TERMS AND CONDITIONS - WEB SERVICES
THIS END USER SERVICES AGREEMENT (“AGREEMENT”) FORMS A LEGAL AGREEMENT BETWEEN YOU AND THE PHARMACIE BENOÎT PICARD & KARL DESJARDINS INC. (“PHARMACY”) WHO HAS GIVEN YOU AN ACCESS CARD TO USE THE PHARMACY WEB SERVICES (THE “SERVICE”). SOMETIMES THE PHARMACY IS REFERRED TO AS “WE”, “US” OR “OUR”. THIS AGREEMENT APPLIES TO THE SERVICE (AS DEFINED BELOW) THAT YOU ARE AUTHORIZED TO USE WHILE THIS AGREEMENT IS IN FORCE. BY CLICKING “I AGREE” OR SIMILAR ELECTRONIC ACCEPTANCE, YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
PLEASE NOTE THAT, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, (I) YOUR PHARMACY AND ITS OPERATOR DO NOT PROVIDE WARRANTIES FOR THE SERVICE AND THE ACCOUNT AND (II) THIS AGREEMENT CONTAINS LANGUAGE THAT LIMITS YOUR PHARMACYS’ AND IT’S OPERATOR’S LIABILITY. CONSEQUENTLY, PLEASE READ SECTIONS 9, 10, AND 11, OF THIS AGREEMENT CAREFULLY.
The Service gives you a real-time remote access to your pharmacy profile, allowing you to:
● Consult drug information sheet; and
● Renew your prescriptions;
● Order over-the-counter products.
Please be advised that the information accessed through the Service is a duplicate of your pharmacy profile, as such profile is created and maintained by the Pharmacy within its pharmacy management system. If you wish to modify any of the information accessed through the Service, you need to communicate with the Pharmacy as those modifications have to be made by the Pharmacy through the pharmacy management system.
You can register and create your personal account (“Account”) by using the unique username and password that were given to you by the Pharmacy. The Service is paid for by the Pharmacy.
Data stored within your Account is a duplicate of your Pharmacy profile, which contains the following information:
● General information;
● Delivery addresses;
● Order history;
● Drug profile.
You are solely responsible for all activities that take place with your username and password (“Credentials”) and you are responsible to ensure that you and only you use your Credentials to access your Account. You are responsible for maintaining the confidentiality of your Credentials and are similarly responsible for all uses of your Account with such Credentials whether or not such uses are authorized by you. You must immediately notify your Pharmacy if the security of your Account has been compromised in any way. Your Pharmacy is not required to confirm the identity or the access right of the user if such user uses your Credentials to access your Account. Non-personal and commercial accounts are prohibited under the Service.
a) Subject to the provisions hereof, once the Account is created by you, you will be able to access and use your Account until the earlier of: (i) the termination of the agreement between the Operator and your Pharmacy with respect to the Service (the “Operator-PHARMACY Agreement”); or (ii) until you decide to terminate your Account. In addition to all other rights and remedies provided in this Agreement or by law, your Pharmacy and/or its Operator may cease providing the Service: (i) if you do not comply with this Agreement; (ii) if your Pharmacy does not comply with the Operator-PHARMACY Agreement or (iii) if termination or suspension is necessary to prevent threats to the privacy, security and integrity of your data or the data of other users or to the performance or availability of the Service; or (iv) to comply with any applicable law or court order; or (v) your Pharmacy or the Operator discontinues the provision of the Service to all users ; and/or (vi) at the discretion of the Pharmacy, without notice.
b) You may terminate this Agreement and terminate your Account at any time for any reason by contacting your Pharmacy. Upon termination of your Account, your Pharmacy will, permanently delete the data within your Account, the whole subject to the Operator’s standard backup procedures.
We are committed to protecting the security of your personal information. We and our Operator apply industry standard safeguards to protect the confidentiality of your personal information. The systems used to provide the Services use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, and disclosure. For example, the personal information within your Account is stored on computer servers, with limited access, and which are located in controlled facilities. Data encryption is used during transmission of personal information. The Service is designed to allow you to change your password at any time.
By using this Service, you agree that your Pharmacy’s Operator and its corporate or non-corporate affiliates (including any of Operator’s authorized suppliers) will replicate and transfer information from your patient file located at your Pharmacy to the system, which is hosted and managed by the Operator, so that you may take advantage of all the benefits linked to the Service. Your Pharmacy shall always retain the right to refuse a prescription refill or an over-the-counter product order which was requested by you through the Service and your Pharmacy and its Operator shall have no responsibility of any nature or kind in this regard.
