Terms of Service - Messaging

Text Messaging Terms and Conditions


Malanda, Inc. d/b/a Mandell’s Clinical Pharmacy (“Mandell’s”) offers access to messaging services via SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts (the “Program”). Please read these Terms of Service before participating in the Program. By opting into and participating in the Program, you are agreeing to these Terms and Conditions, and to these Terms of Service and Privacy Policy https://www.mymandellspharmacy.com/policies/ as well. If you do not agree to these Terms and Conditions, Terms of Service and Privacy Policy, you cannot participate in the Program.

Text alerts sent under the Program may include or be similar to:

(i) when your prescription is ready for pickup,

(ii) when a prescription is due for a refill,

(iii) when Mandell’s needs to contact you about the services it is performing for you, and

(iv) other services that Mandell’s may offer.

When participating in the Program, you will receive a text alert regarding your prescription. In participating in the Program, you acknowledge that these text alerts, which may include some protected health information, will be sent to your phone number, which may be viewed by whomever has access to that mobile phone or the carrier account. You acknowledge that text alerts are not a secure means of communication, and that since any protected health information that may be contained in Mandell’s text alerts to you will not be encrypted, the protected health information contained in the text alerts could be intercepted and read by or disclosed to, unauthorized third parties.

How often Mandell’s sends you text alerts will vary by your prescription activity; the services Mandell’s provides you and your other dealings with Mandell’s. So, you may get a text alert when Mandell’s has information for you about your prescriptions, treatment or benefits.

Mandell’s does not separately charge for text alerts, but your phone company’s message and data rates may apply. Mandell’s is not in any way responsible for any message and data charges that you may be charged by your phone company for participating in the Program.

You can opt out of the Program and of receiving any further text alerts at any time. To stop receiving text alerts, reply STOP to any of our text messages.  No additional text messages will be sent unless you opt in to participating in the Program. You may opt back in by replying START to any of our text messages

Text alerts are provided "as is" without representations or warranties of any kind, and may not be available in all areas at all times. To the full extent permitted by law, Mandell’s disclaims all representations and warranties, either express or implied, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose. Mandell’s reserves the right to terminate this service, in whole or in part, at any time without notice.

Mandell’s shall not have any liability or responsibility for any errors or omissions in the content for text alerts under the Program. Mandell’s, its affiliates or any of their employees, directors, officers, agents, vendors or suppliers shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with participation in the Program, whether in contract, negligence or other tortious action, even if an authorized representative of Mandell’s has been advised of or should have known of the possibility of such damages.

Your participation in the Program is at your sole risk, and if you are dissatisfied with it, its content or with these Terms and Conditions, your sole and exclusive remedy is to opt out of the program.

Dated: December 12, 2019