The following terms of use, (the “Terms of Use”) govern your access to and use of: (a) our website including any content, functionality, offered on or through [www.easydrugs.com] (the “Website”); (b) any mobile device software provided by us to you, including our mobile application titled [EasyDrugs] (the “Mobile Application”); (c) our website application titled [EasyDrugs] (the “Website Application”) (d) any text, pictures, media, data, text, information and other materials or content (collectively, the “Content”) contained on or provided through (a) and (c); and (e) all other content, products, or services provided by us to you (collectively with the Mobile Application, the Website Application, the Content, and the Website, the “Platform”).
These Terms of Use form an agreement between Easy Drugs Inc. (“EasyDrugs”, “us”, “we”, “our”) and you. The term “you” or “User” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the Platform (“use” or “using” in these Terms of Use will mean any of the foregoing).
BY USING THE PLATFORM IN ANY WAY, INCLUDING BUYING ANY GOODS WE SELL ON THE PLATFORM (“GOODS”), SENDING A PRESCRIPTION TO A PHARMACY, OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU:
(A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE PLATFORM IS TRUE, ACCURATE, CURRENT, AND COMPLETE;
(B) UNDERSTAND THAT EASYDRUGS IS NOT A LICENSED PHARMACY, AND THAT WE WILL BE COLLECTING YOUR PERSONAL INFORMATION, INCLUDING YOUR PERSONAL HEALTH INFORMATION ON BEHALF OF OUR PHARMACY PARTNERS AND IN ACCORDANCE WITH OUR PRIVACY POLICY
(C) AGREE THAT YOU WILL COMPLETELY AND CAREFULLY READ ALL PROVIDED INFORMATION AND LABELS, AND THAT YOU WILL CONTACT A PHYSICIAN OR PHARMACIST IMMEDIATELY IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING YOUR PRESCRIPTION OR MEDICATION; AND
(D) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION1.
IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE THE PLATFORM.
IF YOU ARE USING THE PLATFORM ON BEHALF OF ANOTHER PERSON\, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Goods, applications, services or otherwise.
(a) Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the Website, send you an email, and/or notify you by some other means as required by applicable law; (ii) post a new version to the Website; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Platform. Otherwise, your continued access to or use of the Platform after any changes to these Terms of Use indicates your acceptance of such changes.
(b) We reserve the right to change the Platform at any time, without notice. We may, at our discretion, suspend your access to or use of the Platform or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; or (iii) to address any emergency security or health concerns.
(a) To access certain features of the Platform, you may be required to successfully sign up for a user account using the available interfaces of the services and select a username and password login credentials (the “User ID”).
(b) If you select a User ID, you will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person.
(c) You must provide us with true, accurate, current and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Platform.
(d) 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 Platform (or any portion thereof).
(e) EasyDrugs is entitled to act on instructions received through your account. EasyDrugs is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID. You are solely responsible for any and all use of your User ID and all orders and activities that occur under or in connection with your User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Platform and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Platform under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Use.
(a) When you use or view the Platform or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(b) If you elect to receive text messages through the Platform, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Platform.
(c) By creating an account to access the Platform, you acknowledge and agree that EasyDrugs will send you service-related e-mails or texts relating to your account, including service updates. These communications can be managed through user features made available through the Platform from time to time. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must stop using the Platform. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all communications without interruption.
(d) If you are a member of our mailing list you will also receive email communications from us regarding our products, services and initiatives (including collaborations and partnerships). If you do not wish to receive these communications, you can unsubscribe from such promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications.
(e) By using the Platform, you acknowledge and agree that EasyDrugs will be collecting certain of your Personal Information, including personal health information (“PHI”) as that term is defined under the applicable legislation electronically, on behalf of our pharmacy partner. We will not provide your PHI to any party other than to the pharmacy that will fill your prescription.
(f) If you sign up through EasyDrugs to receive special offers regarding products and services from our partners, you authorize us to share your email address and other Personal Information (as defined below but which will not include PHI), you authorize with the partner whose offer you wish to receive. If you request these special offers, you acknowledge the partner may also send you future offers that may interest you. You can opt out of future communications from EasyDrugs by changing your user settings or contacting us in the manner described below; you can unsubscribe from future partner communications by following their unsubscribe and opt out instructions. You do not have to agree to participate in these offers in order to use the Platform. You understand that EasyDrugs may receive financial remuneration in exchange for sharing your email address and other Personal Information you authorize with partners if you choose to sign up for an offer. Once you sign up for an offer, you can change your mind at any time, but if the partner or EasyDrugs has already relied on your authorization to share your email or other Personal Information for a particular offer, any action already taken cannot be undone.
