Terms of Use

This version is current since December 1st, 2018

Please read these terms of use carefully. Ask your Pharmacist is a web app that gives people access to reliable and free information on the Internet and allows professionals to offer an innovative service to their customers. We refer to both the web app and the future mobile app together as, the Ask your Pharmacist Platform (hereafter the “Platform”).

Introduction

Use of the Platform is governed by these Terms of Use. Ask your Pharmacist inc. (hereafter the «Company») may amend or modify these Terms of Use at any time, without notice. The current version of these Terms of Use will be available each time you access the Platform. By using the Platform, you agree to be bound by these Terms of Use and are responsible for reviewing these terms of use as well as the Privacy Policy. You also agree that you will comply with all applicable laws and regulations when using the Platform and are prohibited from attempting to violate its security. You should not use the Platform if you do not agree to these Terms of Use or the Privacy Policy, understand what they mean, or do not consent for your data to be used. You should contact our team if you have any questions or concerns, using [email protected]

Not for emergencies

The use of the Platform should never delay a medical consultation. You should not rely on the service offered by the Platform for a life-threatening condition or when delay in dealing with your situation could have a negative impact on your health. The Platform should not be seen as an incentive to deal with multiple pharmacies and/or pharmacists. The Company encourages you to do visit with only one pharmacy, to ensure that your pharmacist has in his possession all the information necessary for the proper treatment of your inquiries.

No Substitute for Health Care Advice

We make available a large proportion of the consultations carried out on the Platform (in respect of the confidentiality of the users). The information included in the Platform is intended solely for your general knowledge. It's not about replacing what a doctor, pharmacist or nurse might tell you. Do not rely on it to diagnose or treat an illness. You must consult your team of professionals if you need medical advice or help. The user understands that pharmacists do not provide any medical diagnosis since the pharmacist is not authorized to make so. The user also understands that all labels and instructions on the package or in the product monograph of pharmacists’ recommended or otherwise mentioned products must be read carefully and fully followed.

Accuracy of Information

The Company takes care to ensure that the Platform is available and that the information on it is accurate, timely and up to date, but does not make any guarantee of the quality, accuracy, or reasonableness of information on it. The Platform and its content is provided “as is” and “as available” without warranty or condition of any kind, either express or implied. The Company expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Platform, to the fullest extent permissible under applicable law.

Additionally, every user is responsible for the accuracy of all data that it enters into the Platform. At the time of creating a profile and at any time using the Platform, it is the responsibility of the user to ensure that all information provided to the pharmacists is truthful, accurate, up-to-date and exhaustive. To do so, the user must update his profile as soon as a modification has to be made. The user agrees to provide all necessary information to pharmacists so that they can adequately answer questions. The Company reserves the right to suspend and/or delete any profile that does not provide accurate, complete and up-to-date information.

The Company is not responsible for any errors or omissions or injury, loss, or damage arising from or relating to the use (or misuse) of any information, statements, or conclusions contained in or implied by the information or publications on this Platform or in any of the source documentation.

Availability of Platform

The Company makes no representations that the Platform will operate uninterrupted and error-free, that communications to or from the Platform will never be intercepted, or will be completely free of errors, viruses, or other harmful or invasive files. The Company is not responsible for your use of or inability to use the Platform, any damage sustained by your computer or device or any loss of data that may result when downloading material, or any error, delay, interruption, or omission in information on the Platform.

From time to time, the Company staff may perform maintenance on the Platform. During this time, access to the Platform, the information it contains, and its features may be limited.

Security

Any information sent or received over the Internet is generally not secure and may be intercepted, lost or altered. The Company cannot guarantee the security of any communication to or from the Platform. The Company does not assume any responsibility or risk for your use of the Internet or the telehealth features available on the Platform.

Intellectual Property

The content of the Platform including text, graphics, trademarks, logos, and other material is protected by copyright and trademark laws, and are owned by the Company. The Platform should not be copied, published or sent to others in any way without getting prior permission from the Company. These rights are protected by the Canadian Copyright Act and other national and international laws and agreements. You may use the Platform for your and your family’s own non-commercial, personal use and you are granted the right to download, store and print single copies of the items or material provided that you maintain all copyright and other notices contained in such content. You may only use the downloaded software to access the Platform. You may not use any technologies that enable you to modify the Platform.

Your rights related to the Platform have limits and cannot be transferred or assigned to others. Your access to the Platform can be suspended or terminated if you don’t follow the Terms of Use or attempt to or assist someone with reverse engineering the Platform.

Creating accounts

The Company does not require users to create an account however certain features will only be accessible to account holders such as:

  • Storing your information so that it can be accessed across multiple devices;
  • Storing your information to protect against loss or theft;
  • Sending your information to your local public health unit.

Whether or not he creates an account, the user agrees:

