TERMS OF SERVICE

 

Last Updated: January 27th, 2020

 

Introduction

This Terms of Service (“ToS”) is a binding legal contract between you (the “user”, “visitor”, “client”, “customer”, or “you”) and Medixly and its partners, associates, and affiliates (“we”, “us”, “our") in the use and operation of its Platform, mobile and desktop applications, and services (collectively “Platform”).

By using and accessing this Platform, you acknowledge that you have read, understood, accepted, and agreed to be bound by these terms.

Please note that these terms are subject to modification by us without any notice or notification to you. But we will reflect the modification through the “Last Updated” date above. By your use after the modification, you agree to be bound by the recent terms. 

 

  1. User Registration

To use this Platform, you may be required to register. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

  1. Pharmacy

All Pharmacies, Pharmacists, or Health care professionals who are pharmacists (“Pharmacy”) on this platform are independent, regulated and registered personnel under the applicable professional standards, regulations, and laws of Canada. Therefore, the Pharmacy are solely responsible for the services provided to you. We are not a health care provider or a regulated health professional. We simply provide the platform for the Pharmacy to provide the related services to you from anywhere and at any time. 

 

  1. User Representations

By using this Platform, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary; 
  3. you have the legal capacity and you agree to comply with these Terms of Service; 
  4. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Platform;
  5. you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise;
  6. you will not harass or threaten or abuse confidential information or communication privilege between you and your Pharmacy or other patients on this platform;
  7. you will not use the Platform for any illegal or unauthorized purpose; and
  8. your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

 

  1. Your Personal Information

We will maintain certain information that you transmit to us for the purpose of managing the performance of this Platform and transmission of such information provided to your chosen Pharmacy, as well as information relating to your use of this Platform. Although we perform regular routine backups of data, you are solely responsible for all transmitted personal information or any information that relates to any activity you have undertaken including all communications using this Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of your personal information.

 

  1. Price and Payment Terms

Our Platform are for communication purposes with the pharmacy on medical and health-related matters. We process payments or process orders through third party providers. Kindly visit their websites and read their terms and conditions before payment or processing your order. You are responsible for all payments and harmonized sales taxes, and all other associated taxes. Separate charges for taxes will be shown on the payment invoice.

 

  1. Guidelines for Reviews

We shall provide you with area on this Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. you should have firsthand experience with the person/entity being reviewed;
  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  4. your reviews should not contain references to illegal activity;
  5. you should not be affiliated with competitors if posting negative reviews;
  6. you should not make any conclusions as to the legality of conduct;
  7. you may not post any false or misleading statements; and
  8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews or comments in our sole discretion. We have absolutely no obligation to screen reviews/comments or to delete reviews/comments, even if anyone considers reviews objectionable or inaccurate. Reviews or comments are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a comment, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

  1. Limitation of Liability

In no event will Medixly or its licensors, advertisers, or promoters be liable for any damages suffered by you, either directly or indirectly, as a result of the use or inability to use this Platform or its contents. However, because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

  1. Termination of Account

We may, in our sole discretion, suspend, cancel, restrict or terminate your Account and your use of our Platform, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Platform or our or any third party’s equipment or network is impaired by your use of the Platform, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Platform, or you have been or are in breach of any term or condition of these terms and conditions. We will have no responsibility to notify any third party, including any brand or company that provides products, services, merchandise or information, of any suspension, restriction or termination of your access to the Platform. 

 

  1. Intellectual Property Rights

Medixly, and related words, logos, trade names, trademarks, or registered trademarks are the intellectual property rights of Medixly. The names of other companies, brands, products, or services referred, featured, and reviewed in this Platform may be the trademarks of their respective owners. Any unauthorized use of any other trade names or trademarks is prohibited.

The materials provided on this Platform including, without limitation, all portions of this Platform, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the Medixly materials remains with us and any unauthorized use of such materials is strictly prohibited. All rights reserved.

We reserve the right to take such steps as it deems necessary, including legal action, to enforce its rights under trademark and copyright law.

 

  1. Disclaimer

You understand and agree that:

  1. Use of this Platform and the Services is at your sole risk. This Platform and the Services are provided on an “as is”, “as available” basis. Neither Medixly, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “Medixly Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Platform or the Services and Medixly Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third-party rights, to the maximum extent permitted by law. 
  2. Medixly Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Medixly Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services. 
  3. The access to and downloading of material from this Platform is done at your own risk. Medixly makes reasonable efforts to ensure that this Platform is virus-free, but Medixly does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Platform or the Services.
  4. The relationship between Medixly and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or your use of this Platform. The failure of Medixly to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by you. The headings used in these terms are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms will be ruled unenforceable, then the remainder will be enforced to the extent permissible. This Platform is not intended for use by children under the age of 16. The use of this Platform shall be void where it is prohibited by applicable law.

 

  1. Indemnity

You will defend, indemnify and hold us harmless from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your communication with the Pharmacy or to your use of this Platform, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these terms. Notwithstanding the foregoing, Medixly retains the right to participate in the defense of and settlement negotiations relating to any third-party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.

 

  1. Entire Agreement

These Terms set here applies to visitors, registered users, and third parties of this Platform. These terms may not be altered, supplemented, or amended by anyone without authorization from Medixly. Any attempt to alter, supplement or amend these terms shall be null and void. These Terms may be changed by us at any time, in our sole discretion without prior notice to you.

 

  1. Force Majeure

Medixly is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

 

  1. Governing Law and Dispute

Your use of this Platform and its contents will be governed by the laws of the Province of British Columbia, the laws of Canada and any applicable laws where access and use of this Platform is not prohibited. In event of any disputes, the Courts in British Columbia will have non-exclusive jurisdiction over any legal disputes relating to this Platform.

 

  1. Privacy Policy

Your Credentials, Registration Data and any other information that you provide to us through this Platform, as well as certain other information about you, is subject to our Privacy Policy. Your privacy is important to us. For more information, please see our Privacy Policy for details.

 

  1. Spam Policy

You are strictly prohibited from using this Platform or any of Medixly’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

 

  1. Notices

Except as explicitly stated otherwise, any notices will be given to us by email support@medixly.ca and to you to the email address you provide to Medixly during the sale or registration process. Notice will be deemed given twenty-four (24) hours after the email is sent.

 

  1. Customer Support

Should you have any questions or concerns, or require assistance with the use of this Platform, please contact us at support@medixly.ca.