(g) You acknowledge and agree that you are solely responsible for providing EasyDrugs with accurate contact information, including your mobile device number and email address, where we may send communications containing your PHI. EasyDrugs is not responsible for user errors and omissions.
(a) The Platform may permit the submission of content, such as articles, comments, and reviews generated by you and by other users intended to be publicly displayed (“User Content”). Generating User Content is entirely optional and you will not be required to generate User Content in order to access the Platform. You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Platform is non-confidential and non-proprietary.
(i) By submitting User Content, you represent and warrant to EasyDrugs that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation (ii) your User Content does not contain the intellectual property or personal information of any party, including yourself; and (iii) you own or have the legal right to use and authorize EasyDrugs to use and reproduce your User Content as contemplated in these Terms of Use.
(ii) By submitting User Content, you represent and warrant that it does not:
(A) contain advertisements, promotional materials, spam, or any other form of solicitation or commercial electronic message;
(B) contain any unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable content, or an unfair product comparison;
(C) contain any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(D) encourage criminal conduct or conduct that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
(E) harvest or otherwise collect or store any information (including personal information) about other users of the Platform;
(F) mislead others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Platform;
(G) attempt to gain unauthorized access to the Platform, other computer systems or networks connected to the Platform, through password mining or any other means; and
(H) interfere with or disrupt networks or servers connected to the Platform or violate the regulations, policies or procedures of such networks.
(iii) By submitting User Content, you hereby grant to EasyDrugs a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that EasyDrugs or its successors may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also waive your moral rights to the User Content, and hereby grant each user of the Platform non-exclusive license to access your User Content through the Platform.
(iv) EasyDrugs does not endorse any User Content or any opinion, recommendation, or advice expressed therein. EasyDrugs reserves the right but is not obligated to monitor User Content or other content sent to or through the Platform. EasyDrugs has the right to refuse, remove or delete any User Content and/or to terminate any user’s access to the Platform if we determine, in our sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. EasyDrugs takes no responsibility for and expressly disclaims any and all liability in connection with any User Content.
(b) You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, store and use the User Content, de-identified data on medication adherence patterns, de-identified data on medication side effects, as well as any other data, information, records or files that you load, transmit to or enter into, or that we collect from, the Platform (collectively, “User Data”): (i) to develop, enhance and make available the Platform; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Data”).
(c) We and our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term for any purpose and without obligations of any kind.
(d) Please review our current privacy policy, available at [www.easydrugs.com] (“Privacy Policy”), which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Use.
(e) We reserve the right to remove, edit, limit, or block access to the User Data at any time and from time to time, and to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use. We have no obligation to display or review your User Data.
(f) To the extent permitted by applicable law, EasyDrugs will not be liable for any failure to store, or for loss or corruption of your User Data.
(g) You represent and warrant to us that your User Data will only contain Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Platform.
(h) You represent and warrant to us that: (a) you own or control the appropriate rights in and to your User Data, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Platform, any User Data that: (i) you do not have the rights necessary to use, transmit, publish, or to grant us the license as described herein; (ii) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party; or (iii) breach or violate any applicable laws or these Terms of Use.
You can use the Platform to:
(a) place a request for your prescription medication (“Prescription”) to be dispensed by one of our pharmacy partners; and
(b) order Goods, such as over-the-counter medications, supplements, natural health products, medical devices, and other consumer items from your pharmacy over the Platform.
These Terms of Use will govern any order you make through the Platform for Goods or for a Prescription (such order, an “Order”).
When you make a Prescription Order (including a refill of a prior Prescription Order), we will collect your information on behalf of our pharmacy partner, who will be providing pharmacy services to you, including validating your Prescription, dispensing medication, and coordinating with EasyDrugs to have it shipped to your address. EasyDrugs is not providing any pharmacy services to you and will have no responsibility or obligation whatsoever in connection with a Prescription Order. EasyDrugs’ role in a Prescription Order is limited to providing your prescription to our pharmacy partner.
