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Terms and Conditions

BY OPENING AN ACCOUNT AND/OR PLACING AN ORDER FOR PHARMACEUTICALS WITH SILVER TOKEN LTD OVER ANY OF ITS WEBSITES, YOU AGREE THAT ALL RESULTING SALES OF PHARMACEUTICALS TO YOU BY SILVER TOKEN Ltd WILL BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

Definitions: In these terms and conditions:

“Customer” means a person who has opened an account with Silver Token Ltd and placed an Order over any of the Websites.

“Order” means an order placed by a Customer over the Website for the sale of Pharmaceuticals by Silver Token Ltd to the Customer.

“Prescribing Physician” has the meaning given to it in clause 1(e).

“Silver Token” means Silver Token Ltd Limited.

“Pharmaceuticals” means any pharmaceuticals advertised for sale over the Website from time to time and, in relation to an Order, the pharmaceuticals described in that Order.

“Order” means an order, placed by the Customer over the Website, for the purchase of Pharmaceuticals.

“Website” means the website operated by Silver Token Ltd on which these terms and conditions are posted.

“Written Prescription” has the meaning given to it in clause 1(e).

1. The Customer warrants that:

(a) all information and details provided by the Customer to Silver Token Ltd (whether when opening an account with Silver Token, placing an Order, communicating with Silver Token Ltd in any way over the Website, providing information on request by Silver Token Ltd or otherwise), are when provided, and remain, true and correct in every respect.

(b) the Customer will fully disclose to Silver Token Ltd all pertinent information and documentation in relation to each Order.

(c) he/she is of the age of majority in the jurisdiction of his/her residence and is lawfully entitled under the laws of such jurisdiction to acquire any and all pharmaceuticals included in any Order.

(d) he/she is not restricted from making his or her own medical decisions under the laws of the jurisdiction of his/her residence.

(e) any Pharmaceuticals ordered were lawfully prescribed to the Customer by a medical doctor licensed to practice medicine in the jurisdiction of the Customers residence (the “Prescribing Physician”) under a written prescription for the same.

(f) the Pharmaceuticals ordered will be used only as directed by the Prescribing Physician and only by the person for whom the Pharmaceuticals were prescribed.

(g) the Customer will stop using the Pharmaceuticals immediately he or she suffers any unexpected side effects or reactions and will consult his or her Prescribing Physician.

2. The Customer acknowledges and understands that Silver Token Ltd is relying on the Customer’s warranties stated above in accepting any Order from the Customer and supplying any Pharmaceuticals to the Customer and otherwise dealing with the Customer in any respect.

3. The Customer undertakes to notify his or her Prescribing Physician of any material changes to his/her physical or medical condition (apart from improvements expected as a result of using the Pharmaceuticals), whether or not such change in the Customer’s physical or mental condition occurs before or after the use of the Pharmaceuticals.

4. The Customer acknowledges and understands that:

(a) by supplying Pharmaceuticals to the Customer, Silver Token Ltd does not undertake any duty, responsibility or liability to make any assessment of, or decisions about, the Customer’s medical condition or the suitability of the Pharmaceuticals for treating the Customer’s medical condition, and such duty, responsibility and liability remains with the Customer and his or her Prescribing Physician.

5. Placement of an Order by a Customer constitutes an offer by the Customer to purchase the Pharmaceuticals described in the Order at the prices stated on the Customer Order Form. Silver Token Ltd reserves the right to accept or reject any Order without giving any reasons. No contract of sale is formed between Silver Token Ltd and the Customer unless and until the Order is accepted by Silver Token Ltd by shipping or arranging the shipping of the Order.

6. By opening an account and placing an Order with Silver Token, the Customer agrees to pay Silver Token Ltd the price(s) for the Pharmaceuticals contained in each Order and authorizes Silver Token Ltd to charge to the Customer's credit card the total price shown in the Order including shipping charges. In the event that payment is not authorized or made for any reason, Silver Token Ltd reserves the right to cancel the Order and/or withhold shipment of the Pharmaceuticals. If the customer places an order requiring a prescription, the customer authorizes Planetdrugsdirect to obtain a prescription directly from the prescribing physician if the prescription provided by the customer has expired or is incorrect in any way.

7. Silver Token Ltd reserves the right to change the prices of Pharmaceuticals at any time by notification on the Website, except that it may not change the price of Pharmaceuticals comprised in an Order once that Order has been accepted by it.

