Terms of Use
Last updated: September 21, 2023
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The website accessible at www.medzy.ca (the “Website”) is owned and operated by Medzy Inc. (the “Company”, “Medzy”, “we”, “us”, or “our”).
These terms of use (“Terms of Use”) constitute a legal agreement between the user of the Website ("you”, “your”, or “your”) and Medzy and sets out the Terms of Use under which Medzy allows you to access, browse and consult the Website Content (as that term is defined in Article 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 the Terms of Use and all applicable laws, including copyright and trademark laws. If for any reason you do not agree with the terms set out in these Terms of Use, please terminate your browsing and use of the Website.
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1. Secure Platform and access to pharmacy services
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A secure platform (the “Secure Platform”) that allows you to interact with healthcare professionals associated with pharmacies that offer counselling and other services (the "Participating Pharmacies") is accessible through the Website. Each Participating Pharmacy is independent from Medzy, unless expressly stated otherwise, if applicable, and each Participating Pharmacy offers its services to you on the Secure Platform in its own name and on its own behalf.
In addition to this Website’s Terms of Use, your use of the Secure Platform, if any, will be governed by the Secure Platform Terms of Use. In addition, the services of the Participating Pharmacy of your choice may be subject to the terms and conditions of the applicable pharmacy. Please inquire with the Participating Pharmacy about this.
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2. Health care content and pharmacy services
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2.1 The information available on the Website is for informational purposes only
In the event of a medical emergency, contact a doctor or health care professional.
The Website contains health information and general health care advice, but does not offer or purport to offer, under any circumstances, any personalized medical or pharmaceutical advice whatsoever. The health content of the Website is not a substitute for consultation with a healthcare professional. Only a health professional can diagnose or treat a health problem. The content of the Website should be considered for informational purposes only. It is recommended that you discuss your medical condition with a physician, pharmacist, nurse, or other authorized health care professional before putting into practice any general information or advice that you have become aware of on the Website.
Any drug or natural health product can cause serious side effects or interactions with other drugs. You are responsible for checking the information regarding the dosage, precautions, warnings, interactions, and contraindications of any drug, natural product, tool, or method discussed on the Website before administering or using them. Please read carefully the inscriptions, warnings and pamphlets provided by the manufacturer and consult your pharmacist when purchasing such drugs or natural health products. Please keep medications and natural health products out of the reach of children at all times.
Under no circumstances can Medzy be held responsible for the implementation of the general information and advice relating to health care presented on the Website.
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2.2 Exclusive relationship between you and the Participating Pharmacy of your choice, if applicable
Use of the Website does not establish a patient-pharmacist relationship between you and any Participating Pharmacy or a healthcare professional employed by it. This relationship will be established exclusively as a result of communication between you and a Participating Pharmacy through the Secure Platform. You become a customer of a Participating Pharmacy only when you have given your consent for a file transfer, or when you voluntarily ask a Participating Pharmacy to fill a prescription, or when you consent to a consultation with a pharmacist. Medications and pharmacy services accessible through the Secure Platform (including advice provided by a healthcare professional employed or affiliated with a Participating Pharmacy) are offered and performed exclusively by the Participating Pharmacies, and are 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 drugs or pharmacy services: Medzy, through its Secure Platform, only offers an exchange and data protection service to facilitate the relationship between you and the participating Pharmacy of your choice. The exchange and protection of the personal information we collect in this context is governed by our Privacy Policy. Since your exclusive relationship with the Participating Pharmacy of your choice may be subject to the Terms of Use of the pharmacy in question, including its own privacy policy, it is important to inquire with them about this.
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3. Intellectual property
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All elements appearing on, incorporated into or available on the Website are the property of Medzy or one of its licensors, as the case may be, including but not limited to: information, content, documents, images, trademarks, trade names, trade presentations, reports, data, graphics, interfaces, web pages, text, files, software, company names, logos, and all other materials incorporated into or published on the Website (collectively, the “Content”), including how the Content is presented or appears and all information relating thereto.
You are authorized to browse the Website and to view and use the Content in accordance with these Terms of Use (see article 4), but all rights thereto are reserved and no ownership, license or other right is granted to you with respect to the Website and its Content, and any reproduction or use not explicitly permitted under the Terms of Use must be subject to prior written permission from Medzy (or the third party rights holder).
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4. Restrictions on use of Content
Subject to your compliance with the Terms of Use, Medzy grants you a non-exclusive, personal, non-transferable, non-licensable license to access (remotely through an Internet connection you provide) the Website and the Content and to use, display, and consult them, all for informational purposes only.
