that declined or unavailable payment at delivery may result in order cancellation and potential account restrictions

Service Restrictions

We reserve the right to:

  • Suspend or terminate Pay on Delivery privileges for any customer
  • Limit the number of Pay on Delivery orders per customer
  • Restrict Pay on Delivery based on order value, delivery location, or payment history
  • Charge a fee if multiple delivery attempts are required due to customer unavailability

Abuse of Service

Abuse of the Pay on Delivery service includes:

  • Repeatedly failing to be available for delivery
  • Refusing payment upon delivery without valid reason
  • Providing false delivery information

Abuse may result in immediate account suspension and potential legal action to recover costs.

7. DELIVERY

7.1 Delivery Services

  • Delivery times are estimates only and not guaranteed
  • We are not liable for delays caused by circumstances beyond our control
  • You must provide accurate and complete delivery information

7.2 Delivery Availability

  • Delivery is available to addresses within our service areas across Canada
  • Remote or restricted areas may have limited or no delivery service
  • Additional delivery fees may apply to certain locations

7.3 Delivery Timeframes

  • Standard delivery: 24-72 hours within major urban areas
  • Express delivery options may be available for additional fees
  • Delivery times may vary based on location, weather, and other factors

7.4 Failed Deliveries

If delivery cannot be completed due to:

  • Incorrect or incomplete address information
  • Customer unavailability during delivery window
  • Refusal to accept delivery
  • Inability to verify identity or payment for Pay on Delivery orders

We may charge redelivery fees or cancel the order. For Pay on Delivery orders, failure to complete delivery may result in account restrictions.

7.5 Delivery Acceptance

By accepting delivery, you:

  • Confirm that the order is as expected
  • Assume responsibility for the Products
  • Acknowledge that the Products are in satisfactory condition

Inspect Products immediately upon delivery. Report any issues within 24 hours.

8. RETURNS, REFUNDS, AND CANCELLATIONS

8.1 Return Policy

We accept returns of unused Products in original packaging within 14 days of delivery if:

  • The Product is defective or damaged
  • We delivered the wrong Product
  • The Product does not match the description

8.2 Non-Returnable Items

The following are not eligible for return:

  • Opened or used Products (for hygiene and safety reasons)
  • Products without original packaging or tags
  • Sale or clearance items (unless defective)
  • Custom or personalized items

8.3 Return Process

To initiate a return:

  • Contact customer service within 14 days of delivery
  • Provide order number and reason for return
  • Await return authorization and instructions
  • Ship or arrange pickup of the Product as instructed

8.4 Refunds

  • Approved refunds are processed within 7-10 business days
  • Refunds are issued to the original payment method
  • For Pay on Delivery returns, refunds may be issued via original payment method or store credit
  • Shipping fees are non-refundable unless we made an error

8.5 Order Cancellation

  • You may cancel orders before shipment by contacting customer service
  • Once shipped, orders cannot be cancelled but may be returned according to our return policy
  • We reserve the right to cancel any order at our discretion

9. PROHIBITED CONDUCT

You agree NOT to:

  • Use the Platform for any illegal or unauthorized purpose
  • Violate any laws or regulations
  • Provide false, inaccurate, or misleading information
  • Impersonate any person or entity
  • Purchase Products for commercial resale without authorization
  • Abuse the Pay on Delivery service
  • Attempt to circumvent security features or access restrictions
  • Use automated systems (bots, scrapers) to access the Platform
  • Interfere with the proper functioning of the Platform
  • Upload viruses or malicious code
  • Harass, threaten, or abuse our staff or delivery personnel
  • Share account credentials with others
  • Create multiple accounts to circumvent restrictions
  • Engage in fraudulent activity

Violation of these prohibitions may result in immediate account termination, legal action, and cooperation with law enforcement.

10. INTELLECTUAL PROPERTY

10.1 Our Rights

All content on the Platform, including text, graphics, logos, images, product descriptions, and software, is the property of Pharmigo or our licensors and is protected by Canadian and international intellectual property laws.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for personal shopping purposes only. You may not:

  • Copy, modify, or distribute our content
  • Use our trademarks or branding without permission
  • Create derivative works from our Platform
  • Reverse engineer any Platform features

11. DISCLAIMERS AND LIMITATION OF LIABILITY

11.1 Service Disclaimer

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties regarding accuracy, reliability, or availability
  • Warranties that the Platform will be uninterrupted or error-free

11.2 Product Disclaimer

  • We are not responsible for the suitability of Products for your specific needs
  • We do not provide medical, health, or childcare advice
  • Always follow manufacturer instructions and safety guidelines
  • Consult with healthcare professionals regarding product use for your child

11.3 Third-Party Services

We use third-party payment processors. We are not responsible for their actions, errors, or service failures beyond our reasonable control.

11.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability for any claim arising from your use of the Platform or Services shall not exceed the amount you paid for the specific order giving rise to the claim
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages
  • We are not liable for lost profits, lost data, or business interruption
  • We are not liable for damages arising from product use or misuse
  • We are not liable for delivery delays or failures beyond our control

11.5 Exceptions

Some jurisdictions do not allow limitations on implied warranties or liability for certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Pharmigo, its officers, directors, employees, agents, and partners from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of the Platform or Services
  • Your violation of these Terms of Use
  • Your violation of any laws or regulations
  • Your violation of any third-party rights
  • False or misleading information you provide
  • Abuse of the Pay on Delivery service
  • Your use or misuse of Products purchased

13. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Platform, you consent to our Privacy Policy.

We collect and process:

  • Contact information (name, email, phone, address)
  • Payment information
  • Order history and preferences
  • Device and usage information

We use this information to:

  • Process and fulfill orders
  • Provide customer support
  • Improve our Services
  • Communicate with you about orders and promotions

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles.

14.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of Manitoba for any disputes arising from these Terms or your use of the Platform.

14.3 Informal Resolution

Before pursuing formal legal action, we encourage you to contact us to seek informal resolution of any dispute.

14.4 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Pharmigo regarding use of the Platform and Services, and supersede all prior agreements.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate or successor without restriction.

15.5 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

15.6 Language

These Terms have been prepared in English. If translated into another language, the English version prevails in case of any inconsistency.

16. CONTACT INFORMATION

For questions, concerns, or complaints regarding these Terms of Use or our Services, please contact us:

Pharmigo Technologies Inc.
Email: contact@pharmigo.co
Phone: +1 (204) 558-8540
Address: 6 EB Claydon Rd, Winnipeg, Manitoba, Canada R2N 0C3

Customer Service Hours:
Monday - Friday: 9:00 AM - 6:00 PM CST
Saturday: 10:00 AM - 4:00 PM CST
Sunday: Closed

17. ACKNOWLEDGMENT

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.

Last Updated

[November 4, 2025]

Version: 2.0