8. The Customer acknowledges and agrees that Silver Token Ltd may engage any third party pharmacy or fulfilment company to dispense or supply any or all of the Pharmaceuticals under, or otherwise fulfil, any Written Prescription/Order.

9. The Customer agrees to phonecalls placed to Silver Token Ltd being recorded for quality assurance reasons.

10. To the maximum extent permitted by law:

(a) All warranties, representations and undertakings as to the quality, fitness for purpose, or otherwise in relation to the Pharmaceuticals are excluded.

(b) None of Silver Token, its directors, officers, shareholders, employees, agents, contractors, independent contractors, Contracting Physicians or pharmacists (collectively “Releasees”) will have any responsibility or liability, nor be made subject to any demand or claim, for any damage, loss, injury, sickness, illness, or other detriment of any nature or kind whatsoever suffered by the Customer (and whether in contract, tort, equity or otherwise) in connection with the use of the Website and/or ordering, receiving or use in any manner whatsoever of the Pharmaceuticals, or arising from any act or omission, whether negligent or otherwise of any Releasee, and the Customer hereby releases and forever discharges each of the Releasees absolutely from any and all such claims, demands, liabilities or other detriments.

(c) If the Customer is lawfully entitled to make any claim against Silver Token Ltd notwithstanding the above provisions:

(i) Such claim must be made within 2 months of the date of shipment of the Pharmaceuticals by Silver Token. No claim will be valid unless made within this period.

(ii) The maximum amount for which Silver Token Ltd will be liable to the Customer in respect of such claim is US$100.

(d) The Customer indemnifies the Releasees from and against any damage, loss, injury, sickness, illness, or other detriment of any nature or kind whatsoever and the reasonable legal costs of the Releasees, suffered by the Releasees or any of them as a result of breach of any of these terms and conditions or breach of any laws in the country of residence of the Customer in connection with the supply of the Pharmaceuticals by Silver Token Ltd to the Customer.

11. Silver Token Ltd does not permit any return, exchange, or refund in relation to any Pharmaceuticals once the Pharmaceuticals have been mailed or shipped by Silver Token Ltd or the dispensing pharmacy or fulfilment agent as engaged by Silver Token Ltd (as applicable), and any return, exchange or refund is at the sole discretion of Silver Token.

12. The Customer acknowledges and agrees that any and all agreements reached or contracts formed and transactions undertaken with or involving Silver Token Ltd as a result of acceptance of any Order by Silver Token Ltd or otherwise via the Website shall be deemed to be made in, and shall be governed by, the laws of the country in which Silver Token Ltd is incorporated, and that the courts of that country shall have sole and exclusive jurisdiction over any dispute that arises between the Customer and Silver Token Ltd.

13. The Order and these terms and conditions constitute the entire agreement between Silver Token Ltd and the Customer concerning the purchase of the Pharmaceuticals comprised in any Order. In particular, in purchasing the Pharmaceuticals, the Customer has not relied upon any representation or warranty, which is not expressly written and contained in these terms and conditions.

14. Silver Token Ltd and the Customer agree that the United Nations Convention on the International Sale of Goods is excluded and will not apply to any contract for the sale of Pharmaceuticals resulting from the acceptance by Silver Token Ltd of any Order.

15. The Customer agrees to comply with any statements, policies (whether regarding the use of the Website or otherwise) and instructions posted by Silver Token Ltd on the Website from time to time as though the policies and instructions formed part of these terms and conditions. Silver Token’ Privacy Statement is posted on the Website at all times.

16. The company administrating Silver Token Ltd is based in the Republic of Seychelles.

17. Any credit card billing transactions will appear on the Customer's statement as "Everest Pharma".

18. Silver Token Ltd may send notices to the Customer at any of the contact details (including email address) contained in the Customer’s account information. Notices sent by email will be deemed received by the Customer upon sending unless Silver Token Ltd receives notification by email marshal or similar services that the email has not been successfully transmitted to the Customer within 4 hours of sending.

19. If any provision of these terms and conditions is or is deemed to be unlawful, void or unenforceable for any reason, that provision shall be deemed to be severed from these terms and conditions and shall not affect the validity or enforceability of the remaining provisions of these terms and conditions.

20. These terms and conditions may be amended by Silver Token Ltd at any time by posting the amended terms and conditions on the Website, and will apply to any Orders placed by the Customer after the time of posting.

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