TERMS AND CONDITIONS

IPCARGO,CORP, doing business as, BoticaExpress(“BOTICAEXPRESS”),owns and operates a website, mobile application, and corresponding technology platform that allows users to buy medicines and medical supplies only to be delivered within Cuba.These Terms and Conditions supplement the terms and conditions set forth in the Botica Express Privacy Policy. Both these Terms and Conditions and the BOTICA EXPRESS Privacy Policy (collectively, the “Agreement”) governs your relationship with our website “www.boticaexpress.com” (“Site”), its corresponding mobile applications, content, products, services, and technology platform.

Anyone interacting with BOTICA EXPRESS’ Site, mobile application, and corresponding technology platform (“Digital Platform”), are collectively referred to herein as (“Users”) and the services provided by BOTICA EXPRESS’s Digital Platform to said Users shall be referred to herein as (“Services”. (“You” and “you”) means any natural or legal person who person is accessing the Site. The term (“Your” and “your”) shall be construed accordingly. Access to and use oft he Services is subject to the following terms, conditions, and notices. By using our Digital Platform, you are agreeing to the Agreement, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Agreement. It is dated as the date User agrees to this Agreement.

This Agreement provides you access to a proprietary online software service that allows users to buy medicines and medical supplies only to be delivered within Cuba, including with third party providers of such services under agreement with BOTICA EXPRESS or certain BOTICA EXPRESS affiliates.

Access to our Digital Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our Digital Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or the mobile application due to scheduled outages or unavailability caused by force majeure.

You are granted a limited, personal, non-exclusive, non-commercial license to view, print or download content, graphics, forms, or documents from the Site for use solely by you for your own personal use. The Site may not be used for any commercial purpose, commercial advantage or private monetary compensation.

No page from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercialized, distributed in any way, or incorporated into any other website or electronic or mechanical information retrieval system, except that you may download one copy of the viewed materials on any single computer for your personal, non-commercial home use only (but not for resale or redistribution), provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the content provider’s copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.

BYUSINGOROTHERWISEACCESSINGOURDIGITAL PLATFORM OR MANIFESTING YOUR ASSENT TO THIS AGREEMENT IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THIS AGREEMENT. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THIS AGREEMENT, YOU MAY NOT USE OR OTHERWISE ACCESS OUR SITE, THE MOBILE APPLICATION OR ITS CORRESPONDING FEATURES. YOU FURTHER AGREE THAT YOUR USE OF A KEYPAD, MOUSE, OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT OR ACTION, OR ANY OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO BOTICA EXPRESS OR ACCESSING BOTICA EXPRESS CONTENT CONSTITUTES YOUR ELECTRONIC SIGNATURE, ACCEPTANCE AND AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD-PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD-PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING AGREEMENT BETWEEN YOU AND BOTICA EXPRESS.

Our Digital Platform may contain links to other mobile applications (“Linked Sites”), which are not operated by BOTICA EXPRESS. Further, BOTICA EXPRESS has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Unless otherwise specified, the materials on our Site are presented solely to provide information regarding the Site and other products available in the United States, its territories, possessions, and protectorates. BOTICA EXPRESS makes no representation that materials on this Site are appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Site is further subject to United States and international export controls. No software from this Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or to any other prohibited parties. Information “www.boticaexpress.com” publishes on the World Wide Web may contain references or cross references to “www.boticaexpress.com”, products, programs or services that are not announced or available in your country.

Our Digital Platform may display advertising on behalf of businesses, and we rely upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does BOTICA EXPRESS endorse and/or have any other undisclosed connection with the businesses that may advertise with us.