When you make an Order for Goods, EasyDrugs or one of our partners will prepare the Order on behalf of the pharmacy partner and ship it to your address. Orders can only be shipped to addresses in Canada.
EasyDrugs will provide administrative and fulfilment services for the pharmacy partner when you place an Order for Goods on the Platform. On behalf of the pharmacy, we will confirm your address and shipping details by sending an email to the email address you have provided and/or calling you to verify your Order. Your placement of an Order through the Platform is an offer to purchase the Goods ordered and we may accept your Order by processing your payment. Your receipt of an electronic or other form of Order confirmation does not signify the pharmacy’s acceptance of your Order, nor does it constitute confirmation of an offer to sell. For any reason, EasyDrugs or our pharmacy partner may decline to accept your Order or any part of your Order. If some of Goods in your Order are temporarily out of stock, we will ship the available Goods only and notify you of any Goods that cannot be fulfilled. If your Order is declined, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any Order or shipping any Goods. All Goods will be deemed accepted by you, and title to, and risk of loss of, the Goods passes to you when you click “place order”. All sales of Goods are subject to our then-current return policies, and EasyDrugs does not allow returns of opened or used Goods.
When you make an account on the Platform, you have the option of selecting which of our pharmacy partners you would like to provide you with pharmacy services (“Preferred Pharmacy”). If you wish to change or remove your Preferred Pharmacy or transfer your prescription(s) to another pharmacy, you can do so through your account at any time. If your Order allows for refills, any refill will go to your Preferred Pharmacy unless you instruct otherwise. If you do not select a Preferred Pharmacy for your profile, EasyDrugs will suggest an available pharmacy partner to provide you with pharmacy services when you place an Order, but you will still need to request that pharmacy provide you with the pharmacy services or to place an Order.
When you place a Prescription Order or a refill of a Prescription Order, our partner pharmacy will provide you with pharmacy services, including validating your prescription, and confirming your address by sending an email to the email address you have provided and/or calling you to verify your Prescription Order. Our pharmacy partner will have the right to determine whether or not it will fulfill your Prescription Order, in its sole discretion. Your receipt of an electronic or other form of Order confirmation does not signify our partner pharmacy’s acceptance of your Prescription Order.
For any reason, our pharmacy partner may decline to fill your Prescription or any part of your Prescription. For example, certain types of medications are not available for purchase through online platforms. If our partner pharmacy cannot fulfil your Prescription Order (for example if some items are out of stock, it cannot fill the order through online sales, or cold chain requirements cannot be maintained), or otherwise declines to fill your Prescription, we will notify you by email and, if appropriate and with your consent, transfer your Order to the next available partner pharmacy.
Our partner pharmacy may require additional verifications or information before accepting any Order. All sales of Prescriptions are subject to our partner pharmacy’s then-current policies, as posted on their website or available from them.
If your Preferred Pharmacy ceases to be a partner pharmacy with us, or if it is no longer available to fulfil your Orders (for example, if you move to a different province) you will need to change your Preferred Pharmacy in order to continue using the Platform.
(a) To pay for an Order, you will need to provide EasyDrugs or, if applicable, a third-party payment processor (the “Payment Processor”) with the information necessary to process a payment from you, including the billing information requested on the Platform or the applicable Payment Processor’s platform. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, if any, in addition to these Terms of Use. We are not responsible for any error by, or other acts or omissions of, any Payment Processor. You may pay for your Order via credit card or any other manner then available on the Platform or applicable Payment Processor’s platform. By submitting your payment information to us or the Payment Processor, you authorize us or the Payment Processor to charge the applicable payment method at our or their convenience (but within thirty (30) days of credit card authorization). You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons age 18 or over are placing Orders, and providing us or the Payment Processor with the information requested during the Order process. We and any Payment Processor are not liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Platform or the Payment Processor’s platform (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us or the Payment Processor, and we and/or the Payment Processor will use reasonable measures within our control to help prevent future unauthorized use of your card. We reserve the right to correct any errors or mistakes that any Payment Processor makes even if it has already requested or received payment.
(b) The terms of your payment will be based on your chosen payment provider and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, either through the Payment Processor or otherwise, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.
(c) You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or the Payment Processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services in accordance with these Terms of Use.