Medzy hereby authorizes 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 if you: (i) retain all copyright, trademark, and other proprietary rights notices displayed with the Content, which must remain in any copy you make of the Content, and that you acknowledge the source of the Content (for example, the URL at which the Content is posted); (ii) do not modify the Content in any way; and (iii) reproduce, display, perform, distribute, publicly use or communicate the Content for any commercial purpose.
Except as expressly provided 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 if Medzy has expressly granted written permission to use the Content, no license or right, express or implied, is granted to any person or user of the Website. Specifically, no right, title, or interest is transferred to you with respect to the Content, including, but not limited to, logos or other marks of Medzy or affiliated pharmacies, and Medzy reserves all intellectual property rights in such Content.
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5. Purpose of the Website and limitation of warranty
The primary purpose of the Website is to provide information about Medzy, as well as the products and services offered by Participating Pharmacies, if any. The information on the Website is provided for informational purposes only and should only be used for that purpose.
Although Medzy makes every reasonable effort to ensure that the information on the Website is accurate and up to date, it is possible that from time to time such information may be incomplete, contain errors, or be out of date or inaccurate. Before making a decision based on the information in question, you must validate the information with another source or contact Medzy.
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Changes may be made periodically to the Content of the Website 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 without notice, and the Content is updated accordingly.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS", WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING FROM APPLICABLE LAWS OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NO WARRANTY REGARDING GENERAL QUALITY, AVAILABILITY OR ERROR-FREENESS, ACCESSIBILITY, ACCURACY, COMPLETENESS, LEGALITY, TITLE, NON-INFRINGEMENT, ABILITY TO MEET A SPECIFIC NEED, OR ANY WARRANTY BASED ON PRIOR CONDUCT OR ARISING FROM TRADE USAGE AND CUSTOM.
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6. Limitation of liability
MEDZY ASSUMES NO RESPONSIBILITY FOR THE USE OF THE WEBSITE AND/OR ITS CONTENT, NOR FOR ANY DAMAGE OR PROBLEM, WHATEVER ITS NATURE OR ORIGIN, THAT MAY ARISE FROM THE USE OF THIS WEBSITE AND/OR ITS CONTENT OR THAT MAY OCCUR AS A RESULT OF SUCH USE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS UNDERSTOOD THAT MEDZY INC. WILL NOT BE RESPONSIBLE FOR THE FOLLOWING:
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INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY DAMAGES OF AN ECONOMIC NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST PROFITS, LOST SAVINGS, LOST OPPORTUNITY, LOST DATA, OR COSTS OF DATA RECOVERY, NOTWITHSTANDING HOW THEY AROSE, EVEN IF THERE WAS PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS AND EVEN IF SUCH DAMAGES OR CLAIMS WERE REASONABLY PREDICTABLE;
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DAMAGE OR LOSS ARISING FROM: (A) VIRUSES, DATA CORRUPTION, FAILURE TO SEND MESSAGES, ERRORS OR TRANSMISSION PROBLEMS; (B) TELECOMMUNICATIONS SERVICE PROVIDERS; (C) THE INTERNET BACKBONE; (D) CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES; (E) DAMAGE OR LOSS CAUSED BY YOU OR YOUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; (F) LOSS OF USE OR UNAVAILABILITY OF INFRASTRUCTURE, INCLUDING IT RESOURCES, ROUTERS AND STORED DATA; (G) THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; (H) ANY OTHER WEBSITE FROM WHICH YOU ACCESS OR ACCESS THIS WEBSITE; (I) EVENTS BEYOND THE REASONABLE CONTROL OF PARTICIPATING PHARMACIES, EVEN IF THERE HAS BEEN PRIOR NOTICE 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 CUMULATIVE TOTAL AND AGGREGATE LIABILITY, ARISING FROM ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR GROSS NEGLIGENCE OR OTHERWISE), SHALL IN NO EVENT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CAD).
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7. Indemnity
You agree to indemnify, hold harmless and defend Medzy and its affiliated and related companies, and their respective officers, shareholders, directors, employees, agents and other representatives, from and against any and all suits, remedies, costs, claims, damages, demands, liabilities, liabilities, and expenses (including judicial or extrajudicial fees and other disbursements) attributable to or relating to all suits, remedies, directly or indirectly, to the following:
a) any information or other content that you transmit to Medzy by email or other correspondence;
b) your use of the content of the Website, including, without limitation, regarding allegations of infringement of intellectual property rights.