USER REPRESENTATIONS

You hereby represent and warrant to BOTICA EXPRESS that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) you are an authorized signatory of the credit or debit card or other method of payment that you provide to BOTICA EXPRESS or it third-party payment processor to pay the purchase price and any applicable fees or taxes related to your orders; (c) you will comply with the terms and conditions of these Terms of Service and any other agreement to which you are subject that is related to your use of the Site or any part thereof or any Order(s) that you place via the Site; (d) you have provided and will maintain truthful, accurate and complete information to BOTICA EXPRESS, including, without limitation, your legal name, address, email address, and any other registration information BOTICA EXPRESS may reasonably require; (e) your access to and use of the Site or any part thereof and/or purchase and use of any Content, products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (f) you will immediately notify BOTICA EXPRESS in the event that you learn or suspect that your registration information, username, or password has been disclosed or otherwise made known to any other person; (g) you will promptly report to BOTICA EXPRESS any violation of these Terms of Service by any other User; (h) you will not use the Site in order to gain competitive intelligence about BOTICA EXPRESS, the Site or any product or service offered via the Site or to otherwise compete with BOTICA EXPRESS or its affiliates; and (i) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.

In the event that you post, enter, upload, publish, display or transmit any text or documents (“User Content”) via the Site, you hereby make the following additional representations and warranties to BOTICA EXPRESS: (1) you are owner of such User Content or otherwise have the right to grant BOTICA EXPRESS the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses;(3)the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and suchUserContentdoesnotcontainanypersonallyidentifiableinformation about third parties in violation of such parties' rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true, accurate and complete. PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE BOTICA EXPRESS SITE AND IN YOUR PRIVATE E-MAIL MESSAGES.

PROHIBITED USES

You are solely responsible for all User Content you publish or display (hereinafter, “post") on the Site. You will not post on the Site any defamatory or illegal material or any material that actually or potentially infringes or violates the intellectual property rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person. You agree to report any errors, bugs, glitches, unauthorized access methodologies or any breach of intellectual property rights that you uncover in your use of Site or Services. you will use the Site in a manner consistent with any and all applicable laws, regulations, rulings and orders. By posting information on the Site, you warrant and represent that the information is truthful and accurate. You will not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or except as otherwise permitted by law. BOTICA EXPRESS does not and cannot review each message posted by Users of the Site and BOTICA EXPRESS is not responsible for the information, message, or contents of such User Content. BOTICA EXPRESS reserves the right, but is not obligated, to delete or remove (i) profane language, (ii) obscenities, (iii) threats of physical violence, bodily harm, or damage to property, and (iv) private financial information such as social security numbers and credit card information.

Additionally, You are solely responsible for any and all acts and omissions that occur under your account or password, and You agree not to engage in unacceptable use of the Site or any part thereof or any User Content that you may post or purchase via the Site, which includes, without limitation: (a) use of the Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network; (b) use of the Site to post or store viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (c) use of the Site to post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (d) use of any manual or automated software, devices or other processes to ‘crawl’ or ‘spider’ any web pages contained in the Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Site); (e) use of the Site to gain competitive intelligence about BOTICA EXPRESS, the Site or any product or service offered via the Site or to otherwise compete with BOTICA EXPRESS or its affiliates; (f) framing or otherwise simulating the appearance or functions of the Site or any portion thereof; (g) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users or (h) use of the Site to engage in any activity that, as determined by BOTICA EXPRESS, may intentionally or unintentionally violate this Agreement, violate any applicable laws or regulations, or conflict with the spirit or intent of this Agreement.

With respect to your use of the Digital Platform and Services, you agree that you will not:

• use the Site or the Services or submit User Content to the Site if you are under the age of majority in the jurisdiction in which you reside (a “Minor”);
• use the Site to cause nuisance, annoyance or inconvenience;
• post information or interact on the Site in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
• attempt to impersonate another User, person or business, or a member of the BOTICA EXPRESS team, including for purposes of placing false or fake requests or queries;
• advertise any products or services;
• create or compile, directly or indirectly, any collection, compilation, database, or directory from the Site content;
• access the Site or Services using a third-party's account/registration without the express consent of the account holder;
• attempt, through any means, to gain unauthorized access to any part of the Site and/or any service, other account, computer system and/or network connected to any BOTICA EXPRESS server;
• use the Site in any manner that could damage, disable, overburden and/or impair any BOTICA EXPRESS server, or the network(s) connected to any BOTICA EXPRESS server, and/or interfere with any other party’s use and enjoyment of the Site;
• use any information obtained from the Site or the BOTICA EXPRESS Services in order to contact, advertise to, solicit, or sell to any BOTICA EXPRESS service provider or other user;
• use the Site or any content as part of an effort to compete with or negatively impact the business of BOTICA EXPRESS;
• use the Services or any Site content for any commercial purposes, including but not limited to, contacting or advertising to, soliciting or selling to, any service provider unless BOTICA EXPRESS has given You permission in writing to do so;
• delete the copyright or other proprietary rights notice from any Site content or any portion of the Sites or other BOTICA EXPRESS Services;
• use the Site for any illegal purposes including but not limited identity fraud or credit card fraud;
• upload or transmit viruses or other harmful, disruptive, or destructive files;
• use the Site in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the BOTICA EXPRESS Digital Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
• forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the BOTICA EXPRESS Digital Platform;
• modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the BOTICA EXPRESS Digital Platform;
• rent, lease, lend, sell, redistribute, license, or sublicense (1) the BOTICA EXPRESS Digital Platform or (2) access to any portion of the BOTICA EXPRESS Platform;
• transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; and
• cause any third party to engage in the restricted activities above.

SERVICES

We offer the following Services through our proprietary software as a service platform that we host for our Users; that allows Users to purchase prescription medicines (“Prescription Medicines”), over the counter medicines (“OTC”), and other products such as medical equipment and devices (collectively, “Products”). The sale of Prescription Medicines will only be permitted through valid prescriptions from a Cuban physician and the delivery of the Products will only be delivered within Cuba.

Your use of the Services is subject to your compliance with this Agreement. You acknowledge and agree that we reserve the right to modify the Services being offered (or any part thereof) from time to time and that we shall not be liable to you or to any third party for any modification of the products and services available to you. Unless otherwise agreed by BOTICA EXPRESS in a separate written agreement with you, the Products and Services are made available solely for your personal, noncommercial use.

If you connect using a mobile application or platform:

• Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s Bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Data. We may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
• Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

We will not be liable for any loss or damage caused by a distributed denial of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Digital Platform or to your downloading of any material posted on it, or on any mobile application linked to it.

YOUR ACCOUNT

You will need an account to purchase products on www.boticaexpress.com, and you may be required to be logged in to the account and have a valid payment method associated with it to make such purchase. You are responsible for maintaining the confidentiality of your account and

password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree to keep secure and confidential your account password or any identification that BOTICA EXPRESS provides you. BOTICA EXPRESS do not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. BOTICA EXPRESS reserves the right to refuse service, terminate accounts, terminate your rights to use the Site, remove or edit content, or cancel orders in its sole discretion. We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of this Agreement or is harmful to the interests of other Users, Affiliates, associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

TERMS OF SALE

By placing an order, you are offering to purchase a Product subject to this Agreement. All orders are subject to availability and confirmation of the order price.

All Sales Are Final: All sales made through the Site and mobile application are considered final. We do not accept returns or provide refunds for any products or services purchased.

Product Descriptions: We make every effort to accurately describe our products and services on

our website. It is your responsibility to review the product descriptions and make an informed decision before making a purchase.

Defective or Damaged Products: In the rare event that you receive a defective or damaged product, please contact our customer support team within 15 days of receiving your order. We will assess the issue and may provide a replacement or issue a refund at our discretion.

The term 'shipping' or 'ship' includes the commencement of shipping items in an order for multiple purchases or when the purchased item consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time. However, when that is not possible, we commence shipping by sending individual packages in the order that they become available and conditions permit. In these instances, our notification to you that your order has 'shipped' marks the time when shipping has commenced; it does not mean that all items in the order have been shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.

