Last updated: September 21, 2023

Terms of Use

The website accessible at medzy.ca (the "Website") is owned and operated by Medzy Inc. (the "Company", "Medzy", "we", "our", or "us").

These Terms of Use ("Terms") constitute a legally binding agreement between the user of the Website ("you" or "your") and Medzy, and govern the terms under which Medzy permits you to access, browse, and view the Content on the Website (as defined in Section 3).

BY ACCESSING AND BROWSING THIS WEBSITE, YOU AGREE TO BE BOUND BY OUR TERMS OF USE. Please read this document carefully and in its entirety, as your use of the Website must comply with these Terms and all applicable laws, including those relating to copyright and trademarks. If, for any reason, you do not agree with the terms set out herein, please discontinue your visit and use of the Website.

1. Secure Platform and Access to Pharmacy Services

A secure platform (the "Secure Platform") allowing you to interact with healthcare professionals associated with pharmacies that offer advisory and other services (the "Participating Pharmacies") is accessible through the Website. Each Participating Pharmacy is independent of Medzy, unless expressly stated otherwise, and each Participating Pharmacy offers its services on the Secure Platform in its own name and on its own behalf.

In addition to these Website Terms, your use of the Secure Platform, where applicable, will be governed by the Secure Platform Terms of Use. Furthermore, the services of the Participating Pharmacy of your choice may be subject to that pharmacy's own terms of service. We encourage you to inquire with them directly.

2. Health Care Content and Pharmacy Services

2.1 Information available on the Website is for informational purposes only

In the event of a medical emergency, please contact a doctor or healthcare professional.

The Website contains health-related information and general healthcare advice, but does not offer and does not claim to offer personalized medical or pharmaceutical advice of any kind. The health-related content on the Website is not a substitute for a consultation with a healthcare professional. Only a healthcare professional can diagnose or treat a health condition. The Website's content should be considered for informational guidance only. You are encouraged to discuss your health condition with a doctor, pharmacist, nurse, or other authorized healthcare professional before acting on any information or general advice you have read on the Website.

Any medication or natural health product may cause serious adverse effects or interactions with other medications. You are responsible for verifying information regarding dosage, precautions, warnings, interactions, and contraindications of any medication, natural product, tool, or method discussed on the Website before administering or using them. Please read carefully all labels, warnings, and package inserts provided by the manufacturer, and consult your pharmacist when purchasing such medications or natural health products. Please keep all medications and natural health products out of reach of children at all times.

Medzy shall in no event be held liable for any action taken based on the general health information and advice presented on the Website.

2.2 Exclusive relationship between you and the Participating Pharmacy of your choice, where applicable

Using the Website does not create a patient-pharmacist relationship between you and a Participating Pharmacy or a healthcare professional in its employ. Such a relationship is established exclusively following a communication between you and a Participating Pharmacy through the Secure Platform. You become a client of a Participating Pharmacy only once you have given your consent for a file transfer, when you voluntarily ask a Participating Pharmacy to process a prescription, or when you consent to a consultation with a pharmacist. Medications and pharmaceutical services accessible through the Secure Platform (including advice provided by a healthcare professional employed by or affiliated with a Participating Pharmacy) are offered and delivered exclusively by the Participating Pharmacies, and form the subject of an exclusive relationship between you and the Participating Pharmacy of your choice. Medzy does not offer and does not claim to offer medications or pharmacy services of any kind. Through its Secure Platform, Medzy provides only a data exchange and protection service to facilitate the relationship between you and the Participating Pharmacy of your choice. The collection and protection of personal information we gather in this context is governed by our Privacy Policy. Since your exclusive relationship with the Participating Pharmacy of your choice may be subject to that pharmacy's own terms of service and privacy policy, we encourage you to inquire with them directly.

3. Intellectual Property

All elements that appear on, are integrated into, or are available on the Website are the property of Medzy or its licensors, as applicable, including without limitation: information, content, documents, images, trademarks, trade names, commercial presentations, reports, data, graphics, interfaces, web pages, text, files, software, company names, logos, and all other elements integrated into or published on the Website (collectively, the "Content"), including the manner in which the Content is presented or appears, and all related information.

You are permitted to browse the Website and view and use the Content in accordance with these Terms (see in particular Section 4), but all associated rights are reserved and no ownership right, licence, or other right is granted to you with respect to the Website or its Content. Any reproduction or use not expressly permitted under these Terms requires the prior written authorization of Medzy (or the relevant rights holder).

4. Restrictions on Use of Content

Subject to your compliance with these Terms, Medzy grants you a non-exclusive, personal, non-transferable, non-sublicensable licence to access (remotely, via an Internet connection you provide) the Website and Content, and to use, display, and view it, solely for informational purposes.

