Habit.com is a marketing business and member of the CanadaDrugs.com Group of Companies. Located in St. Michael, Barbados, Habit.com specializes in the business of facilitating the purchase of smoking cessation products in the international market. The following terms and conditions govern the sales as between the Habit.com authorized dispensary (the “Dispensary”) and the individual (the “Customer”) regarding the products and services (the “Products”) offered for sale by the Dispensary. The Customer herein represents to the Dispensary that,

They are over the age of majority.

1. All personal information and personal health information has been fully and accurately disclosed and consent to its use by the Dispensary. The Customer has had a physical examination by a physician within the last 12 months, and does not require a physical examination.
2. The products shall be sold and dispensed by a Habit.com authorized Dispensary operating within a unique international jurisdiction and in a manner consistent with the laws of that jurisdiction.
3. The Dispensary is authorized and appointed to act as the Customer’s attorney and agent, to take all steps, sign all documents and to act on your behalf as you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription (if necessary); and (b) packaging your orders and delivering them to you. This authorization shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfillment of your order, including disclosure to a licensed physician if required for the issuance of a valid prescription in the jurisdiction of the Dispensary. This authorization may be revoked at any time and shall continued until you revoke it.
4. The Dispensary is legally incorporated and authorized by law to carry on business in its jurisdiction and that the Customer is purchasing products that have been approved for sale in the jurisdiction of the Dispensary. Title to the order passes from the Dispensary to the Customer when the products leave the Dispensary. All agreements reached or contracts formed with the Dispensary shall be deemed to be made in the jurisdiction of the Dispensary, the laws of the jurisdiction of the Dispensary shall govern all transactions, and you attorney to the courts of the jurisdiction of the Dispensary, which shall have sole and exclusive jurisdiction over any dispute arising between the Customer and the Dispensary, its affiliates, officers and directors;
5. Ordering. Habit.com may act on behalf of the Dispensary to collect order information and/or payment. Orders are not binding upon the Dispensary until accepted in writing. Prices for Products shall be subject to change without further notice. Credit terms are at the discretion and as specified by the Dispensary and unless otherwise specified in writing, payment must be received by the Dispensary prior to acceptance of an order. Payment for the Order may be made by a credit card accepted by the Dispensary, wire transfer, bank draft, personal cheque or money order.
6. Shipping Charges; Taxes. In some cases, Habit.com has been retained to prepare and issue invoices on behalf of the Dispensary. In such cases, separate charges for shipping and handling will be shown on the invoice(s). The Customer is responsible for services tax, sales and all other taxes associated with the Order, however designated, as required by the jurisdiction of the sale. If applicable, a separate charge for taxes will be shown on Habit.com’s invoice.
7. 21 Day Shipping. Delivery of the Product to the Customer takes place when the product leaves the Dispensary. After delivery, the Dispensary will, as attorney and agent for the Customer, arrange for shipping of the product to the Customer's home address. Normally, the Customer's product shipment takes less than 21 days to arrive. In the event that the Customer's shipment is delayed, and upon notice from the Customer, Habit.com will arrange with the Dispensary to replace the delayed shipment, and the Dispensary will re-deliver and re-ship the product to the Customer at no additional cost. Habit.com is not liable for any damage to the Customer due to delay in shipment or failure of the product to arrive within 21 days.
8. Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HABIT.COM DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS OF SALE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.
9. Privacy Policy. The Customer shall fully and accurately disclose their personal information and consent to its use by Habit.com. By submitting an Order to Habit.com, the Customer consents to the collection and use of personal information as described in our Privacy Policy published on the Habit.com website. Habit.com reserves the right to amend its Privacy Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Privacy Policy each time it submits an Order.
10. Recall Policy. We offer a Recall Policy. Please refer to the Recall Policy for complete details. Habit.com reserves the right to amend its Recall Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Recall Policy each time it submits an Order.
11. Products and Services. Habit.com may revise and discontinue the Products and Services displayed on the website at any time without prior notice.
12. Entire Agreement. The Customer agrees that these Terms of Sale and any document incorporated by reference or referred to herein constitute the entire agreement between the Customer, Habit.com and the Dispensary pertaining to the subject-matter of these Terms of Sale, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between the Customer, Habit.com and the Dispensary. In the event of a conflict between these Terms of Sale and any of the documents incorporated by reference or referred to herein, these Terms of Sale shall govern.
13. Severability. The invalidity or unenforceability of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.
14. Headings. The section headings used herein are for convenience of reference only and do not form a part of these Terms of Sale, and no construction or inference shall be derived therefrom.
15. Force Majeure. Habit.com shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested products, mail delays, customs delays, lost shipments. Habit.com shall not be responsible to notify the Customer in the event of such delays. The Customer shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases.
16. Governing Law. Title to the Customer's medications passes from the Dispensary to the Customer when the Customer's medications leave the Dispensary. All agreements reached or contracts formed with the Dispensary shall be deemed to have been made in the jurisdiction where the sale takes place and the laws of that jurisdiction shall have sole and exclusive jurisdiction over any dispute arising between the Customer and the Dispensary. All disputes with Habit.com shall be resolved by reference to Barbados laws.
17. Knowledge and Consent By placing an order with the Dispensary, the Customer has read and understands the terms and conditions as set out herein. The Customer represents that he/she consents to the Terms of Sale, and does so with full knowledge and without undue influence or duress. The Customer acknowledges that the Terms of Sale are readily accessible on a 24-hour basis from Habit.com’s website and shall be provided to the Customer in hard copy format upon request at any time. The Customer acknowledges having had every opportunity to obtain independent legal advice with respect to the Terms of Sale.

Last updated: June 20, 2007