In order to purchase from “www.boticaexpress.com” you must be over 18 years of age or if you are under the legal age of consent, you have the express permission from your parent or guardian and possess a valid credit or debit card issued by a bank acceptable to us. BOTICA EXPRESS retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be “www.boticaexpress.com”. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

While we try and ensure that all details, description, and prices that appear on the Site are accurate, errors may occur. If we discover an error in the price of any goods that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged additionally; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon receipt of authorization. Upon debiting your card, we will treat the funds received as a deposit against the value of the goods you intend to purchase. After dispatching the goods and sending you a confirmation email, the funds paid as a deposit will serve as consideration for the value of the goods listed in the confirmation email.

The Site is not intended for or directed to persons who are Minors. Because we cannot prohibit Minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising Minors to decide which materials are appropriate for Minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

BOTICA EXPRESS’s Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in BOTICA EXPRESS’s Privacy Policy or as otherwise required by applicable law, BOTICA EXPRESS is not responsible for any delays, analysis failures, or other economic damage resulting from such problems. You acknowledge that access to the Site may subject you to third party fees (such as Internet service provider or mobile data fees, or airtime charges). You are responsible for applicable fees, including those fees associated with the display or analysis of advertisements, if applicable. In addition, you must provide and are responsible for all equipment necessary to access BOTICA EXPRESS in any medium or via any service.

PAYMENT SERVICE AUTHORIZATION

When you make a purchase, you will be asked to provide us with a credit card number from a card issuer, or other payment information that we accept, to pay for any fees related to the purchase. We may seek pre-authorization of your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover your purchase, order, fee, or subscription. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

If at any point BOTICA EXPRESS collects credit card billing information from you, said data will be transferred using techniques considered commonplace and ‘industry standard’ by our processing partner(s) and any data that we use, store, process or retain will be handled pursuant to our Privacy Policy and that of your credit card issuer. Credit card information will be treated as ephemeral data by BOTICA EXPRESS and will solely be processed and, if applicable, stored by our partner(s) in use at the time of the transaction. Credit card information will be stored at time of a transaction or at any given time if a User makes the decision to associate a payment method with their account.

Your card issuer agreement governs your use of your credit or debit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT BOTICA EXPRESS, ARE RESPONSIBLE FOR ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD OR DEDUCTED VIA YOUR DEBIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates/prices/fees in effect when the charges were incurred. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon request or demand by BOTICA EXPRESS or its agents. BOTICA EXPRESS shall have the right to refuse or cancel any orders placed for products, subscriptions and/or Services that are listed at an incorrect price, or incorporate an incorrect coupon, rebate or refund, or containing any other incorrect information or typographical errors or made for purposes of or in connection with fraud. BOTICA EXPRESS shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BOTICA EXPRESS agrees to promptly issue a credit to your credit card account in the amount of the charge.

PERSONAL DATA WE COLLECT

Please see our Privacy Policy for further information on BOTICA EXPRESS’s policies and procedures for collection and protection of your Personal Data.

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to BOTICA EXPRESS email addresses or through BOTICA EXPRESS computer systems is expressly prohibited. Any unauthorized use of BOTICA EXPRESS computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act

(18 U.S.C. A § 1030 et seq.), such violations may subject the sender and his or her agents to civil and criminal penalties.

DISCLOSURE OF YOUR INFORMATION

Please visit our Privacy Policy for information on when BOTICA EXPRESS may disclose or share your information.

INTELLECTUAL PROPERTY, SOFTWARE, AND CONTENT

The software, workflow processes, user interface, designs, know-how, other technologies, and content (including photographic images) provided by BOTICA EXPRESS as part of our Digital Platform are the proprietary property of BOTICA EXPRESS and its licensors, and all rights, title and interest in and to such items, including all associated intellectual property rights, remain only with BOTICA EXPRESS. BOTICA EXPRESS reserves all rights unless expressly granted in this Agreement.