Medzy permits you to copy the Content solely for your personal use or for internal use within your organization. This permission does not grant you the right to distribute the Content to third parties. This permission is valid only on the condition that you: (i) retain all copyright, trademark, and other proprietary notices displayed with the Content in any copies you make, and that you indicate the source of the Content (e.g., the URL where the Content is published); (ii) do not modify the Content in any way; and (iii) do not reproduce, display, execute, distribute, publicly use, or communicate the Content for commercial purposes.

Except as expressly set out above, no Content may be copied, reproduced, republished, uploaded, posted, transmitted, downloaded, or distributed by you in any way without Medzy's prior written consent.

Except as expressly provided herein, or where Medzy has expressly granted written permission to use the Content, no licence or right, express or implied, is granted to any person or Website user. In particular, no right, title, or interest in the Content is transferred to you, including without limitation in Medzy's logos or other Medzy or affiliated pharmacy trademarks, and Medzy reserves all intellectual property rights in such content.

5. Purpose of the Website and Disclaimer of Warranties

The primary purpose of the Website is to provide information about Medzy and, where applicable, the products and services offered by Participating Pharmacies. The information on the Website is provided for informational purposes only and should be used solely for that purpose.

While Medzy makes all reasonable efforts to ensure that the information on the Website is accurate and up to date, it is possible that, on occasion, such information may be incomplete, contain errors, or be outdated or inaccurate. Before making a decision based on the information provided, you should verify it through another source or by communicating with Medzy.

Changes may be made to the Website content periodically, and such changes are incorporated into new versions of the Website. For example, Medzy may make improvements and/or changes to the products and/or programs described on the Website at any time and without notice, and the content is updated accordingly.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS", WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM APPLICABLE LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF GENERAL QUALITY, AVAILABILITY, FREEDOM FROM ERRORS, ACCESSIBILITY, ACCURACY, COMPLETENESS, LEGALITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM PRIOR CONDUCT OR COURSE OF DEALING.

6. Limitation of Liability

MEDZY ASSUMES NO LIABILITY IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR ITS CONTENT, OR IN CONNECTION WITH ANY DAMAGE OR ISSUE OF ANY NATURE OR ORIGIN ARISING FROM THE USE OF THIS WEBSITE AND/OR ITS CONTENT OR THAT MAY RESULT FROM SUCH USE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MEDZY INC. SHALL HAVE NO LIABILITY FOR:

INDIRECT, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES OF AN ECONOMIC NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF OPPORTUNITY, LOSS OF DATA, OR THE COSTS OF DATA RECOVERY, REGARDLESS OF HOW THEY ARISE, EVEN IF MEDZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS AND EVEN IF SUCH DAMAGES OR CLAIMS WERE REASONABLY FORESEEABLE;

DAMAGES OR LOSSES ARISING FROM: (A) VIRUSES, DATA CORRUPTION, FAILED MESSAGE DELIVERY, TRANSMISSION ERRORS OR PROBLEMS; (B) TELECOMMUNICATIONS SERVICE PROVIDERS; (C) THE INTERNET BACKBONE NETWORK; (D) THE CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES; (E) DAMAGES OR LOSSES CAUSED BY YOU OR YOUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; (F) LOSS OF USE OR UNAVAILABILITY OF INFRASTRUCTURE INCLUDING COMPUTER RESOURCES, ROUTERS, AND STORED DATA; (G) USE OF THE WEBSITE OR CONTENT, OR INABILITY TO ACCESS ANY OTHER WEBSITE FROM THE WEBSITE OR THAT YOU ACCESS THROUGH THE WEBSITE; (H) ANY OTHER WEBSITE FROM WHICH YOU ACCESS THE WEBSITE OR WHICH YOU ACCESS THROUGH THE WEBSITE; OR (I) EVENTS BEYOND THE REASONABLE CONTROL OF THE PARTICIPATING PHARMACIES, EVEN IF MEDZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS AND EVEN IF SUCH DAMAGES OR CLAIMS WERE REASONABLY FORESEEABLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEDZY'S TOTAL CUMULATIVE LIABILITY, ARISING FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR MISCONDUCT), SHALL IN NO EVENT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100).

7. Indemnification

You agree to indemnify, hold harmless, and defend Medzy and its affiliated and related companies, as well as their respective directors, shareholders, officers, employees, agents, and other representatives, against all claims, actions, costs, demands, damages, debts, liabilities, and expenses (including legal fees and other disbursements) arising directly or indirectly from:

a) any information or other content you transmit to Medzy by email or any other correspondence;

b) your use of the Website Content, including without limitation any allegations of intellectual property infringement.

