By accessing and using the Pharmasea Platform, or participating in any Pharmasea Programs, you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and Pharmasea. If you do not agree to these Terms at any point, you must immediately cease accessing the Pharmasea Platform and participating in any Pharmasea Programs.
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the Pharmasea Platform or participating in any Programs, after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.
On notice to you, Pharmasea may immediately terminate these Terms and/or any Pharmasea Programs, and/or access to the Pharmasea Platform or participation in any Pharmasea Programs, or generally cease offering or deny access to the Pharmasea Platform or any portion thereof and/or any Pharmasea Programs, at any time, for any reason.
Authorized Pharmacists, Authorized Non-Pharmacist Providers, Pharmasea Telemedicine Platform
All pharmacists providing Healthcare Services or Informational Services, as defined below, (each an “Authorized Pharmacist”) are independent, regulated health professionals registered to practice medicine in a Province or Territory of Canada. Pharmasea is not a healthcare provider. Authorized Pharmacists alone are responsible for the Healthcare Services and Informational Services they provide through the Pharmasea Platform.
To the extent permitted by the law in the Province or Territory in which you reside, Authorized Pharmacists may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Pharmacist, consult his or her profile on the register on the website of the medical regulator (in most Provinces, the “College of Pharmacists” of the Province), in the Province or Territory in which the pharmacist Practices.
Authorized Non-Pharmacist Providers
All non-pharmacist providers providing Healthcare Services or Informational Services, as defined below, (each an “Authorized Non-Pharmacist Provider”) are independent, regulated health professionals (such as psychotherapists or nurses) registered to provide healthcare in a Province or Territory of Canada. Pharmasea is not a healthcare provider. Authorized Non-Pharmacist Providers alone are responsible for the Healthcare Services and Informational Services they provide through the Pharmasea Platform.
To the extent permitted by the law in the Province or Territory in which you reside, Authorized Non-Pharmacist Providers may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Non-Pharmacist Provider, consult his or her profile on the register on the website of the regulator (in most Provinces, named a “College”), in the Province or Territory in which the Non-pharmacist Provider Practices.
Authorized Pharmacists and Authorized Non-Pharmacist Providers may provide two kinds of services through the Pharmasea Platform: health care services (“Healthcare Services”) and/or general information about diseases and conditions and how they are treated in Canada (“Informational Services”).
Telemedicine is the delivery of health care and other services using interactive text, audio and video technology, where the patient and the pharmacist are not in the same physical location. During your telemedicine consultation with an Authorized Pharmacist or a Non-pharmacist Provider, you will be asked to provide the Authorized Pharmacist or Non-pharmacist Provider certain Personal Information including Personal Health Information (collectively referred to together as “Information”). When discussing Healthcare Services, information typically refers to Personal Health Information (“PHI”), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters. PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.
The type of services that are available to you through the Pharmasea Platform depends on your province of residence and the location you are in at the time you request the services. This is because telemedicine is regulated by the Provinces and Territories and the rules differ or may differ from time to time, among the Provinces and Territories.
1) Healthcare Services, Limits on Healthcare Services
Healthcare Services will only be made available to you if you are a temporary or permanent resident of British Columbia, Alberta, Ontario, Nova Scotia, Manitoba, Newfoundland and Labrador, Prince Edward Island, New Brunswick, Quebec, Saskatchewan, Nunavut or Yukon, whether or not physically in the Province or Territory at the time that you request the Healthcare Services (“Residency Requirements”). The relationship between you and an Authorized Pharmacist providing Healthcare Services is a pharmacist-patient relationship. Pharmasea is not a party to that relationship. The relationship between you and an Authorized Non-Pharmacist Provider providing Healthcare Services is a provider-patient relationship. Pharmasea is not a party to that relationship.
There are restrictions on the Healthcare Services that can be provided through the Pharmasea Platform. YOU MUST NOT USE THE Pharmasea PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
The following symptoms are specifically excluded from the Healthcare Services: chest pains, difficulty breathing, fever in children under the age of 3 months, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, any abdominal pain severe enough that you are unable to comfortably walk.
In addition to the limitations set out above, Authorized Pharmacists and Authorized Non-Pharmacist Providers are not permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse.
YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN Authorized Pharmacist OR AN Authorized Non-Pharmacist PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A pharmacist OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
You should report any medication reactions, side effects or other adverse events to your family pharmacist or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation. Do not report drug reactions, side effects or adverse events through the Pharmasea Platform.