The intellectual property rights made available to you on or through the Digital Platform remains the property of BOTICA EXPRESS or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by BOTICA EXPRESS and its licensors. You are not permitted to publish, store, download, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our Digital Platform, nor may you use any such content in connection with any business or commercial enterprise.

COPYRIGHT AND COPYRIGHT NOTICES

BOTICA EXPRESS respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the steps outlined in the BOTICA EXPRESS Privacy Policy. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the Digital Millennium Copyright Act notice-Counter-Notice.

SUSPENSION

We may suspend your right to access or use any portion or all of the Services immediately upon notice to you if we determine: (a) your use of the Services may subject us, our Affiliates, or any third party to liability or may adversely impact the Services or the systems or content of any other BOTICA EXPRESS User; or (b) you are in breach of this Agreement. Our right to suspend your right to access or use the Services is in addition to our right to terminate this Agreement pursuant to the Termination Section.

TERMINATION

We may terminate this Agreement at any time and for any reason, immediately, without notice or liability. We may also terminate this Agreement immediately, without notice or liability, if we determine in our sole discretion that: (i) you have breached any portion of this Agreement; (ii) your use of, or access to, the Services violates any applicable law, rule or regulation or otherwise inhibits any other User from using or accessing the Services; (iii) the reasons for suspension in Suspension Section will not be cured; (iv) our relationship with a third party partner who provides software, content, data, or other technology we use to provide the Services expires, terminates or requires us to change the way we provide part of the Services; (v) the Services could create a substantial economic or technical burden or material security risk for us; or (vi) our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason. Upon termination of this Agreement, you must uninstall any of our software associated with the Services if one is provided.

DISCLAIMER OF LIABILITY

The material displayed on our Digital Platform is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law BOTICA EXPRESS and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the mobile application, its corresponding features, and technology platform or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect BOTICA EXPRESS’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Further, our Digital Platform is provided on an ‘AS IS’ ‘as available’ basis. We do not warrant that your use of the Digital Platform will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the content provided on the Site, or the products or services offered for sale. We make no representation that content provided on the Site is applicable or appropriate for use in locations outside of the United States. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting, or use of the Digital Platform is at your sole risk.

Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use our Digital Platform, including but not limited to reliance by a User on any information obtained on the Digital Platform, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content and services available through the Digital Platform. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, then in such state liability is limited to the fullest extent permitted by law.

Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Digital Platform, please refer to the third-party’s terms and conditions for details. The services in our Digital Platform are intended for personal use, unless otherwise indicated.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: OUR SITE, THE MOBILE APPLICATION, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA OUR SITE AND THE MOBILE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOTICA EXPRESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, ACCURACY, CORRECTNESS AND NON-INFRINGEMENT. WITHOUT LIMITATION, BOTICA EXPRESS MAKES NO WARRANTY THAT THE SITE, THE MOBILE APPLICATION, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA OUR SITE AND THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SITE OR MOBILE APPLICATION WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCES WILL BOTICA EXPRESS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE BOTICA EXPRESS SITE AND MOBILE APPLICATION OR TRANSMITTED TO OR BY ANY USERS. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE AND THE MOBILE APPLICATION IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE MOBILE APPLICATION OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOTICA EXPRESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOTICA EXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE OUR SITE, THE MOBILE APPLICATION, ANY CONTENT, OR SERVICES MADE AVAILABLE ON OR PURCHASED VIA THE MOBILE APPLICATION; (B) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT AND SERVICES RESULTING FROM ANY CONTENT, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MOBILE APPLICATION OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE MOBILE APPLICATION, ANY CONTENT OR PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH OUR SITE OR THE MOBILE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF OUR SITE OR MOBILE APPLICATION AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOTICA EXPRESS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT

LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SITE OR THE MOBILE APPLICATION, PURCHASING ANY CONTENT OR PURCHASING BOTICA EXPRESS'S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY BOTICA EXPRESS FOR PROVIDING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

The information furnished on this Site and the interactive responses are not intended to be professional or health advice and are not intended to replace personal consultation with a qualified physician, pharmacist, or other healthcare professional. We are not a healthcare provider, and the content on this Site is not intended to diagnose, treat, cure, or prevent any disease or condition. We do not give medical advice, nor do we provide medical or diagnostic services. You must always seek the advice of a professional for questions related to a disease, disease symptoms, and appropriate therapeutic treatments.