8. Third-Party Sites

The Website contains links to websites operated by third parties ("Third-Party Sites"). These links are provided solely for the convenience of Website users, and your access to Third-Party Sites through links on the Website is at your own risk. Medzy makes no representations and provides no warranties regarding Third-Party Sites, the status of such sites, or the information found on or distributed through them. Medzy assumes no liability for any damages that may result from the use of links to Third-Party Sites or from information found on or distributed through them.

9. Privacy

Medzy collects and uses personal information in the course of operating the Website, in accordance with applicable law and its Privacy Policy.

10. Website Monitoring

Medzy reserves the right, at its sole discretion, to monitor your use of the Website, as well as the use and access of all other users. By accessing the Website, you consent to this monitoring. You acknowledge, however, that Medzy is not obligated to monitor user activity on the Website and assumes no responsibility for user activity. Medzy reserves the right to restrict or limit your access to the Website at its discretion.

11. Cookies

Medzy uses "cookies" and other technologies on this Website to collect data that helps it better understand and improve the Website's available features, performance, and effectiveness. Cookies are files transmitted to your browser and stored on your computer. If you do not want Medzy to transmit cookies to your browser, you can configure your browser to reject them or to alert you when a website attempts to add a cookie. Please note that rejecting cookies may affect your ability to use certain Website features. By accessing the Website without having modified your browser settings, you consent to Medzy's use of cookies and release Medzy from any liability relating to such practices.

12. Comments and Suggestions

We welcome comments and suggestions about the Website, its Content, and the secure Platform. However, we recommend that you not share such comments or suggestions with us unless you intend to do so unconditionally. If you send us comments, suggestions, ideas, documents, or any other type of feedback regarding the Website, Content, or secure Platform (collectively, "Feedback"), you irrevocably grant us, under these Terms, all such Feedback for our use at our sole discretion, without any obligation or compensation to you. You also agree to be fully responsible for the content of your submission, including its legality, reliability, and originality.

13. Amendments to the Terms

Medzy reserves the right to modify these Terms at any time, at its discretion, by posting the changes on the Website. You are responsible for periodically reviewing the Website and familiarizing yourself with any changes. Accessing the Website after changes have been posted will be deemed to constitute your acknowledgment and acceptance of the updated Terms.

In the event of a dispute arising under this agreement, the version of the Terms in effect at the time the disputed acts occurred shall govern.

14. Entire Agreement

These Terms, as amended from time to time in accordance with Section 13, together with all other legal notices and policies posted on the Website, constitute the entire agreement between you and Medzy with respect to your use of the Website and its Content.

Notwithstanding the foregoing, certain portions of the Content may be subject to different terms communicated to you at the time you access such content. If terms different from those set out herein are communicated to you in relation to specific content, those terms shall apply to that content and shall take precedence over these Terms. For clarity, the terms of any software licence agreement available for download on the Website shall take precedence over the terms of this agreement.

15. Severability

Any provision of this agreement found to be illegal, invalid, or unenforceable for any reason shall be deemed not to form part of this agreement and shall be severed to the extent of such illegality, invalidity, or unenforceability, to the fullest extent permitted by law, without affecting the remaining provisions of this agreement or their legality, validity, or enforceability.

16. Term and Termination

These Terms, as amended from time to time in accordance with Section 13, are in effect for the duration of each access to and use of the Website.

Medzy may restrict, suspend, or discontinue the Website's operations or features, in whole or in part, as well as your access thereto, at any time and without notice.

Any provision that, by its terms, applies or may apply after the termination or expiry of these Terms will survive such termination or expiry, including without limitation provisions relating to intellectual property, content use restrictions, disclaimers of warranty, limitations of liability, and indemnification obligations.

17. Governing Law and Jurisdiction

Medzy, the Website, and its Content (for clarity, this excludes Third-Party Sites and their content) are located in the province of Quebec (Canada). This agreement and your use of the Website are governed by the laws of the province of Quebec and the federal laws of Canada applicable therein, and shall be treated in all respects as a contract entered into and executed in the province of Quebec, without reference to conflict of laws principles.

Any dispute arising from your use of the Website shall be subject to the exclusive jurisdiction of the courts of the province of Quebec.

18. Disclaimer Regarding Product, Program, and Service Availability

The Website may list or reference Medzy or third-party products, programs, and services that may not currently be available in your country. Any reference to such products in relation to a different territory does not obligate Medzy or the Participating Pharmacies to offer them in your country at any time.