These terms and conditions of use govern the use of the myPillCard Inc. (“myPillCard”, “we”, “us” and terms of similar meaning) web site and services to individual users, including patients of medical professionals such as physicians, pharmacists, pharmacy technicians, and nurses. myPillCard provides this web site and the services provided by or through this web site to you subject to these terms and conditions of use (these “Terms”).
In these Terms we call this web site, any successor web sites (together, the “Site”), the software we use to provide them, and any applications we provide for use with the Services the “Application”. We refer to the services provided by the Application as the “Services”. The account you create with us, using the Application, to use the Services is in these Terms called your “myPillCard Account”, and the wallet-sized card listing your myPillCard Account information is called your “PillCard™”.
In these Terms, (a) our customers who are individuals using the Services to manage the health care services they receive from medical professionals and others that use the Services are called our “Customers”, (b) those medical professionals and others, and their staff, are called “Health Care Providers”, and (c) all users of the Services, whether they are Customers or Health Care Providers, are called “Users”.
Please read these Terms carefully before using the Services.
By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
myPillCard reserves the right to change any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. Any such change will not have retroactive effect – it will only apply from and after the stated effective date. If we make any such change, we will notify you in advance at the email address you provide in your registration information (it is your responsibility to ensure that such email address is current, and attended). If you do not agree with the change, you can cancel your myPillCard Account without further obligation. Unless otherwise specified, any change will be effective immediately upon the stated effective date of the change, and if no effective date is stated, upon the date that is 30 days after the posting of the change on the Site. Your continued use of the Services after the effective date will constitute your acceptance of such change. If you do not agree to any changes to the Terms, you must stop using the Services. You should from time to time review the Terms and any policies and documents incorporated in them to ensure that you understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you have any questions about the Terms, please email us at the contact information shown at the end of these Terms.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application. You may only use the Site and our services for the purposes expressly permitted on the Site. In particular, you may not use the Site or the Services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by yourself or any other person, any service or technology or product that competes with the Site or the Services or any other service provided through our technology, or that is similar thereto.
myPillCard respects the privacy of our members’ personal and medical information and adheres to the highest standards of security and confidentiality to keep your information safe. Every employee, volunteer and business associate myPillCard endorses and practices a culture of confidentiality and security when it comes to the privacy and confidentiality of your information.
myPillCard is committed to ensuring the privacy of visitors and members who visit its website. Please refer to myPillCard privacy policy, available at www.myPillCard.com/privacypolicy (the “Privacy Policy”) for information on how myPillCard collects, uses and discloses personally identifiable information (“Personal Information”) from its users. By using the Services, you agree to our collection, use and disclosure of personally identifiable information in accordance with the Privacy Policy. Personal Information includes personal health and other personal information, whether pertaining to themselves or other persons, provided to us by a User for use with the Services. For clarity, the Privacy Policy governs the collection, use and disclosure of Personal Information by myPillCard. It does not address a Health Care Provider’s use of the Personal Information it accesses through the Services or that it otherwise obtains from Customers.
You are solely responsible for the accuracy and completeness of your myPillCard Account. If you register for a myPillCard Account, you must (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site or at the pharmacy (“Registration Data”); (b) maintain the security of your password; and (c) maintain the currency of and promptly update the Registration Data and any other information you provide to myPillCard. All information provided through the Site or in connection with any material submitted by you must be true, accurate, current and complete and you undertake to update such information, where applicable, promptly upon the occurrence of any change therein. myPillCard and its service providers will rely on the information you provide. You are responsible for any and all loss, damage, or additional costs that you, myPillCard or its service providers may incur as a result of your submission of any false, incorrect or incomplete information or of your failure to update your Account information or other information that you submit via the Site.
Access to information about you and your medication is controlled through your user identity and password. Please safeguard that information. You are also responsible for all activity on your myPillCard Account. You must ensure that any email address you provide to us in your Registration Data is attended – we will use this email address to send you notices relating to the Services. You agree to be responsible for maintaining the confidentiality of your Account information, including your password and any other account identifiers which you choose or are assigned to you, as a result of any registration with the Site. You are responsible for all users of your Account(s), whether or not actually or expressly authorized by you and you will promptly notify myPillCard of any unauthorized use of your Account, or if you have reason to believe the security of your Account has been compromised. Furthermore, you are responsible for verifying that all information accessed through your Account pertains to you, and no one else, and you will promptly notify myPillCard and your pharmacist of any false, incorrect or incomplete information contained therein.
We have no obligation to disclose myPillCard Account credentials to you in any other way, and we have no liability or responsibility to you or to any other person in the event you lose or cannot remember your myPillCard Account credentials.