If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this Site. We do not make any warranty that the content on this Site satisfies government regulations requiring disclosure of information on prescription drug products. The content was developed for use in the United States and neither we nor the content providers make any representation concerning the content when used in any other country. While information on this Site has been obtained from sources believed to be reliable, neither we nor the content providers warrant the accuracy of codes, prices, therapeutic content, or other data of any nature contained on this Site. Neither we nor the content providers guarantee that the content on this Site covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatment.

You may not rely on the application of any information on this Site as being applicable to your specific circumstances.

Your reliance upon information and content obtained by you at or through this Site is solely at your own risk. Neither we nor the content providers assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any information, idea, or instruction contained in the content or services provided to you.

Accuracy of Information. We strive to provide accurate and up-to-date information on the medicines and products offered on this website. However, we make no warranties or representations regarding the accuracy, completeness, or reliability of any information provided here.

Medical Consultation. It is essential to consult with a qualified healthcare professional before using any medication or product purchased through this Site. Your healthcare provider can provide personalized guidance and recommendations based on your specific medical needs and conditions.

Product Disclaimer. All products sold on this website are provided "as-is" and without any warranties, express or implied. We do not guarantee the effectiveness, safety, or suitability of any product for your particular needs.

Liability Limitation. We shall not be liable for any direct, indirect, consequential, or incidental damages arising out of the use or misuse of any product or information obtained from this website. This includes, but is not limited to, financial loss, injury, or harm.

Product Availability. Product availability and pricing are subject to change without notice. We reserve the right to discontinue or modify any product at any time.

Legal Compliance. It is your responsibility to ensure that the purchase and use of any medication or product from this website comply with all applicable laws and regulations in your jurisdiction.

By using this Site and purchasing products from us, you acknowledge that you have read and understood this disclaimer and agree to its terms and conditions. If you do not agree with these terms, please do not use this Site or purchase products from us.

MOBILE APPLICATIONS AND LOCATION-BASED SERVICES

BOTICA EXPRESS’s Site, its corresponding features, and technology platform are also offered via a mobile application for access via smartphones and tablet devices. This mobile application is subject to the same information handling practices outlined in this Agreement. BOTICA EXPRESS’s mobile application may include the option to provide you with helpful information based on where you are. To provide such location-based services, BOTICA EXPRESS may collect, use, and share precise location data, including the real-time geographic location of your mobile device. This location data is collected anonymously in a form that does not personally identify you and is solely used by BOTICA EXPRESS to provide and improve location-based products and services. If you wish to deactivate this feature, you can disable the location services on your mobile device.

IP ADDRESSES

Due to the communications standards on the Internet, we automatically receive the URL of the mobile application from which you came and the mobile application to which you proceed once you leave the mobile application. We also receive the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your Internet service provider (ISP). This information is used to analyze overall trends to help us improve the mobile application. The linkage between your IP address and your personally identifiable information is shared with third parties in accordance with our Privacy Policy.

Location data provided by the BOTICA EXPRESS Digital Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property or environmental damage. Neither BOTICA EXPRESS, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the BOTICA EXPRESS Digital Platform. Any of your information, including geolocational data, you upload, provide, or post on the BOTICA EXPRESS Digital Platform may be accessible to BOTICA EXPRESS and certain Users of the BOTICA EXPRESS Digital Platform.