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8. Third party sites
The Website contains links that allow you to access websites operated by third parties (“Third Party Sites”). These links are provided solely as a convenience to users of this Website and your access to Third Party Sites through links provided on the Website is at your own risk. Medzy makes no representations or warranties about such Third Party Sites, the condition of such Third Party Sites, or the information contained on or distributed through such Third Party Sites. Medzy assumes no responsibility for damages that may result from the use of links to Third Party Sites or information contained on or distributed through Third Party Sites.
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9. Privacy
Medzy collects and uses personal information in connection with the operation of the Website in accordance with applicable laws and its Privacy Policy.
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10. Website control
Medzy reserves the right, in its sole discretion, to monitor your use of the Website, as well as the use and access of all other users. By agreeing to access this Website, you consent to this control. You acknowledge, however, that Medzy is not obliged to act to control the activities of users on the Website, and that it therefore takes no responsibility for the activities of users. Medzy reserves the right to prevent or limit your access to this Website at its discretion.
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11. Cookies
Medzy uses "cookies” and other technologies on this Website to collect data that allows Medzy to better understand and improve the available features, performance, and effectiveness of the Website. Cookies are files that are transmitted to your browser and stored on your computer. If you do not want Medzy to send cookies to your browser, you can set your browser to reject cookies or notify you when a website attempts to embed a cookie in your browser software. By rejecting cookies, your ability to use certain features of the Website may be affected. By accessing the Website without first changing your browser settings, you consent to the use of cookies and release Medzy from any liability for these practices.
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12. Comments and suggestions
We welcome comments and suggestions regarding the Website, as well as the Content and the Secure Platform. However, we suggest that you do not share these comments and suggestions with us unless you intend to donate them unconditionally. If you send us any comments, suggestions, ideas, materials, or any other type of feedback in connection with the Website, the Content, or the Secure Platform (“Feedback”), you hereby irrevocably assign any such Feedback to us so that we may use it for any purpose, in our sole discretion, without any obligation or compensation to you. You further agree to be solely responsible for the content of your submission, including its legality, reliability, and originality.
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13. Modification of Terms of Use
Medzy reserves the right to modify these Terms of Use at any time, at its discretion, by posting the changes on this Website. It is your responsibility to periodically review the Website and review any changes to this Agreement. Your access to or use of the Website after changes have been posted shall be construed as acknowledgement by you and acceptance of the Terms of Use as amended.
In the event of a dispute relating to this Agreement, the version of the Terms of Use that is in effect at the time the contested acts occurred shall govern the dispute.
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14. Entire agreement
The Terms of Use, as amended from time to time in accordance with Article13, and all other legal notices and policies posted on this Website constitute the entire and complete agreement between you and Medzy with respect to the use of the Website and the 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 of use other than those set forth herein are communicated to you with respect to any specific content, those terms apply to that content and take precedence over this Agreement. For clarity, the terms of any license to use software, available for download from the Website, shall take precedence over the terms of this Agreement.
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15. Severability of stipulations
Any provision of this Agreement that is determined to be illegal, invalid or unenforceable for any reason shall be deemed ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the fullest extent permitted by law, all without affecting the other provisions of this Agreement and without affecting its legality, its validity or enforceability.
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16. Term and termination
These Terms of Use, as amended from time to time in accordance with Article13, produce their effects for the duration of each access and use of the Website.
Medzy may limit, suspend or cease the activities or features of the Website, in whole or in part, as well as your access to them, at any time without notice.
Any provision which, according to its terms, applies or may apply after the termination or expiration of the Terms of Use, shall survive any such termination or expiration, including, without limiting the generality of the foregoing, provisions concerning intellectual property, restrictions on the use of the Content, limitations of warranty, Limitations of Liability and Indemnity Obligations.
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17. Applicable laws and competent courts
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 shall be 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 law principles.
Any dispute that may arise from your use of the Website is subject to the exclusive jurisdiction of the courts of the province of Quebec.
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18. Accessibility waiver of products, programs and services
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The Website may list or mention products, programs, and services of Medzy or third parties that may not currently be available in your country. Any mention of these products in relation to a different jurisdiction does not obligate Medzy or the Participating Pharmacies to offer them in your country at any time.
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19. Communications
For any questions, Feedback, or other communications, you may email us at privacy@medzy.ca or write to:
Medzy – Feedback
711-9320 Saint-Laurent Boulevard
Montreal, Quebec, H2N 1N7
Canada
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