Authorized Pharmacists and Authorized Non-Pharmacist Providers have the discretion to refuse or discontinue the provision of Healthcare Services to any User at any time, including for actual or potential misuse of the Healthcare Services by a User.
Not a Replacement for Primary Care. Please note that interaction with an Authorized Pharmacist through the Pharmasea Platform is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by the Authorized Pharmacist. We do not provide your family pharmacist with a report about the Healthcare Services that you receive through the Pharmasea Platform. So your family pharmacist can take into consideration these Healthcare Services, including any prescriptions, it is always advisable that you advise your pharmacist about the Healthcare Services you receive, including the issues that caused you to request them. As described below, the Pharmasea Platform enables you to send a summary of your Healthcare Services to a pharmacist of your choice.
2) Informational Services. Limits on Informational Services
Informational Services are available to you whether or not you meet the Residency Requirements. Informational Services are for general educational purposes only (similar to advice that might be provided by a 3rd party medical expert on a phone in radio show), and are not Healthcare Services. The information provided will be disease or condition specific rather than patient specific and will not include diagnosis or treatment. Pharmasea is not a party to your relationship with an Authorized Pharmacist or an Authorized Non-Pharmacist Provider providing Informational Services.
Informational Services do not replace consultations with qualified medical or other relevant healthcare professionals. You agree that you bear all risk associated with the use of or reliance on Informational Services, and release and hold Pharmasea, Authorized Pharmacists, and Authorized Non-Pharmacist Providers providing Informational Services harmless from and against any claim, demand, action, cause of action, damage, loss, cost, liability or expense, including reasonable legal fees, which may be made or brought against or incurred or suffered by Pharmasea or an Authorized Pharmacist, or an Authorized Non-Pharmacist Provider directly or indirectly as a result of, in respect of, or arising out of your reliance on Informational Services.
Authorized Pharmacists and Authorized Non-Pharmacist Providers have the discretion to refuse or discontinue the provision of some or all Informational Services to any User at any time, including for actual or potential misuse of the Informational Services by a User and where the information being requested is not general information but in the nature of a diagnosis or treatment.
By authorizing someone else (a “Third Party”) to pay the fees for your Healthcare Services or Informational Services, as described in the section on Payment below and to the extent permitted under the section on Third Party Payment below, you are representing to Pharmasea, and Pharmasea will rely on your representation, that:
- you consent to us using the email address provided to us by the Third Party to communicate with you regarding the Pharmasea Platform and Healthcare Services and/or Informational Services;
- disclosing the information that you have requested Healthcare Services to the Third Party to permit Pharmasea to process payment for the Healthcare Services and/or Informational Services; and
- notifying the Third Party of any changes or termination of your access to the Pharmasea Platform.
How it Works
The Pharmasea Platform and Healthcare Services
The Pharmasea Platform enables you to access the online provision of health care from healthcare providers who practice in one or more Provinces or Territories of Canada, for you. The Pharmasea Platform and Healthcare Services will only be made available to you if you meet the Residency Requirements set out above, whether or not you are physically in your Province or Territory of residence at the time that you request Healthcare Services. By using the Pharmasea Platform and Healthcare Services, you represent and warrant that you, or any Registered Dependent, meets the Residency Requirements at the time that the Healthcare Services are provided. You agree that the Pharmasea Platform is made available solely for your personal and non-commercial use.
The Pharmasea Platform also enables you to: store Information (including PHI created or compiled in the course of providing Healthcare Services) and to share it with Authorized Pharmacists and Authorized Non-Pharmacist Providers; and receive and store prescriptions and sick notes, among other documents, from Authorized Pharmacists and Authorized Non-Pharmacist Providers electronically. The Pharmasea Platform offers optional services that Pharmasea will perform on your behalf, at your direction, including the ability to: fax securely a summary report about your Healthcare Services to a pharmacist of your choice; fax securely your prescription to your chosen pharmacy and receive notice when it is ready for pick-up; open an account for you with a prescription delivery service; and, where available, securely transmit your information to the prescription delivery service.
The Pharmasea Platform and Informational Services
The Pharmasea Platform enables you to access the online provision of general medical information from Authorized Pharmacists and Authorized Non-Pharmacist Providers. You acknowledge and agree that the Pharmasea Platform and Informational Services are made available solely for your personal and non-commercial use.