WEB BEACONS AND AD NETWORKS

We may allow other companies, called ad networks, to serve advertisements to Users via our Digital Platform. Ad networks include third party ad servers, ad agencies, ad technology vendors, and research firms. BOTICA EXPRESS may "target" some ads to Users that fit a certain general profile. To properly deliver these ads, the mobile application may include a file, called a web beacon, from these ad networks within pages served by our site and the mobile application or implement other monitoring technologies so that the networks can provide anonymous, aggregated auditing, research, and reporting for advertisers, as well as target ads to you while you visit other mobile applications. These general targets may also be used by ad networks to display targeted ads on our Site and other mobile applications as a substitute for random, irrelevant ads. In addition, our Site and the mobile application may use the technology of ad networks to serve ads only when you visit our Site or our mobile application. Ad networks may use non-personal information, such as your state or zip code, in your request to provide advertisements about goods and services that may be of particular interest to you while you visit our Site or the mobile application. Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.

DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD-PARTY COPYRIGHTS.

Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content, services, and/or locations featured on Digital Platform are in no way associated, linked, or affiliated with BOTICA EXPRESS, its corresponding features, and technology platform, and you should not rely on the existence of such a connection or affiliation in any way. Any trademarks/names featured on the mobile application, its corresponding features, and technology platform are owned by the respective trademark owners unless otherwise stated. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services; it is in no way an assertion that such products or services are endorsed by or connected to BOTICA EXPRESS, its corresponding features, and technology platform.

INDEMNITY

You agree to indemnify, defend, and hold harmless BOTICA EXPRESS, its directors, officers, employees, consultants, agents, and Affiliates from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of our Digital Platform or your breach of the Agreement.

VARIATION

BOTICA EXPRESS shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of the Digital Platform.

INVALIDITY

If any part of the Agreement is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Agreement will not be affected, with all other clauses remaining in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as permitted by law.

COMPLAINTS

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting customer service at Customerservice@boticaexpress.com.

DISPUTES

THE PARTIES MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO

RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND

AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION.

Any dispute relating in any way to your use of BOTICA EXPRESS’s Site or mobile application or related to products you purchase through BOTICA EXPRESS’s Digital Platform shall be submitted to confidential arbitration in the State of Florida, United States. However, in the event that, you have violated or threatened to violate BOTICA EXPRESS’s intellectual property rights, BOTICA EXPRESS may seek injunctive or other appropriate relief in any state or federal court in the United States, and you consent to the exclusive jurisdiction and venue of such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (AAA) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (AAA Rules) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

The interpretation and enforcement of this Agreement shall be governed under the laws of the State of Florida. The sole and exclusive venue for any and all issues, claims, or causes of action arising from or related to this Agreement shall be Miami Dade County, Florida. This Agreement is governed by and operated in accordance with US law. If you are located outside of the US, you use the Service at your own risk. BOTICA EXPRESS is a company that operates on the World Wide Web so it may be necessary to transfer your Information internationally. In particular, your information will be transferred to and processed in the United States where our databases operate. By using this Service, you (a) acknowledge that the data protection and other laws of other countries, such as the United States, may provide a less comprehensive or protective standard of protection than those in your country, and consent to your information being collected, processed, and transferred as set forth in this Agreement and US law.

SECURITY

BOTICA EXPRESS is committed to securing and protecting from unauthorized access your Personally Identifiable Information that you provide through our Digital Platform. We use reasonable measures to help prevent the information from becoming disclosed to those who are not described in this policy. It is important for you to protect against unauthorized access of any account password or your computer. No security measures are perfect, and we cannot promise that all information collected from you or about you will remain secure in all circumstances.

CALIFORNIA PRIVACY RIGHTS

Please visit our Privacy Policy for information regarding California Privacy rights.

WAIVER

If you breach this Agreement and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement.

ENTIRE AGREEMENT

The above Agreement constitutes the entire agreement of the parties and supersedes any and all preceding and contemporaneous agreements between you and BOTICA EXPRESS. Any waiver of any provision of the Agreement will be effective only if in writing and signed by a Director of BOTICA EXPRESS.