(d) If the amount to be charged to your billing account varies from the amount you preauthorized (other than due to the imposition or change in the amount of applicable sales taxes), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your payment method of choice. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Goods displayed on the Platform may be out-of-stock, discontinued or unavailable for any other reason, and prices are subject to change. Except where otherwise indicated, all prices do not include shipping and handling, sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charges, state, provincial and local sales or use taxes, and customs charges or duties (including brokerage fees) that may apply to your Order for Goods.
We may run promotional offers from time to time on the Platform. The terms of any such promotion will be posted on the Platform. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.
(a) Neither these Terms of Use nor your use of the Platform grants you ownership in the Platform or the Content you access through the Platform. These Terms of Use do not grant you any right to use EasyDrugs’ trademarks or other brand elements. All right, title and interest, including intellectual property rights, in the Platform, the source code in the software we use to provide the Platform (the “Software”), and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of EasyDrugs or our third-party suppliers, if applicable.
(b) The Software and all other materials provided by us hereunder, including content we make available through or in the Platform, are protected by copyright in Canada, the United States and elsewhere in the world pursuant to the Berne Convention. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling any of the Platform, the Software or other materials provided by us hereunder, or sharing or granting access in any of the foregoing to any third party for any purpose.
(c) Any use of third party software provided in connection with the Platform will be governed by such third parties’ licenses and not by these Terms of Use.
(d) The Platform and all materials provided by us hereunder are made available or licensed and not “sold” to you.
(e) EASYDRUGS and the EASYDRUGS logo are the trade names and marks of EasyDrugs. Any trademarks, graphics or logos appearing in or on the Platform and Goods are the exclusive property of EasyDrugs (or its third-party suppliers) and may not be used in any manner without our express written consent.
(f) All rights not expressly granted to you in these Terms of Use are reserved by EasyDrugs.
(g) Subject to these Terms of Use, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable licence during the Term to use the Platform, including to download and display local Content solely in connection with using the Platform, in accordance with these Terms of Use.
(a) The Platform may provide or publish links or access to third party content, websites, or services, including those of our partner pharmacies. Likewise, we may allow you to access the Platform from third party systems. EasyDrugs does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third party content, websites, or services are the property of their respective owners.
(b) EasyDrugs does not endorse any third party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under EasyDrugs’ control, and if you choose to access any such content, websites, or services, or to access the Platform from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.
(c) Your interactions with organizations and/or individuals found on or through the Platform, including providing your prescription, payment, and any delivery of goods and services, as well as any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that to the fullest extent permitted by applicable law EasyDrugs is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
You agree to:
(a) use reasonable efforts to prevent unauthorized access to or use of the Platform;
(b) keep your User IDs and all other login information confidential;
(c) not register for more than one account, register for an account on behalf of an individual other than yourself without such individual’s authorization, or register for an account on behalf of any group or entity;
(d) monitor and control all activity conducted through your account in connection with the Platform;
(e) upload and disseminate only data to which you own all required rights under law and do so only consistent with applicable law;
(f) maintain, protect and make backups of your User Data;
(g) keep your email address and, where applicable, your contact details associated with your account current and accurate;
(h) 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;
(i) not use anyone else’s User ID at any time, without the permission of the User ID holder;
(j) not attempt, in any manner, to obtain the password, account, or other security information from any other user; and
(k) comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, and privacy laws.
You will not use the Platform in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use the Platform for any purpose other than to access and use the Platform. Without limiting the generality of the foregoing, you will not (and will not attempt to) directly or indirectly:
(a) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g., a denial-of-service attack);
(b) attempt to gain unauthorized access to the Platform, or bypass any measures we may use to prevent or restrict access to the Platform;
(c) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Platform any data, information, pictures, videos, audio 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, inaccurate, intentionally misleading, or impersonates any other person, including reviews that are not representative of your experience; (iv) gives the impression that it originates from or is endorsed by us or any other person or entity, if that is not the case; (v) is defamatory, bullying, harassing, abusive, threatening, vulgar, exploitative, obscene, harmful, sexually explicit, inflammatory, offensive or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground, 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, or is otherwise objectionable, such determination to be made in EasyDrugs’ sole discretion; (vi) is harmful to minors in any way or targeted at minors; (vii) 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); (viii) violates, or encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability; (ix) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others; or (x) contains information about an identifiable individual other than yourself, including PHI;
(d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Platform or any part thereof or otherwise attempt to discover any source code; use the Platform for the purpose of building a similar or competitive product or service;
(e) in any manner violate the terms of use of any third party website that is linked to the Platform, including, but not limited to, any third party social media website;
(f) impersonate or attempt to impersonate EasyDrugs, an EasyDrugs employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
(g) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm EasyDrugs or users of the Platform or expose them to liability;
(h) promote any illegal activity or advocate, promote, or assist any unlawful act;
(i) share, transfer or otherwise provide access to an account designated for you to another person; or
(j) authorize, permit, enable, induce or encourage any third party to do any of the above.