BY REGISTERING TO USE THE Pharmasea PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:
- The Pharmasea Platform is a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account) with Authorized Pharmacists and Authorized Non-Pharmacist Providers for the provision of Healthcare Services and/or Informational Services, that Pharmasea is not a party to the relationship between you and any Authorized Pharmacist or Authorized Non-Pharmacist Providers providing Healthcare Services and/or Informational Services. Authorized Pharmacists and Authorized Non-Pharmacist Providers are independent contractors who are not employed by Pharmasea or otherwise affiliated with Pharmasea.
- Authorized PharmacistS AND Authorized Non-Pharmacist PROVIDERS ARE SOLELY RESPONSIBLE FOR HEALTHCARE SERVICES AND INFORMATIONAL SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE AND RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS.
- As with any other medical consultation, no results can be guaranteed or assured: your Authorized Pharmacist or Authorized Non-Pharmacist Provider may determine that Healthcare Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Healthcare Services to you through the Pharmasea Platform.
- As with any other health care service, there are risks associated with the use of the Healthcare Services.
- There are risks associated with any inappropriate reliance on Informational Services.
- The Pharmasea Platform may not permit the transmission of information in a way that allows the Authorized Pharmacist or Authorized Non-Pharmacist Provider to provide Healthcare Services or Informational Services (e.g., poor resolution of images).
- You are responsible for providing the Authorized Pharmacist and Authorized Non-Pharmacist Provider with the information that he or she advises is required in order to provide you with Healthcare Services or Informational Services.
- The content and material appearing on the Pharmasea Platform could include technical, typographical or photographic errors. Pharmasea does not warrant that any of the materials provided are accurate or current (see the Section on “Content” below).
None of the information or materials (collectively, excluding Healthcare Services, (“Content”) available through the Pharmasea Platform is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your family pharmacist or another healthcare provider prior to relying on it and any reliance on Content is at your own risk.
The Pharmasea Platform, all Contents and rights therein, except PHI, are and shall remain Pharmasea's property or the property of Pharmasea's licensors. Neither these Terms nor your use of the Pharmasea Platform convey or grant to you any rights to use or reference in any manner Pharmasea's brand elements, company name, logo, product and service names, trademarks or services marks or those of Pharmasea's licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms.
Preliminaries: User Accounts
In order to use the Pharmasea Platform, including obtaining Healthcare Services or Informational Services, you must register for and maintain an active personal account (“User Account”). You must be at least 18 years of age to create a User Account, unless you are associated with a Third Party that permits individuals under the age of 18 to create a User Account (e.g. such as an international student in Canada associated with a specific insurance provider that is paying Fees on your behalf) and you meet the Third Party minimum age requirement specified to you in any additional terms at the time you create the User Account. You are only permitted to request Healthcare Services for you or for Registered Dependents you have added to your User Account. You must create a separate “profile” for each Registered Dependent, which will include the person’s name and other personal information. Again, you are only permitted to request Healthcare Services for yourself or Registered Dependents. You may request Informational Services for you only.
You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Pharmasea in writing, you may only possess one User Account.
While using the Pharmasea Platform, you may not, and represent and promise that you will not:
- Remove or alter any copyright, trademark, brand elements or other proprietary notices.
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Pharmasea Platform except as expressly permitted by Pharmasea.
- Decompile, reverse engineer or disassemble the Pharmasea Platform except as may be permitted by applicable law.
- Link to, mirror or frame any portion of the Pharmasea Platform.
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Pharmasea Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Pharmasea Platform.
- Attempt to gain unauthorized access to or impair any aspect of the Pharmasea Platform, or its related systems or networks.
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
- Use the Pharmasea Platform in a manner that violates any laws.
- In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the Pharmasea Platform, including Authorized Pharmacists and Authorized Non-Pharmacist Providers. You agree that you will not contact Authorized Pharmacists and Authorized Non-Pharmacist Providers in respect of Healthcare Services or Informational Services except through the Pharmasea Platform. For clarity, Pharmasea has no interest in or control over any interaction that you may have with Authorized Pharmacists and Authorized Non-Pharmacist Providers outside the Pharmasea Platform and unrelated to Healthcare Services or Informational Services.
As set out above, Pharmasea reserves the right to terminate any User’s access or use of the Pharmasea Platform at any time, for any reason. If your User Account is terminated, Pharmasea will have no further obligation to provide access to the Pharmasea Platform, except to the extent there is an obligation to provide you with access to your Information, or we are requested to do so, for a limited period, by an Authorized Pharmacist or an Authorized Non-Pharmacist Provider in connection with his or her professional obligations to you.
