Terms of service
Terms of Service
Last updated: April 21, 2026
OVERVIEW
Welcome to New York City Pharmacy. The terms 'we,' 'us,' and 'our' refer to Siya Rx Inc., a New York corporation doing business as 'New York City Pharmacy. New York City Pharmacy is a retail pharmacy licensed by the New York State Board of Pharmacy and located at 206 1st Avenue, New York, NY 10009. We operate this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with retail pharmacy services and a curated shopping experience (the "Services"). New York City Pharmacy is powered by Shopify, which enables us to provide certain e-commerce functionality to you.
These Terms of Service, together with any policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and the scope of services provided by a licensed pharmacy.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store, purchasing non-prescription products, or obtaining pharmacy services, you may be asked to provide certain information, such as your name, date of birth, email address, billing, payment, shipping, and (for pharmacy services) prescription, insurance, allergy, and medical information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — SCOPE OF SERVICES; LICENSED PHARMACY
New York City Pharmacy offers two distinct categories of services through nycprx.com and our physical location:
(a) Retail Merchandise: Sales of over-the-counter (OTC) medications, vitamins, dietary supplements, health and wellness products, beauty and personal care products, pet products, and other general retail merchandise.
(b) Licensed Pharmacy Services: Dispensing of prescription medications, pharmacist counseling, wellness consultations, immunizations, DMV vision screening, and other services offered within the scope of pharmacy practice authorized under New York Education Law Article 137 and 8 NYCRR Part 63, and subject to the regulations of the New York State Board of Pharmacy.
Licensed pharmacy services are subject to professional judgment, state and federal law, and the pharmacist's duty to the patient, and are governed by additional terms specific to the pharmacy-patient relationship as described in these Terms, our Privacy Policy (including the Health Information Privacy section), and applicable law.
2.1 No Practice of Medicine
New York City Pharmacy does not practice medicine. Pharmacist counseling, wellness consultations, medication therapy review, and any other professional interactions you may have with a New York City Pharmacy pharmacist do not constitute medical diagnosis, treatment, or prescribing, and are not a substitute for care from a physician, nurse practitioner, or other licensed healthcare provider. Pharmacists do not independently order laboratory tests or initiate or modify prescription therapy except pursuant to a valid Collaborative Drug Therapy Management (CDTM) agreement authorized under New York Education Law § 6801-a.
2.2 Telehealth Programs Are Not Our Services
Certain telehealth programs, including programs operated by OpenLoop Healthcare Partners, PC and/or Agile Telehealth (the "Telehealth Providers") and marketed through landing pages linked from nycprx.com, are not operated, prescribed for, or dispensed by New York City Pharmacy. Clinical consultations, prescribing decisions, laboratory ordering, and pharmacy dispensing for those programs are performed by the Telehealth Providers and their affiliated licensed professionals and pharmacies. Your use of any such telehealth program is subject to the Telehealth Provider's own terms, privacy policy, and clinical agreements. New York City Pharmacy's role with respect to such programs is limited to non-clinical marketing and patient education support.
SECTION 3 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online store. However, product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings. We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
3.1 Prescription Medications
Prescription medications are dispensed only pursuant to a valid prescription from a licensed prescriber, and only where dispensing is permitted under federal and New York State law, including the federal Food, Drug, and Cosmetic Act, the federal Controlled Substances Act, New York Education Law Article 137, New York Public Health Law Article 33, and the regulations of the New York State Board of Pharmacy and the New York State Department of Health. Dispensing decisions are made in the professional judgment of a licensed pharmacist and may be refused where required or permitted by law, including without limitation where a prescription appears invalid, fraudulent, or clinically inappropriate.
3.2 Shipping of Prescription Medications
As described in our Shipping Policy, New York City Pharmacy does not ship prescription medications to patients in any state. Prescription medications dispensed by us are delivered only locally, within a limited radius of our New York pharmacy location, and exclusively by our own in-house delivery personnel, to patients located in New York State.
SECTION 4 — ORDERS
When you place an order for non-prescription products, you are making an offer to purchase. New York City Pharmacy reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until New York City Pharmacy confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Returns & Refunds Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
4.1 Prescription Orders
Prescription orders are not governed by this Section 4. A prescription is accepted, filled, or refused by a licensed pharmacist based on professional judgment and applicable law, not on commercial discretion. A prescription order may be refused, held, or transferred by the pharmacy where required or permitted by law, including without limitation on the basis of prescription validity, safety, drug interactions, therapeutic appropriateness, insurance coverage, drug availability, or compliance with state and federal controlled substance rules.
SECTION 5 — PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email or pharmacy receipt. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in our online store may differ from prices offered in our physical pharmacy or in stores operated by third parties. We may offer promotions that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases, and to promptly update your account and information as needed so that we can complete your transactions and contact you.
You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method; (iii) charges incurred by you will be honored by the issuer of your payment method; and (iv) you will pay charges incurred by you at the posted prices, including shipping, handling, and applicable taxes.
5.1 Insurance and Third-Party Payers
For prescription purchases, your copay, cost-share, and total price may be determined by your health insurance plan, pharmacy benefit manager, or other third-party payer. Insurance claim adjudication is performed at the point of dispensing and may result in pricing different from any amount displayed online. You remain responsible for any amount not covered by insurance.
