PharmaConnect™ Application Agreement
PLEASE READ THE TWO FOLLOWING SECTIONS OF PHARMACONNECT TERMS AND CONDITIONS CAREFULLY.
A. TERMS AND CONDITIONS FOR THE ACTIVATION OF THE ACCOUNT AND FOR THE USE OF TELUS HEALTH'S PHARMACONNECT APPLICATION
The following terms and conditions ("Agreement"), and any amendments are a legal agreement between you and TELUS Health Solutions Inc ("TELUS Health") for the creation of your account related to your access/activation and use of TELUS Health's PharmaConnect Service ("Service") provided by your pharmacy (the "Pharmacy") through a web site or a mobile application (collectively the "Application"). By your use of the Application, you are taken to have read and agreed to this Agreement. If you do not agree with this Agreement, you must not use the Application. This Agreement will apply every time you use the Application. The Application is not intended for use by persons under the age of 18. TELUS Health is not the direct provider of the Service and any support needs related to your Services should be directed to the Pharmacy.
- Application Description The Application and all intellectual property rights therein is the sole property of TELUS Health. TELUS Health is not the service provider of the Service and that any claim under this Agreement or in respect of the Services will solely be brought against the Pharmacy. TELUS Health grants you a personal, revocable, non-exclusive, non-transferrable, non-sub-licensable, limited license to install and use the Application, either on your device or access, subscribe and use the Service on the web. You agree that your use of the Application and access to all material and content forming part of or related to the Application, shall be at your sole risk.
- Term and Termination This Agreement and your license to use the Application commence upon the earlier of your acceptance of this Agreement by clicking on the "I AGREE" button below or using the Application, as applicable, and will continue until you fail to be in compliance with the terms and conditions of this Agreement or this Agreement is terminated. TELUS Health may, in its sole discretion immediately terminate this Agreement at any time and for any reason. In addition, your rights under this Agreement will automatically terminate without notice from TELUS Health if you fail to comply with any terms of this Agreement. Upon termination of this Agreement, you will stop using the Application. TELUS Health will not be liable to you or any third party if TELUS Health terminates this Agreement. You may terminate this Agreement and your service account at any time by contacting each pharmacy you want to disconnect from.
- Fees The Application is provided free of charge. However, you may incur third party data costs associated with an Internet connection when you install or use the Application including Application updates and activities.
- Use of the Application In order to use the Application, you must be a resident of Canada. While you may decide to authorize others, including healthcare providers, to have access to your service account (or Record), the information stored in your service account is not intended to be and should not be used for diagnosis or treatment other than for the Services as described herein. The accuracy and completeness of the data within your service account is solely within your control, therefore it may not always be accurate or up-to-date and it will be viewed by the pharmacies as information to provide the Services and for no other purpose. You can only use the Application for your own individual use and in compliance with law. The performance of the Application may depend on the speed of the Internet connection, the device specifications and memory storage, and other technical conditions which may be outside of TELUS Health's control. You consent to receiving communications from time to time related to the Application, including updates, modifications or enhancements to the Application or any other service announcements, directly through the Application through push notifications, or via SMS or email. You consent to TELUS Health electronically updating, modifying or enhancing the Application, and agree that this Agreement will apply to all such updates, modifications or enhancements, unless accompanied by a separate or updated agreement. From time to time and without prior notice to you, TELUS Health may change, expand or improve the Application. Any change, expansion, improvement or withdrawal of the Application will be done in TELUS Heath's sole and absolute discretion and without an ongoing obligation or liability to you. Your use of the Application does not entitle you to the continued use or availability of the Application. You are under no obligation to use or continue to use the Application, and may temporarily or permanently cease to use the Application without notice to TELUS Health. TELUS Health may from time to time, with reasonable notice to you, amend, modify or supplement this Agreement. Please check the TELUS Health website regularly for revisions to this Agreement. In using the Application you will not: (a) use the Application to perform any activity that violates any applicable laws and/or use the Application to transmit or send any inappropriate, or obscene material; (b) engage in any activity that could compromise the security of or disrupt or interfere with the Application or any network; (c) perform any activity that would harm or disrupt another user's computer or would allow others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming; or (d) disassemble, decompile, or reverse engineer any software included and/or use in the Application, except and only to the extent that the law expressly permits this activity.