  1. that his or her personal information is collected, used and disclosed in accordance with the most recent version of the privacy policy;
  2. that a pharmacist may access is Provincial Personal Health Record if he or she thinks that this would support providing an answer;
  3. to hold the Company under no circumstances responsible for the information contained in the answers and/or comments of pharmacists and other users, nor of any actions undertaken and/or damages and/or expenses caused directly or indirectly by the consultation of the Platform. The Company does not approve or recommend any information provided by the pharmacists. Pharmacists answer on their own behalf and commit their own professional responsibility. In any case, the Company could not be held responsible for the comments of a pharmacist and the direct or indirect impacts of these remarks on the user and/or on his entourage;
  4. to not use the platform if he or she is under 14 years old. In the event that the Company is notified or aware that the Platform has been used by a person under the age of 14 without parental consent, the Company must and is authorized to delete, in its entirety, the user account and the information therein. Only the person with parental authority over the age of 14 can use the website to obtain information about the latter;
  5. to be responsible for the activities carried out on and with his profile. It is therefore the responsibility of the user to maintain the confidentiality of his account information, including his password and the email address with which he logs in to his profile and by which he is notified of the pharmacists’ answers. The user agrees to write to [email protected] if his or her password could be lost, stolen, otherwise given to an unauthorized third party or compromised in any way;
  6. to submit only content whose copyright is the sole property of the user and free of hate, disrespectful, racist, sexist or otherwise inappropriate content. The user must also not create more than one profile for the same person or create a profile for a third person without his prior consent;
  7. that any content posted on the Platform becomes the exclusive property of the Company. Note that the user may delete the content placed on the Platform, but in certain situations, some content may not be completely deleted and/or continue to appear in certain places on the Platform and/or elsewhere. The Company can not be held responsible for not removing or removing in its entirety certain content present on the Platform and/or elsewhere;
  8. the Platform may include, at one time or another, a form of advertising that may be targeted to the content of certain parts of the website and/or a user's previous consultations and/or include professional services by various types of professionals, among others. The form, scope and content of the advertisement are subject to change without notice. The user also agrees that we may receive some form of compensation by placing advertising on the platform;
  9. to be bound by the terms of use of Google Maps/Google Earth APIs. See the following link for more information: http://www.google.com/intl/en-CA/policies/terms/;

Additional Terms of use for Professionals

These additional terms apply to Professionals who subscribed to the Platform (hereafter “professionals”). If you are a Professional, you agree to abide by all Platform Terms of use, and that where an additional Professional term contradicts a user therm of use, the Professional term shall prevail.

Professionals: Information

As a Professional, you are required to register with and use your real name, professional contact information, and (if you choose to upload a picture) a real image of you in your Public Profile. You consent to the Company use on or in connection with the Platform of your name, likeness, photograph, biographical information and other personal information provided by you to the Company or publicly available about you.

Professionals: pharmacists in Good Standing

Licensed pharmacists may apply to be and participate as Professionals on the Platform. Pharmacists whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting answers on the Platform. The Company may expand its professional network to include other licensed experts such as dieticians and nurses.

Professionals: Your content

You retain the right to edit and delete your own content that appear in your Public Profile at any time. You also retain the right to use and create derivative works from your own content elsewhere (such as on your own practice website, blog, or in your own social media posts).

Professionals: Permission to post and use

When a Professional creates content on the Platform (such as, but not limited to, an answer to a question), he or she grants the Company an unrestricted right without limitation to use, reproduce, extract data from, publish and post any such content, including in connection with or on the Platform, including in connection with your name. This means that when you create such content, you are giving us rights to this content, including the right to post it or use it in connection with the Platform. You also give us the right to give or transfer all rights granted herein to others. While Professional content creations generally are posted on the Platform, we do not have an obligation to post any particular content and reserve the right, at our sole discretion and for any reason whatsoever to not post and/or to remove any content at any time.

Professionals: Rules when creating content

So that everyone can enjoy using the Platform, we have rules for Professionals content creation. By submitting content to the Platform you agree to follow these rules:

  • You have no obligation to answer any submitted question;
  • Answer a question only when you reasonably believe that you are likely to be useful and helpful to users;
  • If you participate in the AskyourPharmacistU Program (AUrPU), edit students answers before verifying them if you believe that you can improve the educational and informational quality of the answers, and verify then post students answers only when you reasonably believe that they are likely to be useful and helpful to users and when they meet the same standards you would apply to your own answers.
  • Feel free to interact professionally with users and create long-lasting relationships with those in your community. However, help us keep the personal information of our users confidential. Please don't refer to users in or on Content in Public Areas by their real names, even if this information has been disclosed to you.
  • Responses should always be appropriate. Brief, casual, and friendly responses are the most useful. Help the Platform remain a trusted resource, by avoiding potentially offensive content whenever possible.
  • Share your professional clinical expertise though answers that are evidence-based and consistent with accepted standards in the professional community.
  • You are allowed to link to external websites that are both appropriate and related to your responses, but answers on the Platform should be complete and should not be used for primarily promotional purposes. Please do not plagiarize and cite sources where applicable. Providing users with useful and beneficial information and attracting new clients through useful content is permitted, but mere schilling is not.
  • Users of the Platform can find your professional contact information through your Profile, and can contact you for an appointment. However, please avoid violating rules regarding advertising and patient solicitation.
  • Be careful not to discuss privileged or confidential details of past or current patients, or accidentally revealing confidential information in an indirect way - such as by discussing hypothetical illustrations that could be traced back to specific patients.

Acceptable use of the Platform and Termination of Use

If you do not use the Platform as intended, the Company can end your use of it immediately and without notice to you. Inappropriate uses include, but are not limited to, purposely inputting false information, or accessing, using, or disclosing someone else’s information without consent. The Company shall not be liable to any party for such termination.

Limitation of Liability and Indemnity

The Company, subject to applicable law, shall not be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Platform, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. This shall apply even if the Company knew of or ought to have known of the possibility of such damages.

Further you agree to indemnify and hold harmless the Company against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Platform. You will also indemnify and hold harmless the Company from and against any claims brought by third parties arising out of your use of the Platform.

Laws that cover the Company

The laws of Canada and Quebec will apply to the Terms of Use and any disputes that come from them about how you use the Platform. By accessing the Platform you submit to the non-exclusive jurisdiction of the Courts of Quebec, Canada to hear any legal cases arising out of your use of the Platform.

If you have any comments or questions about these Terms of Use, please write to us at [email protected]

© Ask your Pharmacist inc.