Terms of Service

Effective Date: January 17, 2018

You should read carefully the following terms and conditions contained in this Terms of Use as they govern your use of the Platforms and all related products and services. if you do not agree with this Terms of Use, you are not granted permission to access or otherwise use the Platforms and are instructed to exit the Platforms immediately.

  1. Legal Agreement

This Terms of Use (“TOU”) is a legal agreement between you and MEDNOW INC., together with our affiliates and distributors (collectively, “us” or “we”), which own and/or operate the websites located at  (the “Websites“), our mobile applications (the “Apps“), our software platforms, and all other services provided by us, as described on the Websites, Apps and our software platforms (collectively, the “Platforms“).  The Platforms operate to connect you with a pharmacy in our network that is located near to you (at the location that you provide to us).

This TOU forms a legally binding agreement between us and you. The term “you” refers to the person or entity visiting the Platforms, browsing or otherwise using the Platforms, or receiving any services through the Platforms.  This TOU sets out circumstances in which you may use the Platforms on behalf of another individual, for example, a child or other individual for whom you have legal authority, in which case references to “you” and “your” include the child or other individual for whom you have the legal authority.

IMPORTANT!  BY ACCESSING AND USING THE PLATFORMS, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TOU AND OUR PRIVACY POLICY AVAILABLE AT: , AND ALL APPLICABLE LAWS.  ACCESSING THE PLATFORMS IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THIS TOU AND THAT YOU INTEND TO BE LEGALLY BOUND BY IT.  IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THIS TOU, PLEASE DO NOT ACCESS OR USE THE PLATFORMS.

You agree that this TOU is the equivalent of a written paper agreement between you and us. For clarity the Pharmacy Services and Support Services are a function of the Platforms, as are other products and services we provide via the Platforms, and all terms relating to the Platforms in any of the foregoing documents are applicable to your use of the Platforms.

DO NOT USE THE PLATFORMS FOR MEDICAL EMERGENCIES.  If you have a medical emergency, call 911 immediately or attend the emergency room of the nearest hospital or health centre. Under no circumstances should you attempt self-treatment based on any content of the Platforms.

THE PLATFORMS ARE NOT SUBSTITUTES FOR THE ADVICE AND MEDICAL CARE BY A PHARMACIST, YOUR PRIMARY DOCTOR OR HEALTHCARE PROVIDER.

You agree that it is solely your responsibility to ensure that your access to and use of the Platforms complies with the laws of your jurisdiction. We make no representation that the Platforms are appropriate or available for use outside Canada.

We reserve the right at any time and from time-to-time to modify, edit and update this TOU and any of our policies. You should review this TOU and all policies regularly to make sure that you are aware of any changes. Your access to use of the Platforms on and after the date on which we post the revised terms constitutes your acceptance of the TOU as revised as well as of any revised policies.

You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Platforms, including all related expenses, if any.

  1. Pharmacy Services and Support Services

The use of the Platforms, as permitted by us and these TOU, enables you to be directed to and access to the services of health care professionals who are pharmacists (“HCPs”) and personal health assistants who assist such pharmacists (“PHAs”) who are part of our network and are located in proximity to your location (as you provide such location to us) by online communication, and to receive assistance with prescriptions and general information relating to pharmaceutical products (“Pharmacy Services” and “Support Services”, respectively).

A HCP may fulfil a prescription or assist with information relating thereto, as appropriate.  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.

ALL HCPs ARE INDEPENDENT, REGULATED HEALTH PROFESSIONALS, REGISTERED TO PROVIDE PHARMACY SERVICES IN A PROVINCE OR TERRITORY IN CANADA, AND ARE SOLELY RESPONSIBLE FOR THE PROVISION OF PHARMACY SERVICES TO YOU IN ACCORDANCE WITH APPLICABLE PROFESSIONAL STANDARDS AND LEGISLATION.  HCPs may be located in the Province or Territory in which you reside, or another Province or Territory in Canada, as permitted by their regulatory authority.  For more information about any particular HCP, you may review their governing body’s website and consult their profile on the register.

ALL PHAs ARE INDEPENDENT PRACTITIONERS AND PROVIDE SUPPORT SERVICES THAT DO NOT FALL WITHIN THE SCOPE OF PRACTICE OF ANY REGULATED HEALTH PROFESSION.  PHAs ARE SOLELY RESPONSIBLE FOR THE PROVISION OF SUPPORT SERVICES TO YOU.

WE ARE NOT A HEALTH CARE PROVIDER AND ARE NOT ENGAGED IN THE PRACTICE OF MEDICINE OR ANY OTHER REGULATED HEALTH PROFESSION.  WE ARE NOT LIABLE FOR ANY PHARMACY SERVICES PROVIDED TO YOU BY HCPs OR SUPPORT SERVICES PROVIDED TO YOU BY PHAs.  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 sharing of your PI and PHI on any Platform does not establish a pharmacist-patient relationship between you and any PHA or us, and is not intended as a solicitation of individuals to become customers of the PHA. Your HCP or PHA is using the Platform under the licence from us and for its own use and purposes. As such, your HCP or PHA is ultimately responsible for all communications with you conducted through the Platform in accordance with any arrangement between you and your HCP or PHA.

  1. License Grant

This TOU provides to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use the Platforms conditioned on your continued compliance with this TOU, all other requirements we impose for the Platforms, and all applicable laws and regulations. From time-to-time we may alter, amend, reduce or eliminate any function or elements of the Platforms, at our sole discretion.

The Platforms may include functionalities and elements that require you to register and create an account to access. Any aspect of the Platforms that requires registration may be governed by additional or substitute terms and conditions provided to you at the time of setting up your account or thereafter as an account holder.

  1. Restrictions

Except as expressly provided herein, we do not grant any other express or implied right to you or any other person. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, reverse engineer, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Platforms in any manner not expressly permitted herein. Moreover, you shall not, nor shall you permit any third party or person to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by us for use of the Platforms.

You further agree not to do any of the following:

  • Download, copy, or re-transmit any or all of the Platforms without, or in violation of, a written license or agreement with us;
  • Use the Platforms in any manner that could disable, overburden, damage or impair the Platforms or interfere with any other party’s use of the Platforms including their ability to engage in real time activities through the Platforms;
  • Use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the Platforms for any purpose including monitoring or copying any of the material on the Platforms;
  • Use any manual process to monitor or copy any of the material on the Platforms or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the web/Internet;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web/Internet or the server on which the Platforms are hosted;
  • Attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack;
  • Attempt to interfere with the proper working of the Platforms, including but not limited to through hacking, ransoming, or other attacks upon the services provided by and function of the Platforms;
  • Use the Platforms to fraudulently misrepresent yourself, impersonate another person, engage in false advertising; to defraud or defame any person, or to engage or otherwise participate in any ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or to collect any personal or personally identifiable information from any user of the Platforms with that person’s knowledge or consent;
  • Distribute the content of the Platforms for any purpose including without limitation compiling an internal database, redistributing or reproduction of the content by the press or media, or through any commercial network, cable or satellite system;
  • Post any content or Submissions, including any messages, ads, data, images, text illustrations, articles, photographs, or audio or video clips that might be considered by a reasonable perso