Fees/pharmacist Payment/ Payment Options
Like certain other health professional services, Healthcare Services are provided for a fee. The fees for Healthcare Services are only for those elements of Healthcare Services not covered by the provincial health plan in your Province or Territory of residence. We do not charge for services that are covered by provincial health plans. Where you have questions about fees charged for Healthcare Services, please contact us.
You understand that you will be charged a fee for any Healthcare Services and/or Informational Services you receive from an Authorized Pharmacist and/or an Authorized Non-Pharmacist Provider, unless the fees are paid by someone else (e.g. your employer) as permitted under these Terms. There are two options available for payment: pay-per-visit or membership. These options are described below.
We charge Authorized Pharmacists and Authorized Non-Pharmacist Providers a service fee for using the Pharmasea Platform which we deduct from the fees paid for Healthcare Services and Informational Services. Pharmasea facilitates payment of the fees to the Authorized Pharmacist or Authorized Non-Pharmacist Provider. 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 Authorized Pharmacist or Authorized Non-Pharmacist Provider. All fees for Healthcare Services and Informational Services are in Canadian dollars and inclusive of all applicable taxes.
Pay-per-visit option: You may pay the fees for Healthcare Services and Informational Services (“Fees”) at the time you request Healthcare Services and/or Informational Services. Pharmasea requires you to submit credit card information prior to any Healthcare Services or Informational Services being provided to you for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services or Informational Services through the Pharmasea Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that Pharmasea, on behalf of Authorized Pharmacists and Authorized Non-Pharmacist Providers, may validate your credit card and put a hold on it in the amount of the Fees. Pharmasea will notify you of any applicable Fees and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services or Informational Services. Pharmasea will provide you with a receipt for the Fees you pay.
Membership option: Pharmasea may allow you to purchase access to certain specified Healthcare Services or Informational Services during a fixed membership term for a flat fee (“Membership Fee”). Pharmasea will notify you of the applicable Membership Fee and the Healthcare Services and Informational Services that are covered by the Membership Fee in any given year, and will have the Membership Fee processed to your credit card before the first time you obtain Healthcare Services or Informational Services under your membership. For the duration of your membership, you will not be charged additional fees for any Healthcare Services or Informational Services covered by your membership. The only additional fees would be for Healthcare Services or Informational Services you request that are outside of your membership and accordingly not covered by your Membership Fee. For access to Healthcare Services or Informational Services not covered by your membership, you must use the pay-per-visit-option. Your membership will automatically renew until cancelled by you in the Billing section of your Account Settings. In the event of an increase in the Membership Fee, we will notify you in advance, and ask whether you want to continue your membership. Your Membership Fees are non-refundable, except where Pharmasea terminates your access to the Pharmasea Platform, in which case Pharmasea will give you a pro rata refund of your Membership Fee. For clarity, Pharmasea will refund the portion of your Membership Fee corresponding to the number of months remaining on your membership on the date of termination.
Third Party Payment/Coverage
Pharmasea may permit a Third Party (e.g. employer) to pay the Fees and/or Membership Fees for some or all of the Healthcare Services or Informational Services provided to a User or group of Users. In these circumstances, Pharmasea has a contract with the Third Party, under which the Third Party discloses the name and contact information, including the email address, of the User or Users who have agreed to register with Pharmasea to obtain Healthcare Services and/or Informational Services, and for whom the Third Party will pay the Fees or Membership Fees for some or all of the Healthcare Services or Informational Services they receive. The payment option will be determined by the Third Party and Pharmasea. Pharmasea is not a party to and has no control over the agreement between any User and a Third Party payer. Coverage by a Third Party does not release a User from the obligation to comply with these Terms except the Terms related to his or her direct payment of the Fees or Membership Fees. Pharmasea will inform Users of any changes to or termination of their Third Party coverage. Users whose Third Party coverage is terminated may be given the option of continuing to use the Pharmasea Platform under their existing account so long as they pay the Fees or Membership Fees.
Pharmasea Referral Program, Pharmasea Purchasing Credit Program, Pharmasea Gift Card Program
The Pharmasea Referral Program allows Users to earn credits towards future Fees (“Pharmasea Referral Credits”) by referring friends to Pharmasea. Credits can also be purchased in exchange for cash directly through the Pharmasea Platform as part of the Pharmasea Purchasing Credit Program (“Pharmasea Cash Credits“).