In order to use the Service, you must have been authorized by your Pharmacy and use the Service from Canada. You may start using the Service as soon as you have finished the signup process and agreed to the terms of this Agreement. The information stored in your Account is not intended to be and should not be used for diagnosis or treatment. In using the Service, you will comply with the terms set forth herein, which includes that you will (i) comply with applicable laws and regulations; (ii) maintain the confidentiality of your Account (including Credentials) and all of uses of your Service Account; (iii) promptly notify us if you observe or learn of a privacy/security breach related to the Service; (iv) be responsible to communicate with your Pharmacy if you notice that the data within your Account is not accurate and/or exhaustive; and (v) indemnify the Pharmacy and its Operator for any failure to comply with the above.
In using the Service you agree not to:
Your Pharmacy commits to use or disclose personal information within the system, including personal health information, exclusively to provide the Service (which includes the billing, support, maintenance and incident resolution services). Usage of the personal information (including personal health information) for the provision of the Service includes that your Pharmacy may use your personal information:
● to provide you with information about the Service, including updates and notifications; and
● &nbsnbsp; to send you e-mail communication, if any.
Your pharmacy may hire other companies to provide the Service or portion of it on its behalf. Your Pharmacy gives those companies only the personal information they need to deliver the Service or portions of it, as applicable. In such circumstances, your Pharmacy requires the companies to maintain the confidentiality of the personal information and prohibits them from using such information for any other purpose.
In addition, your Pharmacy may use and/or
disclose your personal information if your Pharmacy or its Operator believes
such action is necessary to comply with applicable legislation or a legal
process served on your Pharmacy or its Operator (including for the purpose of
investigating fraud or other offences).
Personal information collected is stored and processed in Canada only.
A) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY THE LAW THAT APPLIES IN YOUR JURISDICTION, YOU ACKNOWLEDGE AND AGREE THAT YOUR PHARMACY PROVIDES THE SERVICE ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND AS “INFORMATION ONLY” AND YOUR USE OF SAME IS STRICTLY AT YOUR OWN RISK, WITH NO ADDITIONAL REPRESENTATIONS, CONDITIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. YOUR PHARMACY DOES NOT GUARANTEE TIMELY, ERROR-FREE OR UNINTERRUPTED SERVICE OR THE ACCURACY AND COMPLETENESS OF YOUR ACCOUNT OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICE. THE SERVICE MAY FAIL OR BE INTERRUPTED FOR REASONS INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, TECHNICAL LIMITATIONS, DEFECTS OR FAILURES, LIMITATIONS OF THE SYSTEMS OF TELECOMMUNICATIONS COMPANIES, EMERGENCY OR PUBLIC SAFETY REQUIREMENTS, OR CAUSES BEYOND YOUR PHARMACYS’ OR IT’S OPERATOR’S REASONABLE CONTROL.
B) YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL OR ANY OTHER HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT INTENDED FOR MEDICAL USE, FOR MEDICAL CASE MANAGEMENT, OR FOR DIAGNOSIS, TREATMENT OR CURE, OR A REPLACEMENT OR SUBSTITUTE FOR THE STANDARD PRACTICES, PROFESSIONAL JUDGMENT, SKILL AND EXPERTISE OF THE HEALTH PROFESSIONAL USING THEM, BUT AS A COMPUTER AID FOR THE HEALTH PROFESSIONAL. THE ABSENCE OF AN ALERT (I.E., A TECHNOLOGICAL ALERT BY THE SERVICE) FOR A SPECIFIC SITUATION OR A COMBINATION OF SPECIFIC SITUATIONS SHOULD NOT BE CONSIDERED AS AN ASSURANCE THAT THE SPECIFIC SITUATION OR COMBINATIONS OF SPECIFIC SITUATIONS ARE WITHOUT RISK FOR YOU. YOU MUST ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, DIET, FITNESS OR WELLNESS PROGRAM. YOU MUST NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU ACCESSED ON OR THROUGH THE SERVICE.
