Last Updated: September 4, 2021
This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise.
3. Content. The Platforms contain content provided by Mednow and third parties, including editorial content, personal profiles, articles, publications, pictures, videos, information, data, and other materials as well as pharmacy information from Mednow and from third parties (the “Content”) and access to various products and services provided by Mednow and third parties.
4. User Account for the Services. To access certain features of the Services and to obtain Pharmacy Services and Support Services, you may be required to successfully sign up for a user account using the available interfaces of the Services and be issued with a username and password login credentials (the “User ID”). If you are issued with a User ID, you will keep your User ID secure and will not share your User ID with anyone else. We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the Services, Pharmacy Services and Support Services.
5. Your Responsibilities. You agree to:comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy any export control laws;
use reasonable efforts to prevent unauthorized access to or use of the Services;
keep User IDs and all other login information confidential;
monitor and control all activity conducted through your account in connection with the Services; and
promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a User ID or account
6. MEDICAL ADVICE NOT PROVIDED. NONE OF THE CONTENT IS, NOR SHOULD ANY OF THE CONTENT BE CONSTRUED AS BEING, IN ANY WAY WHATSOEVER MEDICAL ADVICE OR ANY OTHER ADVICE OF A SIMILAR NATURE. YOU MAY NOT ACCESS THE SERVICES OF A PHYSICIAN OR ANY OTHER REGULATED HEALTH PROFESSIONAL, OTHER THAN A PHARMACIST THROUGH THE PLATFORMS. THE CONTENT SHOULD NOT BE RELIED UPON AS ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR FIT FOR ANY PARTICULAR PURPOSE. NO ONE SHOULD ACT, OR REFRAIN FROM ACTING, ON THE SOLE BASIS OF THE CONTENT. YOU SHOULD NOT USE THE PLATFORMS, ANY OF THE CONTENT FOR MEDICAL EMERGENCIES, AND IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON THE PLATFORMS OR ANY OF THE CONTENT.
7. PHARMACY SERVICES. The use of the Platforms, as permitted by us and these TOU, enables you to be directed to and access the services of a pharmacy licensed in a Canadian jurisdiction (the “Pharmacies”) and the services of pharmacists (“Pharmacists”) who are licensed in a Canadian jurisdiction (“Pharmacy Services”) and personal health assistants who assist such pharmacists (“PHAs”) by providing support services to you related to you relating to the Pharmacy Services you receive (“Support Services”). The Pharmacies providing services to you are affiliates or subsidiaries of Mednow or are otherwise a part of our network.
The Pharmacies rely upon the location you provide to us in order to determine the appropriate Pharmacy that will provide Pharmacy Services to you. Pharmacists may be located in the jurisdiction in Canada which you reside, or another jurisdiction in Canada, as permitted by their regulatory authority. Pharmacists will fulfil a prescription or assist with information relating thereto, as appropriate. For more information about any particular Pharmacist, you may review their governing body’s website and consult their profile on the register. Pharmacy Services through the Platforms are not a substitute for having your own family doctor or primary care provider provide care to you, or for in-person health care interactions.
MEDNOW’S ROLE IS LIMITED TO MAKING AVAILABLE THE PLATFORMS AND WE ARE NOT A HEALTH CARE PROVIDER AND ARE NOT ENGAGED IN THE PRACTICE OF MEDICINE AND DO NOT DIRECTLY OPERATE ANY PHARMACY. MEDNOW IS NOT A PARTY TO ANY PHARMACIST-PATIENT RELATIONSHIP THAT MAY BE ESTABLISHED THROUGH THE PLATFORMS. WE ARE NOT LIABLE FOR ANY PHARMACY SERVICES OR SUPPORT SERVICES PROVIDED TO YOU, WHICH ARE PROVIDED BY THE APPLICABLE PHARMACY AND PHARMACIST. NONE OF THE CONTENT ON THE PLATFORMS IS MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION OR WARRANTY REGARDING THE SAFETY, APPROPRIATENESS OR EFFECTIVENESS OF ANY PARTICULAR TREATMENT, MEDICATION OR SERVICE FOR YOU.
The Platforms enable Pharmacists and PHAs to receive personal health information (“PHI”) and personal information (“PI”) about you through the Platforms and to provide Pharmacy Services or Support Services to you. Your use of the Platforms neither establishes nor governs your relationship with the Pharmacist or PHA. The Pharmacy Services or Support Services provided to you by the Pharmacist or PHA form a bilateral contractual relationship between you and the Pharmacist or PHA and we are not a party to that agreement.
Once you have connected with a Pharmacist and you have accepted and agreed to any additional terms and conditions required by such Pharmacist, you will be eligible to request and receive Pharmacy Services from such Pharmacist, including to have prescriptions filled and arranged to be delivered to you. The Pharmacists may require additional identification verification from you in order to satisfy their professional obligations. You will always retain the right to choose your pharmacy of choice to fill your prescription.
