1 Definitions
In these general terms & conditions, the following terms will mean as follows:
Client: the patient, customer and/or the client, as the case may be.
Services: all care, testing, screening and/or other services offered by Flamingo Pharmacy.
2 Applicability of general terms and conditions
These general terms and conditions apply to all services and any other relationships between the client and Flamingo Pharmacy, its staff or any third parties engaged by Flamingo Pharmacy in the provision of services. The client waives the applicability of his/her general terms and conditions. Any deviation from these general terms and conditions is only applicable if Flamingo Pharmacy has explicitly agreed to this in writing.
3 Party to service agreement
All service agreements are deemed to be entered into by Flamingo Pharmacy as such. Flamingo Pharmacy’s owners, employees and any third parties engaged by Flamingo Pharmacy, shall not be considered as performing the service personally, nor can they be held personally liable in respect of such service. Any claim for damages against natural persons, employees or owners of Flamingo Pharmacy is excluded.
4 Execution of service agreement
In the performance of services Flamingo Pharmacy has an obligation of effort (inspanningsverbintenis) and not an obligation of result (resultaatsverbintenis). Flamingo Pharmacy has an effort obligation to perform the service to the best of its knowledge and ability, but assumes no obligation to deliver a specific result or outcome. No guarantee is provided in respect of results or undisturbed course of service or outcome. Flamingo Pharmacy has the right to have certain work performed by third parties. Flamingo Pharmacy does not have to obtain permission from the client for this. Flamingo Pharmacy shall not be liable for any acts and/or omissions of third parties.
5 Confidentiality
Except as provided otherwise by client’s consent, Flamingo Pharmacy is obliged to maintain confidentiality vis-à-vis third parties who are not involved in the performance of the service. This duty of confidentiality concerns all information of a confidential nature made available by the client to Flamingo Pharmacy. The duty of confidentiality does not apply if there is an obligation under the law to disclose certain information. Flamingo Pharmacy is entitled to use all information for statistical purposes.
6 Personal property
Flamingo Pharmacy is not liable for damage to or loss of the client’s personal property. The client must exercise the necessary care to prevent damage to or loss of his/her property.
7 Provision of information
The client is responsible for providing Flamingo Pharmacy, to the best of the client’s knowledge, with all information and cooperation reasonably required for the proper execution of the service agreement.
8 Identification and authentication
The client must present valid identification document at Flamingo Pharmacy’s first request. Flamingo Pharmacy may also require authentication of the client identity in connection with telephone calls in which personal information may be requested. The client failure to identify himself/herself or to satisfy Flamingo Pharmacy’s authentication requirements, may result in refusal or suspension of service or provision of information by Flamingo Pharmacy.
9 Cancellation or suspension of service agreement
Flamingo Pharmacy reserves the right to refuse, suspend or terminate a service agreement in the event of improper client behaviour towards Flamingo Pharmacy, owners, employees or other clients.
10 Payment terms
Full payment is required before the service begins.
11 Fee changes
Flamingo Pharmacy reserves the right to change its fees without further notice. The new fees will be announced at Flamingo Pharmacy’s location and are applicable as of such announcement.
12 Limitation of liability
Flamingo Pharmacy’s liability, both for direct and consequential damage and insofar as it is covered by its liability insurance, is limited to the amount paid out by the insurer. If the insurer does not pay out or the damage is not covered by Flamingo Pharmacy’s insurance, Flamingo Pharmacy’s liability will be limited to an amount equal to the amount invoiced to the client. Any liability for damage suffered by the client in connection with the exercise of a profession or business (including damage for missed workdays or work hours, lost or deprived profits or revenue) is excluded. All rights of action, claims and other powers of whatever nature vis-à-vis Flamingo Pharmacy related to any service provided by Flamingo Pharmacy, shall expire in any event one year after the moment on which the client is aware or could reasonably be aware of the existence of these rights, claims and powers.
13 Handling compliments and complaints
Any compliments or complaints should be raised with the person providing services or the manager on duty.
14 Information
It is not permitted to use any information, communications, statements or expressions of Flamingo Pharmacy, regardless of form and medium (e.g. written, verbal, website, social media, text messages, printed matter), for any other than their intended purposes without the prior written consent of Flamingo Pharmacy. Although Flamingo Pharmacy strives for its website to display correct information at all times, errors and imperfections cannot be excluded. No rights can be derived from information displayed on Flamingo Pharmacy’s website. Erroneous information can be reported to Flamingo Pharmacy via pharmacist@flamingopharmacy.com.
15 Applicable law / Jurisdiction
All relationships between Flamingo Pharmacy and its clients, as well as those who make use of Flamingo Pharmacy’s services, are exclusively governed by the laws of Turks and Caicos Islands. Disputes arising out of or in connection with this relationship shall be resolved exclusively by the courts of Turks and Caicos Islands.
16 Changes to general terms and conditions
Flamingo Pharmacy reserves the right to modify these General Terms and Conditions and the information stated on the website at any time. A copy of the prevailing text of Flamingo Pharmacy’s General Terms & Conditions will be provided to the client by Flamingo Pharmacy, upon the client’s first request.
These General Terms & Conditions are effective as of January 1, 2021.
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