Terms and Conditions

Revised December 1, 2022

 

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

1.  Applicability of Terms and Conditions.

This website, including any content, functionality, and services offered on or through this website and its associated domains and sub-domains (collectively, the “Website”), is operated by Medcare Laboratory Incorporated (“Medcare”) on behalf of the pharmacy, Aafiyah Solutions Incorporated (“Aafiyah,” and together with Medcare, “we,” “us,” and “our”).

These terms and conditions of use (these “Terms”) govern your access to and use of the Website, which is offered to you conditioned upon your acceptance without modification of these Terms. 

These Terms are subject to change at any time without prior written notice by Medcare. The most recent version of these Terms shall be posted for your review at any time on the Website. Please review these Terms in their entirety prior to engaging in any transaction on the Website. Your continued use of the Website after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

By accessing or using the Website or other elements of the Website, or by clicking to accept or agree to these Terms when this option is made available to you, YOU AGREE TO BE BOUND by these Terms, and our Privacy Policy, available at https://medcare.org/privacy-policy/ (“Privacy Policy”), incorporated herein by reference. If you do not want to accept all of the terms, conditions, and notices of these Terms, you must immediately discontinue your use and access of the Website.

2.  Online Orders.

When placing an order on our Website, you are effectively offering to order whatever products and services you select. We reserve the right to accept or reject any order at our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirmation email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirmation email that you provide) at any time at our sole discretion. Additionally, you can cancel your order (in its entirety only) at any time prior to having sent the order confirmation email referenced herein.

3.  Payment Terms.

We only ship U.S. Food and Drug Administration-authorized over-the-counter COVID-19 tests. Medicare patients enrolled in Part B can receive these tests at no cost. Each eligible Medicare recipient can obtain up to 8 tests per calendar month until the public health emergency ends. No co-payment and no shipping and handling charges will be applied. We reserve the right to reject your order for any reason, including if your claim to Medicare is denied. 

4.  Shipping Information.

We will ship your order to you at the address you provide when making the order. You will not be responsible for any associated shipping & handling charges. Most orders are processed within one to three business days before shipment. Once shipped, the estimated delivery time frame is typically three to seven business days. Your shipping confirmation email will provide you with a tracking number. Please allow up to 48 business hours for your tracking link to update. While we agree to use reasonable efforts to meet the shipping and delivery dates provided, we shall not be responsible for any shipment delays.

5.  Subscription Information.

Medicare covers up to eight over-the-counter COVID-19 tests each calendar month at no cost to you. By requesting a subscription, you agree to a monthly shipment of over-the-counter COVID-19 tests and monthly claim submissions to Medicare. Each monthly shipment is processed every 31 days. You may cancel your subscription at any time prior to our sending you the order confirmation email by visiting our Website or calling us at (877) 777-1111.

6. Return Policy.

Once orders are processed, all orders are final. You can cancel your order in its entirety only at any time prior to our sending you the order confirmation email. 

7. Notice of Non-Affiliation.

Medcare.org is a non-government website operated by Medcare Laboratory Incorporated and is not affiliated, endorsed by, or in any way officially connected with Medicare or any other government program or agency. Aafiyah Solutions Incorporated is an accredited supplier as designated by the Centers of Medicare & Medicaid Services.

8.  Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.

  1. The materials on Medcare’s site are given “as is.” We make no guarantees, communicated or suggested, and thus renounce and nullify every other warranty, including without impediment, inferred guarantees or states of merchantability, fitness for a specific reason, or non-encroachment of licensed property or other infringement of rights. Further, we do not warrant or make any representations concerning the precision, likely results, or unwavering quality of the utilization of the materials on the Website or generally identifying with such materials or on any destinations connected to the Website.
  2. Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder strictly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are ordering goods or services from the Website for solely your own use, and not for resale or export.
  3. Manufacturer’s Warranty and Company’s Disclaimers. We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Website in any way. The availability on our Website of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our website and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims or for any loss or damages arising from the manufacturer’s failure to honor its warranty obligations to you.
  4. Liability Cap. UNDER NO CIRCUMSTANCES WILL OUR OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE COMPENSATED PRICE REIMBURSED BY MEDICARE FOR ANY GOODS OR SERVICES ON THE WEBSITE. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

 

9. Amendments and Errata.

 

The materials shown on the Website may incorporate typographical, or photographic mistakes. We do not warrant that any of the materials on its site are exact, finished, or current. We may roll out improvements onto the Website without notification. We do not make any dedication to updating the materials. We reserve the right to change or otherwise modify these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued access or use of the Website after receiving notice of any update, modification, or other change to these Terms signifies your acceptance thereof.

 

10.  Indemnification.

 

You agree to defend, indemnify and hold us, our employees, members, shareholders, officers, servants, agents, or staff harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand arising out of or relating to your use of the Website.

 

11.  Force Majeure.

 

We shall not be held responsible for delays or non-performance caused by activities or factors beyond our reasonable control, including, without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.

 

12. Assignment.

 

We may assign or otherwise transfer any or all of our rights or obligations hereunder, in whole or in part, to any third party in our sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

 

13. Partial Invalidity.

 

If any part or portion of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

 

14. Governing Law.

 

The laws of the State of Illinois govern these Terms. You hereby irrevocably consent to the exclusive personal jurisdiction of and venue in the state and federal courts of the State of Illinois located in the County of Cook with respect to any disputes arising out of or relating to your use of the Website.

 

15. No Waivers.

 

Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

 

16. Notices.

 

We may provide notices hereunder to you by email, regular mail, posting them on the Website. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. 

 

17. Entire Agreement.

 

These Terms, along with the confirmation email referenced in Section 2 above, any instructions that we provide you with relating to any product or service you obtain from us through the Website, any terms and conditions that may be provided in connection with any promotion or other sale, and our Website’s ‘Terms and Conditions’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

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