We do not guarantee the confidentiality of any communications made by you through the Platform. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform.
You agree that any suggestion or idea provided by you that does not relate to a Prescription Order (such suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Platform or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. Except as prohibited by law, you hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Platform is compatible with your computer system or mobile device or that the Platform, or any links from the Platform, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of the Platform.
THE LAWS OF CERTAIN JURISDICTIONS, WHICH MAY INCLUDE QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
IF YOU ARE EXPERIENCING A HEALTH EMERGENCY YOU SHOULD CALL 911 OR ATTEND THE NEAREST EMERGENCY ROOM. YOU SHOULD REPORT ANY REACTIONS, SIDE EFFECTS OR ADVERSE EVENTS TO YOUR PHYSICIAN OR, IF YOU DO NOT HAVE A PHYSICIAN, TO THE NEAREST WALK-IN CLINIC OR EMERGENCY ROOM. DO NOT REPORT REACTIONS THROUGH THE PLATFORM.
IF YOU HAVE ANY QUESTIONS ABOUT YOUR PRESCRIPTION, CONTACT YOUR PHARMACIST OR YOUR PRESCRIBING PHYSICIAN. DO NOT ASK QUESTIONS ABOUT YOUR PRESCRIPTION THROUGH THE PLATFORM.
YOU ACKNOWLEDGE THAT OUR PARTNER PHARMACIES AND THEIR AUTHORIZED HEALTHCARE PROFESSIONALS (SUCH AS PHARMACISTS) HAVE THE DISCRETION TO REFUSE OR DISCONTINUE THE PROVISION OF HEALTHCARE SERVICES TO YOU AT ANY TIME, INCLUDING FOR ACTUAL OR POTENTIAL MISUSE OF THE PLATFORM.
YOU ACKNOWLEDGE THAT OUR PARTNER PHARMACIES DO NOT OFFER ANY REFUNDS ON MEDICATION THAT HAS LEFT THEIR PHARMACY PREMISES. FURTHERMORE, SHOULD YOUR MEDICATION GO UNCLAIMED OR DELIVERY FAIL FOR ANY REASON, THEN YOUR MEDICATION WILL BE DISPOSED OF IN ACCORDANCE WITH OUR APPLICABLE PARTNER PHARMACY’S DELIVERY POLICY UNLESS YOU CONTACT US OR THE PARTNER PHARMACY TO COORDINATE OTHERWISE WITHIN 30 DAYS OF YOUR FILL DATE.
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM IS NOT INTENDED TO BE A MEDICAL DEVICE OR MEDICAL SERVICE, DOES NOT CONSTITUTE MEDICAL ADVICE, AND IS NOT A REPLACEMENT FOR THE ADVICE OF A MEDICAL OR HEALTH CARE PROFESSIONAL. ACCORDINGLY, YOU ARE RESPONSIBLE FOR YOUR OWN HEALTH AND SAFETY AND YOU WILL EXERCISE YOUR OWN GOOD JUDGMENT AND SEEK THE ADVICE OF A MEDICAL OR HEALTH CARE PROFESSIONAL AS APPROPRIATE IN YOUR CIRCUMSTANCES WHEN REVIEWING OR USING ANY INFORMATION MADE AVAILABLE TO YOU IN CONNECTION WITH THE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE PLATFORM AND THE GOODS PROVIDED BY EASYDRUGS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM AND GOODS WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE PLATFORM AND GOODS ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE PLATFORM.
IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION IN ANY OF THE SERVICES OFFERED BY EASYDRUGS FOR WHATEVER REASON, EVEN IF EASYDRUGS HAS BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EASYDRUGS WILL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS EASYDRUGS HAS IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, EASYDRUGS WILL USE REASONABLE EFFORTS TO RETURN SERVICE AS SOON AS REASONABLY POSSIBLE.
You acknowledge and agree that:
(a) any map displayed may not be complete, accurate, or up-to-date;
(b) EasyDrugs is a technology company with a commercial relationship to provide administrative services to its partner pharmacies;
(c) EasyDrugs is not responsible for providing you with any pharmacy services, and all pharmacy services you access through the Platform will be provided solely by the applicable partner pharmacy;
(d) the inclusion of any pharmacy on the Platform is not an endorsement of such pharmacy by EasyDrugs and does not in any way mean that EasyDrugs is recommending such pharmacy or has conducted any due diligence, vetting or other investigation regarding the pharmacy;
(e) the list of pharmacies on the Platform may not be a complete list of every pharmacy in a particular area and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
(f) the information contained about and records of a particular pharmacy may not be accurate or complete and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
(g) the Platform is NOT to be used by you as a source of medical advice or for the diagnosis of any medical condition; and
(h) there are no emergency services available through the Platform and in the event of an emergency, you will call 9-1-1 or visit your nearest emergency room.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH EASYDRUGS, THE “EASYDRUGS PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE PLATFORM OR THE INABILITY TO MAKE USE OF THE PLATFORM, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM, EXCEED $1000 CAD FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
Without limiting the foregoing, under no circumstances will any of the EasyDrugs Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
You will defend, indemnify and hold harmless the EasyDrugs Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:
(a) Your User Data;
(b) your use of the Platform or Goods (except to the extent prohibited by law);
(c) your breach of any provision of these Terms of Use or any documents referenced herein;
(d) your violation of any law or the rights of a third party (including intellectual property rights); or
(e) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Platform.
EasyDrugs reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to the Platform.
(a) These Terms of Use will commence on the day you first use the Platform and will remain in effect until terminated by either party in accordance with the provisions of these Terms of Use (the “Term”). We may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the Platform. You may terminate these Terms of Use at any time and with immediate effect by requesting by email that your User ID be deleted, or by deleting your account through the Platform, ceasing use of the Platform and uninstalling and deleting the Mobile Application. For greater certainty, if you continue to use any portion of the Platform that is publicly available after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
(b) The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 4 (User Content, User Data, and Privacy), 16 (Communications Not Confidential), 18 (Malicious Code and Security), 19 (Disclaimer), 21 (Limitation of Liability), 22 (Indemnification), 23(b) (Survival), and 25 (General Provisions).
EasyDrugs makes no representation that the Platform is or will be available for use in locations outside Canada or all locations within Canada. The Platform is available for use in Canada, except for the province of Quebec. This may be updated by EasyDrugs from time to time, subject to applicable law. We provide the Platform for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
(a) Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law and such laws apply to your access to or use of the Platform, notwithstanding your domicile, residency or physical location. You will only use the Platform in jurisdictions where the Platform may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia in all disputes arising out of or relating to the use of the Platform. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
(b) Entire Agreement. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Platform and Goods. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(c) Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
(d) Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
(e) Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
(f) Dispute. If you believe that EasyDrugs has not adhered to these Terms of Use, please contact EasyDrugs using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
(g) English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
If you have any questions or comments regarding these Terms of Use, please contact us at info@easydrugs.com.
(a) If the Mobile Application is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:
(b) The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the Mobile Application and content thereof is governed by these Terms of Use.
(c) Notwithstanding anything to the contrary hereunder, you may use the Mobile Application only on an iPhone or iPod touch that you own or control.
(d) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Mobile Application.
(e) In the event of any failure of the Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile Application (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use.
(f) Any claim in connection with the Mobile Application related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim.
(g) Any third party claim that the Mobile Application or your possession and use of the Mobile Application infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
(h) You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
(i) You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Mobile Application.
Name: Easy Drugs Inc.
Address: 200-221 Esplanade W, North Vancouver, BC
Telephone Number: (604) 973-1600
Email Address: info@easydrugs.com
(j) Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you.
(k) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
(a) If the Mobile Application is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:
(b) You acknowledge that Google is not responsible for providing support services for the Mobile Application.
(c) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
