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.