- You Are Responsible For Your service account You are solely responsible for all activities that take place with your sign-in credentials (user name and password) and you are responsible to ensure that you and only you use your service account. You are responsible for maintaining the confidentiality of your credentials and are similarly responsible for all uses of your service account with such credentials whether or not such uses are actually authorized by you. You must immediately notify TELUS Health if the security of your service account has been compromised. TELUS Health is not required to confirm the identity or the access right of the user if such user uses your credentials. Non-personal and commercial service accounts are prohibited on the Service in the absence of additional signed agreements with TELUS Health that explicitly allow such account use.
- Privacy You consent to TELUS Health collecting, using and storing the User Information for: (a) creating and managing your Application user profile and facilitating any other Application functionality (b) to evaluate and improve the Application; (c) to market and promote TELUS Health products and services or products and services from third parties; (d) notifying you about changes to the Application and updates to this Agreement; and (e) for the additional purposes identified in the TELUS Health Consumer Privacy Commitment. This notice will serve as your sole notice that installing and using the Application will result in the collection, use and storage of User Information by TELUS Health, and you may not receive any subsequent reminders or further notice. Please refer to the TELUS Health Privacy Commitment for details about refusing or withdrawing your consent. "User Information" means all user profile information (e.g. first name, last name, email address, date of birth, username and password, phone number (optional) and other information entered by you into the Application either manually or via a third party source. Read more about TELUS Health's privacy commitment or privacy code here: https://www.telus.com/privacy or https://pharmaconnect.ca/privacy
- Warranty and Disclaimer A variety of information, text, graphics, videos and other materials ("Content") is provided by third-party suppliers and available through the Application. TELUS Health cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content. The Content available is provided with the understanding that neither TELUS Health nor its suppliers are engaged in rendering medical, counseling, legal or other professional services or advice. Such Content is intended solely as a general educational aid. Except as expressly set forth in this Agreement and to the fullest extent permitted by the law that applies to your jurisdiction, we provide the Service "as-is" and "as available" 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. We do not guarantee timely, error-free or uninterrupted Service or the accuracy or timeliness of information available from the Service. The Service may fail or be interrupted or temporarily suspended 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 other causes beyond TELUS Health's reasonable control. The Service does not provide medical or any other health care advice, diagnosis or treatment other than the Services and is not intended to substitute the knowledge, expertise, skill and judgment of healthcare professionals. 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. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Application. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Service. Solutions that connect with the Service are not endorsed or warranted by us. We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by TELUS Health.
- Liability Limitation To the fullest extent permitted by law, in no event will TELUS Health and its affiliates, and their officers, directors, shareholders, employees, agents and subcontractors be liable for any damages (including incidental, special, indirect, consequential or punitive damages, damages for loss of profits, revenue, opportunity, loss of data or business interruption), arising out of or related to your use or inability to use the Service, however caused. IN ANY CASE, TELUS HEALTH ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF CDN$10.00. You agree to indemnify, defend and hold Licensor, its affiliates and customers, and their respective directors, officers, shareholders, employees, agents and representatives, successors and permitted assigns, harmless from and against any and all claims, suits, actions, proceedings, damages, costs, liabilities, losses, fines, penalties, and expenses (including reasonable legal fees) (collectively, "Losses") resulting from: i. allegations that User Information or their use infringe or misappropriate any intellectual property rights of a third party; ii. allegations that the User Information or your use of the Application contain defamatory, libelous, slanderous, obscene or pornographic materials, or violate a third party's rights of privacy or publicity; iii. allegations arising from a claim by you relating to the use of the Application; iv. any claim made by a third party with respect to, arising from, or alleged to result from, arise out of, or in connection with any breach of any representation, warranty or covenant or obligation set forth in this Agreement by you; or v. your acts or omissions that are negligent, grossly negligent, reckless, or willful.
- Linked Sites The Application may contain links to other web sites that are not under the control of TELUS Health. TELUS Health is not responsible for and makes no representations or warranties concerning the material or content of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the "Linked Sites"). It is your responsibility to verify any material or content contained within the Linked Sites before relying on it. Also, the material or content contained in the Linked Sites may be changed or updated at any time without notice. TELUS Health provides links to you only as a convenience and the inclusion of any links do not imply endorsement, investigation or verification by TELUS Health of the Linked Sites. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review.
- Force Majeure. TELUS Health is not responsible for performance of, or in default of, any obligation or provision of this Agreement where delayed, hindered or prevented by labor disruptions, failure of the networks of other companies, casualties, civil disturbances, legislation, regulation, judicial order, acts of civil or military authorities, terrorism, accidents, fires, epidemics, natural disasters or other catastrophes or events beyond the reasonable control of TELUS Health and its suppliers.