How to earn Pharmasea Referral Credits: Users can earn Pharmasea Referral Credits if: (i) a referred friend clicks on their referral link to create a valid Pharmasea account; and (ii) the referred friend provides and verifies their email address and phone number as part of the Pharmasea registration process. The referring User will be credited with Pharmasea Referral Credits in the amount described in the Credits section in the User’s Pharmasea Account Settings. There is no maximum amount of credits a User can earn.
Redeeming Pharmasea Referral Credits and Pharmasea Cash Credits: Pharmasea Referral Credits and Pharmasea Cash Credits will automatically appear as a coupon on the checkout page at any time Fees are due for Healthcare Services and/or Information Services. Pharmasea Referral Credits must be used within 24 months from the date they are issued. After 24 months, the Pharmasea Referral Credits will expire. Pharmasea Cash Credits do not expire. Pharmasea Referral Credits and Pharmasea Cash Credits may not be transferred or exchanged for any cash or money. Pharmasea Referral Credits may not be earned by creating multiple Pharmasea accounts. Pharmasea Referral Credits and/or Pharmasea Cash Credits accrued in separate Pharmasea accounts may not be combined into one Pharmasea account.
Sharing referral links: Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends. The Pharmasea referral process does not send an electronic message from an electronic address.
Referred friends: Referred friends that have created a Pharmasea account using a valid referral link will also receive Pharmasea Referral Credits towards Fees. The standard Pharmasea referral credit is $5.00 (five Canadian dollars), but may vary in some cases, for example if the referred friend signed up as part of a special promotion. The applicable credit amounts and additional terms and conditions will be provided in the referral invitation or accompanying materials.
Multiple referrals: A referred friend may only use one referral link. If a referred friend receives referral links from multiple Users, only the User who sent the referral link used by the referred friend will receive Pharmasea Referral Credits.
Termination and Change: Pharmasea may suspend or terminate the Referral Program or a User’s or referred friend’s participation and/or right to participate in the Referral Program at any time for any reason. We reserve the right to suspend accounts or remove Pharmasea Referral Credits if we notice any activity that we believe is abusive or fraudulent. Pharmasea has the right but not the obligation to monitor referral activities, and to suspend accounts or modify referrals as deemed fair and appropriate. Pharmasea accepts no liability as a result of either monitoring or not monitoring referral activities.
THE Pharmasea PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” Pharmasea DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Pharmasea MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE Pharmasea PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Pharmasea DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES OR INFORMATIONAL SERVICES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE Pharmasea PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES AND INFORMATIONAL SERVICES.
Limitation of Pharmasea's Liability
UNDER NO CIRCUMSTANCE SHALL Pharmasea BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE Pharmasea PLATFORM AND/OR HEALTH CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY Authorized PharmacistS AND/OR Authorized Non-Pharmacist PROVIDERS. Pharmasea, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE Pharmasea PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE Pharmasea PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY Authorized Pharmacist OR ANY Authorized Non-Pharmacist PROVIDER. Pharmasea SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Pharmasea's REASONABLE CONTROL. YOU AGREE THAT Pharmasea HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE Pharmasea SITE OR THE HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY Authorized PharmacistS AND Authorized Non-Pharmacist PROVIDERS.
No liability for computers or networks used to access your account
Pharmasea is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Pharmasea Platform.
You agree to indemnify and hold Pharmasea (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Pharmasea Platform, Healthcare Services and/or Informational Services obtained through your use of the Pharmasea Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Pharmacists and/or Authorized Non-Pharmacist Providers, other Users, any person on whose behalf you request Healthcare Services and/or Informational Services, and/or referred friends. Through the Pharmasea Platform, you may use certain services that are not provided by Pharmasea and that we identify to you for your convenience, e.g., prescription delivery services. To the extent that a service is not provided by Pharmasea, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not Pharmasea.
Entire Agreement. These Terms constitute the entire agreement and understanding of Pharmasea and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.
Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Pharmasea Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms shall be brought to the provincial and federal courts located in the City of Guelph, Ontario.
Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with Pharmasea's prior written consent. Pharmasea may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Severability: If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
If you have questions about the Pharmasea Platform or its use, you can contact Pharmasea Support by sending an email to [email protected]