THE FOLLOWING LIMITATIONS/EXCLUSIONS DO NOT APPLY IN THE PROVINCE OF QUÉBEC FOR MATERIAL INJURY CAUSED THROUGH AN INTENTIONAL OR GROSS FAULT OF YOUR PHARMACY AND/OR BODILY INJURY CAUSED TO YOU BY YOUR PHARMACY.
a) EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU HEREBY AGREE THAT NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, YOU CAN ONLY RECOVER FROM YOUR PHARMACY THE DAMAGES THAT ARE DIRECTLY ARISING FROM A FAILURE BY YOUR PHARMACY TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND IN ANY EVENT THE TOTAL CUMULATIVE AMOUNT WHICH YOU CAN RECOVER SHALL NOT EXCEED THE FEES PAID BY YOUR PHARMACY TO THE OPERATOR FOR YOUR USAGE OF THE SERVICE. IN ADDITION, NEITHER YOUR PHARMACY NOR ITS OPERATOR SHALL BE LIABLE TO YOU (OR ANY THIRD PARTY) FOR ANY CLAIM, LOSS, COST, EXPENSE OR DAMAGE WHATSOEVER INCLUDING (A) PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES; (B) LOSS OF PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER ECONOMIC LOSS OF ANY NATURE; (C) LOSS OF USE, LOSS OF DATA, LACK OF AVAILABILITY OF YOUR DATA OR THIRD PARTY MATERIALS; (D) INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF; (E) ANY DAMAGES WHATSOEVER RELATING TO THE USAGE OF THIRD PARTY PRODUCTS OR SERVICES (INCLUDING APPLICATIONS AND/OR DEVICES) ACCESSED THROUGH THE SERVICES OR NOT; OR (F) ANY DAMAGES WHATSOEVER RELATING TO BUSINESS INTERRUPTION, DELAYS, VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS, USE AND/OR RELIABILITY OF THE SERVICES, INCOMPATIBILITY BETWEEN THE SERVICE AND OTHER SERVICES, SOFTWARE AND HARDWARE.
b) SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR OF IMPLIED CONDITIONS OR WARRANTIES. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION CONSTITUTE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS, THE FEES THAT YOU OR YOUR PHARMACY WOULD BE REQUIRED TO PAY WOULD BE SUBSTANTIALLY HIGHER AND WOULD IMPACT YOUR PHARMACYS’ ABILITY TO OFFER AND YOUR ABILITY TO RECEIVE AND USE THE SERVICES IN YOUR JURISDICTION.
a) ACKNOWLEDGEMENT BY THE PARTIES. The parties acknowledge and agree that the Pharmacy or its Operator shall retain all rights, title and interest in and to the Service (in object and source code forms) copies thereof and related materials.
b) This Agreement, constitutes the entire agreement between the parties related to the subject matter hereof, and supersedes all previous agreements or representations, oral or written with respect
thereto. The waiver or failure of your Pharmacy to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. If a court determines that any provision of this Agreement is wholly or partially invalid or unenforceable, such invalid or unenforceable provision will be regarded as excluded from this Agreement to the extent of such invalidity or unenforceability and the other provisions of this Agreement will remain in force and not be affected thereby. Your Pharmacy and or its Operator shall have the right to retain subcontractors to perform the Service.
c) FORCE MAJEURE. No party shall be responsible for failure or delay in performance hereunder, by reason of fire, interruptions, failures or defects in internet, telephone or other interconnection service, interruptions, failures or defects in electronics or mechanical equipment, flood, riot, strikes, labour disputes or freight embargoes, acts of god or of the public enemy, war or civil disturbances, any future laws, rules, regulations or acts of any government (including any orders, rules or regulations issued by any official or agency or such government) or any event beyond the reasonable control of a party affecting a party that would delay or prohibit performance hereunder (a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the party whose performance is so affected shall promptly give notice to the other party of the occurrence or circumstance upon which it intends to rely to excuse its performance.
d) ASSIGNMENT. Your Pharmacy may assign its rights and/or obligations, in whole or in part, to third parties upon notice to you. Except to the extent prohibited by law in your jurisdiction, the assignee will be bound by its obligations under this Agreement, and your PHARMACY will be released of its obligations under this Agreement effective as of the date of the assignment. You may not transfer or assign your rights or obligations under this Agreement nor can you transfer or assign your rights to use any part of the Service. This Agreement is solely for the benefit of your Pharmacy, its Operator and you and is not for the benefit of any other third parties.
e) NOTICES. Any notice, request, demand, or other communication required or permitted hereunder may be delivered in electronic form. We may notify you:
o by email at the e-mail address you specified when you signed up for the Service; or
o by notice directly in your account
Any such notice, request, demand, or other communication shall be deemed to have been delivered when received by the party to whom it was addressed. All notices to your pharmacy shall be sent directly to your Pharmacy.
f) GOVERNING LAW AND JURISDICTION. This Agreement and performance hereunder shall be governed by the laws of the province of Quebec. The province of Quebec (in the judicial district of Montreal) shall have exclusive jurisdiction to hear matters arising under this Agreement.