Since Pharmacy Services are regulated at the provincial and territorial level in Canada, the type of Pharmacy Services that are available to you through the Platform may differ depending on your province or territory of residence and the location at the time you request such Pharmacy Services. There are restrictions on the types of Pharmacy Services that may be provided through the Platforms. Certain types of Pharmacy Services may be excluded or require in-person consultations. If a Pharmacist is not able to assist you, they may advise you to visit a pharmacy, clinic, or hospital for an in-person consultation.
A Pharmacist has the discretion to refuse or discontinue the provision of Pharmacy Services at any time and for any reason, including if they are of the opinion that any Pharmacy Services are not appropriate in the circumstances or if there is actual, potential, or suspected misuse of the Pharmacy Services, fraud, or violation of applicable law. A Pharmacist may determine that certain Pharmacy Services are not appropriate for some or all of your needs, and accordingly may elect not to provide Pharmacy Services to you through the Platforms or otherwise.
THERE ARE ADDITIONAL RISKS ASSOCIATED WITH VIRTUAL SERVICES WHICH MAY ADVERSELY IMPACT THE ABILITY OF A PHARMACIST TO PROVIDE PHARMACY SERVICES, INCLUDING: (A) POOR QUALITY AUDIO-VIDEO OR DATA TRANSFER CONNECTIONS DUE TO REMOTE LOCATIONS OR OTHER NETWORK LIMITATIONS THAT MAY LIMIT THE ABILITY OF THE PHARMACIST TO CONDUCT AN APPROPRIATE ASSESSMENT OF YOUR PHARMACY NEEDS, OR OTHERWISE OBTAIN SUFFICIENT PERSONAL HEALTH INFORMATION FROM YOU TO SUPPORT THE PROVISION OR PHARMACY SERVICES; (B) DELAYS IN EVALUATION RESULTING FROM SIMILAR TECHNOLOGY FAILURES; (C) LACK OF ACCESS TO YOUR PERSONAL HEALTH RECORDS MAINTAINED OUTSIDE THE PLATFORM (I.E., BY YOUR FAMILY PHYSICIAN OR OTHER PRIMARY CARE HEALTH PROFESSIONAL), WHICH MAY RESULT IN ADVERSE DRUG INTERACTIONS, ALLERGIC REACTIONS, OR OTHER ERRORS (YOU SHOULD ALWAYS ADVISE THE APPLICABLE PHARMACIST OF ALL MEDICATIONS YOU ARE TAKING AND ANY ALLERGIES YOU MAY HAVE); AND (D) UNAUTHORIZED COLLECTION, USE OR DISCLOSURE OF YOUR PERSONAL HEALTH INFORMATION DUE TO A SECURITY PROTOCOL BREACH OR FAILURE.
SUPPORT SERVICES PROVIDED BY PHAS ARE INTENDED FOR GENERAL EDUCATIONAL PURPOSES ONLY AND ARE NOT PHARMACY SERVICES. ANY AND ALL SUCH INFORMATION DOES NOT REPLACE CONSULTATIONS WITH QUALIFIED REGULATED HEALTH PROFESSIONALS, INCLUDING PHARMACISTS OR HEALTH CARE PROVIDERS. PHAs may provide information relating to a disease or condition that is not patient specific and that does not include a diagnosis or treatment. Support Services do not replace consultations with qualified regulated health professionals.
8. Payment Method. Depending on the nature of Pharmacy Services you access through the Platform, you may be required to provide Mednow with your Payment Method on behalf of the applicable Pharmacy. Payment of the fees through the credit card validation and processing arrangement described below shall be considered the same as payment made directly to the applicable Pharmacy. We do not store your credit card or debit card number, expiry date, or CVV (digits on the back of your credit card or debit card). We use Third-Party Payment Processors for payment processing, which enables us to securely use the Payment Method in the future without needing to ask for the Payment Method details again. Please see the website of our Third-Party Payment Processor for information about these payment processing services. When you add your Payment Method to your user account, you will be asked to provide Mednow with customary billing information such as name, billing address, and financial instrument information for use by Third-Party Payment Processors to process payments in connection with the Platform. Your billing address must be the same as the shipping address. You will be required to provide Mednow with valid, accurate, current, and complete information when adding your Payment Method and to update and correct your Payment Method as required to ensure that your Payment Method is at all times valid, current, complete, and accurate. If your Payment Method changes as a result of expiry or re-issuance or otherwise, you will immediately notify Mednow via email to email@example.com or via the Contact Us page of the Platform and you acknowledge and agree that we may acquire that information from third parties and update your Payment Method on file in your user account and you consent to us obtaining such information. You authorize our Third-Party Payment Processors to store and use any and all information you provide for use in maintaining your Payment Method, and you authorize Mednow and/or our Third-Party Payment Processors to charge your Payment Method for any and all fees, charges and associated taxes. You acknowledge and agree that:you are solely responsible for the accuracy and completeness of your Payment Method;
9.Currency of Content.The Content is provided for informational purposes only. The Content should not be relied upon as accurate, reliable, complete, current, timely, or fit for any particular purpose. To the extent that the Content is current as of the date of first publication, it may no longer be accurate as a result of the passage of time.