SECTION 6 — SHIPPING AND DELIVERY
Shipping and delivery of non-prescription products and local delivery of prescription medications are governed by our Shipping Policy, which is incorporated into these Terms by reference. We are not liable for shipping delays, and all estimated delivery times are estimates only and not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
For non-prescription product shipments, once we transfer products to the carrier, title and risk of loss pass to you. This paragraph does not apply to prescription medications, which are delivered only locally by our own personnel under the terms of our Shipping Policy.
SECTION 7 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by New York City Pharmacy, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of New York City Pharmacy, Shopify, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved.
New York City Pharmacy's names, logos, product and service names, designs, and slogans are trademarks of New York City Pharmacy or its affiliates or licensors. You must not use such trademarks without the prior written permission of New York City Pharmacy. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 8 — OPTIONAL TOOLS AND THIRD-PARTY LINKS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools. Any use by you of such tools is entirely at your own risk.
The Services may contain materials and hyperlinks to websites operated by third parties, including the Telehealth Providers referenced in Section 2.2. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk. Please review the relevant third party's terms and policies before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
[This section accurately characterizes Shopify's relationship with the store and should not be removed or modified.]
New York City Pharmacy is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with New York City Pharmacy. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and New York City Pharmacy, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with New York City Pharmacy.
SECTION 10 — PRIVACY AND PROTECTED HEALTH INFORMATION
All personal information we collect through the Services is subject to our Privacy Policy, including the Health Information Privacy section applicable to our role as a HIPAA-covered entity. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
To the extent these Terms address personal information, your Protected Health Information (as defined in 45 CFR § 160.103), or other health-related information regulated under New York State law, the terms of our Privacy Policy and applicable law control over any conflicting provision of these Terms.
Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 — FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.
You must not include any Protected Health Information, prescription details, medical condition information, or other sensitive health information in any Feedback posted publicly (for example, in product reviews). Any Feedback you wish to share with us that concerns your prescriptions or pharmacy-provided care should be communicated directly to the pharmacy rather than through any public posting feature.
We have no obligation to maintain Feedback in confidence, to pay compensation for Feedback, or to respond to Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.
You agree that your Feedback will not violate any right of any third party, will not contain libelous or otherwise unlawful, abusive, or obscene content, and will not contain any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you post and its accuracy.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions, including errors related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any federal, state, or local law, regulation, or ordinance, including any law or regulation governing the prescribing, dispensing, or use of prescription medications or controlled substances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees, pharmacists, or any other person; (e) to transmit false or misleading information, including false prescription, insurance, or medical information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity, including another patient, a prescriber, or a licensed healthcare professional; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm New York City Pharmacy, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms. Suspected attempts to obtain prescription medications by fraud, deception, or impersonation may be reported to appropriate law enforcement, regulatory authorities, and insurance carriers, consistent with applicable law.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Termination of your access to the online Services does not affect the pharmacy's independent legal and professional obligations to you as a patient of record, which are governed by federal and New York State law.
The following sections will continue to apply following any termination: Scope of Services, Intellectual Property, Privacy and Protected Health Information, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and any other provisions that by their nature should survive termination.
SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Information on the Services about medications, medical conditions, wellness, nutrition, supplements, or similar topics is provided for general educational purposes only and is not medical advice. It is not intended to diagnose, treat, cure, or prevent any disease, and it is not a substitute for consultation with a physician or other licensed healthcare provider. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or medication.
EXCEPT AS EXPRESSLY STATED BY NEW YORK CITY PHARMACY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL NEW YORK CITY PHARMACY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
Nothing in these Terms limits or excludes liability for: (i) death or personal injury caused by the negligence of New York City Pharmacy or any of our licensed pharmacists in the performance of pharmacy services; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot lawfully be limited or excluded under New York State law. The preceding carve-out controls over any other provision of these Terms that might be read to the contrary.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless New York City Pharmacy, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents incorporated by reference; (2) your violation of any law or the rights of a third party; (3) your access to and use of the Services; or (4) any false, misleading, or fraudulent information you provide to the pharmacy, including any misrepresentation of identity, prescription information, insurance information, or medical information.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
This Section 17 does not require you to indemnify us against our own professional negligence or other liability that cannot lawfully be shifted to you under New York State law.
SECTION 18 — SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with the Privacy Policy, Shipping Policy, Returns & Refunds Policy, and any other policies or operating rules posted by us on this site or in respect to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 — ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 — GOVERNING LAW AND JURISDICTION
These Terms and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. You and New York City Pharmacy consent to venue and personal jurisdiction in the state and federal courts located in New York County, New York, for any dispute arising out of or relating to these Terms or the Services, except to the extent that applicable federal or state law requires a dispute to be heard in a different forum (for example, certain HIPAA-related complaints or professional discipline matters).
SECTION 22 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
New York City Pharmacy 206 1st Avenue, New York, NY 10009 Email: Hello@nycprx.com Phone: 212-253-8686 Fax: 212-253-2415