- General Except as expressly stated herein, this Agreement constitutes the entire agreement between you and TELUS Health with respect to your use of the Application. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected and each remaining provision shall be valid and enforceable. The failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
You agree that this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and you agree to be bound by the laws of these jurisdictions.
C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. It is the express wish of the parties that the present Agreement as well as all documents related thereto be drafted in English.
B. END-USER SERVICE AGREEMENT FOR THE USE OF TELUS HEALTH'S PHARMACONNECT SERVICE
The following terms and conditions ("Agreement"), and any amendments are a legal agreement between you ("End-User") and your pharmacy (the "Pharmacy") By your use of the Service, you are taken to have read and agreed to this Agreement. If you do not agree with this Agreement, you must not use the Service.
- Pharmacy and the End-User acknowledge that the EUSA is concluded between Pharmacy and the End-User only, and not with TELUS Health, and Pharmacy not TELUS Health, is solely responsible for the Service.
- The Service is not intended for medical use, for medical case management, or for diagnosis, treatment or cure. End-User acknowledges that the Service does not provide medical or any other health care advice, diagnosis or treatment. The Service should not be considered a medical device 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 any End-User. End-User must always seek the advice of your physician or other qualified health provider with any questions End-User may have regarding a medical condition, diet, fitness or wellness program. End-User must never disregard professional medical advice or delay in seeking it because of information End-User accessed on or through the Service.
- Pharmacy and the End-User acknowledge that the accuracy and completeness of Pharmacy Data within End-User's account is solely within the Pharmacy's control and End-User may not have access to the End-User's complete medical record, and therefore it may not always be accurate or up-to-date and should be viewed by any End-Users as informational only.
- End-User acknowledges and agrees that: (a) the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which TELUS Health may undertake from time to time; or (iii) causes beyond the control of TELUS Health or which are not reasonably foreseeable by TELUS Health, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to End-User's Internet service provider, hostile network attacks, network congestion or other failures. (b) it shall: (i) not, nor shall it permit or assist others, to use the Service for any purpose other than that for which they are intended and designed; (ii) not alter, tamper with or attempt to repair the Service; and (iii) not be entitled to resell the Service.
- In using the Service, End-User will not violate the terms and conditions set forth herein, which includes without limitation, that: (a) End-User will not (or authorize or permit any other party to): use the Service to perform any activity that violates any Applicable Laws and/or, if applicable, use the Service to transmit or send any inappropriate, improper, excessive, threatening or obscene material or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity; (b) End-User will not engage in any activity that could compromise the security of or disrupt or interfere with the Service or any network or computers on the Internet or disrupt or interfere with the services of any third party; (c) End-User will not invade anyone's privacy by any means including but not limited to, by (i) misrepresenting the source of anything End-User may post, including impersonation of another individual or entity; (ii) attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent; (d) End-User will not knowingly provide false or misleading information; (e) End-User will not circumvent, decrypt or bypass any technology that is used to protect the Service; (f) End-User will not perform any activity that would harm or disrupt another user's computer or would allow others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming; resell, rent or redistribute the Service; and (g) End-User will not disassemble, decompile, or reverse engineer any software included and/or use in the Service, except and only to the extent that the law expressly permits this activity. SMS Notification Component specific terms and conditions: (h) End-User will not transfer, resell, lease, license or otherwise make available the SMS Notification Component to third parties or offer it on a standalone basis; (i) End-User will not attempt to use the SMS Notification Component to access or allow access to emergency services; and (j) End-User will comply with the third party Acceptable Use Policy, available at the following address: https://www.twilio.com/legal/aup.
- End-User is solely responsible for all activities that take place with End-User sign-in credentials (user name and password) and End-User is responsible to ensure that End-User and only End-User uses the his/her account. End-User is responsible for maintaining the confidentiality of End-User credentials and is similarly responsible for all uses of the Service with such credentials whether or not such uses are actually authorized by End-User. End-User must immediately notify Pharmacy if the security of his/her account has been compromised
- TELUS Health and its partners shall retain (i) all rights, title and interest in and to the Service (in object and source code forms) copies thereof and related materials.
- SERVICE IS PROVIDED ON AN "AS IS" BASIS AND END USER'S USE OF THE SAME IS AT END-USER'S OWN RISK. PHARMACY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. PHARMACY DOES NOT WARRANT THAT END-USER PORTAL WILL MEET THE REQUIREMENTS OF END USER OR THAT THEY WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
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