send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Services any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
11. Malicious Code and Security. You are prohibited from attempting to circumvent and from violating the security of the Services including without limitation: (a) accessing content that is not intended for you; (b) attempting to breach or breaching the Services security or authentication measures; (c) restricting, disrupting or disabling service to the Services users, hosts, servers or networks by any means, or (d) otherwise attempting to interfere with the proper working of the Services, including but not limited to by introducing any material that is malicious or technologically harmful.
12.Feedback.We welcome and encourage you to provide feedback, comments, suggestions, ideas, and materials for improvements to the Platform, the Content, and the Services (“Feedback”). You may submit Feedback by contacting us via email at firstname.lastname@example.org or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you automatically grant Mednow a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual, worldwide right and license to use, copy, modify, display, and publish such Feedback for any purpose, without compensation to you, whether in whole or in part and in any format or medium currently known or developed in the future. You acknowledge and agree that Mednow may assign, transfer, or sub-license the above licence to any person, including its affiliates and successors, without any further approval by you.
13.Communications Not Confidential.THERE IS NO GUARANTEE THAT INFORMATION, PI OR PHI ON THE PLATFORMS OR ON THE INTERNET, OR SUBMISSIONS TO THE PLATFORMS OR THROUGH THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE PLATFORMS AND THE CONTENT THEREOF IS AT YOUR OWN RISK AND WE ASSUME NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE PLATFORMS OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION, SUBMISSIONS, OR PERSONAL INFORMATION.
15. Linking and Third-Party Sites. The Platforms may, for convenience, provide links to websites or applications of other parties (each, a “Third-Party Site”). You acknowledge and agree that:the content of Third-Party Sites is not provided by nor under the control of Mednow;
16. Trademarks. Any and all trademarks, corporate names, business names, and other trade names of Mednow, including MEDNOW™, MEDNOW.CA™, PILLSMART™, and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by Mednow are trademarks of Mednow and/or its affiliates (the “Mednow Marks”). Other trademarks, service marks, graphics, and logos used in connection with Mednow Property may be the trademarks of their respective owners. You are not granted any right or license with respect to any of the foregoing trademarks, including Mednow Marks, or any use thereof.
17. Mednow Property.“Mednow Property” means the Platforms and any and all related: (i) Content, Services, and Mednow Marks; (ii) logos, designs, graphics, images, photographs, artwork, and other artistic works; (iii) editorial content, text, data, and other literary works (iv) musical works, performances, and other sounds; (v) videos and all audio-visual works; (vi) selections, arrangements, compilations, modifications, and enhancements of any of the foregoing (vii) software, including scripts and program code that may execute on this Site’s servers or that may be embedded or downloadable from individual web pages on this Site; (viii) the look and feel, architecture, interface, templates, layout, and web pages of this Site; and (ix) intellectual property rights in any of the foregoing.
21. Violation of the Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage the Platforms or any other website or links or to undermine the legitimate operation of the Platforms or any Content or Services may be a violation of criminal and/or civil laws and should such an attempt be made, Mednow reserves the right to seek damages from you to the maximum extent permitted by law.
22. Indemnity. You agree to indemnify, defend, and hold harmless Mednow and its affiliates and their respective directors, officers, employees, personnel, contractors, subcontractors, agents, and representatives from and against any and all actual, threatened or potential civil, criminal, administrative, regulatory, arbitral, or investigative claims, demands, allegations, actions, suits, investigations, or proceedings and any and all losses, liabilities, and damages (including taxes and related penalties) and related costs or expenses, including legal fees (on a full indemnity basis), and expenses and costs of litigation, settlement, judgement, appeal, interest, and penalties (on a full indemnity basis) that may be suffered or incurred by any of them arising out of or as a result of or relating in any manner whatsoever to:
24. Injunctive and Equitable Relief. You acknowledge and agree that:
41. Geographical Restrictions. Mednow makes no representation that the Platforms, the Content or the Services is available for use in locations outside Canada or all locations within Canada. We provide this Services for use only by persons located in Canada. This Platforms are not intended for use in any jurisdiction where its use is not permitted. If you access the Platforms from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
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*La livraison des ordonnances est toujours gratuite en Ontario, en Colombie-Britannique et en Nouvelle-Écosse. Les articles sans ordonnance sont livrés gratuitement avec une ordonnance ou avec un achat de plus de 50 $ avant taxes.