First-time PillCard purchases include a free service subscription term (known as "My Services"). Your subscription will automatically renew at the end of each subscription term for another 12-month term. You agree that myPillCard may automatically renew your service subscription on the one-year anniversary of your last subscription date (the “Renewal Date”), unless you cancel your subscription. You may cancel your subscription at any time. All notices regarding your subscription will be sent to your last email of record. Please notify myPillCard at 416.625.7325 before the Renewal Date of any changes to your email and account information.
In these Terms the content available through the Services, including all User Information (as defined below) and other information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Information (for clarity, including Personal Information) provided by a User, whether the User is a Customer or a Health Care Provider, and whether the information pertains to the User or another person, is called that User’s “User Information”. For clarity, information, including Personal Information, that you provide to us in your use of the Services, whether it concerns yourself or any other person, is included in “User Information”.
As between myPillCard and the User, User Information provided by a User is that User’s property. myPillCard’s only right to that User Information is the limited rights of use granted in these Terms. Those rights are described in Section 6 and Section 16 of these Terms.
For clarity, we do not claim any rights, except for the limited rights granted to us in these Terms, to any User Information that you provide to us in your use of the Services.
As between Users, these Terms do not transfer any rights to User Information, or grant any rights to User Information except for the limited rights of use granted in these Terms. Those rights are described in Section 6 and Section 16 of these Terms.
For clarity, these Terms do not claim to change any rights, as between Users, of ownership in User Information that otherwise apply in law.
Other than the User Information, the Services, all Content and all software available on the Services or used to create and operate the Services is the property of myPillCard or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by myPillCard.
Your User Information is your responsibility. Except for our obligations under law, our Privacy Policy and these Terms concerning our collection, use and disclosure of information, we have no responsibility or liability for your User Information, or for any loss or damage your User Information may cause to other people. You are solely responsible for maintaining copies of, archiving and replacing any User Information you post or store on the Services. If you authorize third parties (including other Users) to access your User Information through the Services, you agree that we are permitted to provide to them the User Information, and also agree that we have no responsibility or liability for their use of that User Information.
We do not claim any ownership interest in your User Information, but we do need the right to use your User Information to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you use the Services to enter information in relation to a Health Care Provider (for example, requesting a new medication) and configure your myPillCard Account to display that information to the Health Care Provider, that information is “User Information” under these Terms, and we need your license to that User Information, including the right to sublicense that User Information to the Health Care Provider for that purpose, to use it in the operation of the Services.
Therefore, by posting or distributing User Information to or through the Services, you (a) grant myPillCard and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, approve, and create derivative works from that User Information, in the manner in and for the purposes for which the Services from time to time use that User Information; (b) represent and warrant (i) that you own and control all of the rights to that User Information, or you otherwise have the lawful right to post and distribute that User Information, to or through the Services; and (ii) that the use and posting or other transmission of that User Information through the Services does not violate these Terms and will not violate any laws or rights (including privacy rights) of or cause injury to any person or entity.
If your User Information is intended for the use of other Users (for example, if you provide information to Health Care Providers through the Services), you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense that User Information to those Users for their use in connection with their use of the Services, as described in Section 6 of these Terms.
These licenses from you are non-exclusive because you have the right to use your User Information elsewhere. They are royalty-free because we are not required to pay you for the use of your User Information on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, approve, and create derivative works from” are necessary because the normal operation of the Services does this to your User Information when it processes it for use in the Services.
myPillCard grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print those portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page cacheing) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services or the Content other than for their intended purpose; and (vi) you must use User Information of other persons that is provided to you through the Services in accordance with all applicable laws, including privacy laws, and if any such information is subject to privacy laws, in accordance with your privacy policy.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, as well as these Terms and your myPillCard Account. Any such unauthorized use may also violate applicable laws, including without limitation privacy, copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by myPillCard at any time.
You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
We take reliability and security seriously. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment. However, no system is perfectly secure or reliable, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use myPillCard, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, we are not responsible for ensuring that the Services satisfy your Health Care Providers’ obligations under applicable law or the standards of care applicable to their professions to safeguard the privacy of information you or they provide to us.
The Site may contain links to third party Web sites (“Third Party Sites”) and third party content (“Third Party Content”) as a service to those interested in this information, including payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use links to Third party Sites and any Third party Content or service provided there, at your own risk.
myPillCard makes no claim or representation regarding Third Party Content or Third Party Sites, and provides them or links to them only as a convenience. Inclusion in the Services of a link to a Third Party Site or Third Party Content does not imply myPillCard’S endorsement, adoption or sponsorship of, or affiliation with, such Third Party Site or Third Party Content.
myPillCard accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Content, Third Party Sites, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
The Site, the Content and the Services are provided to you on an “as is” basis without warranties from myPillCard of any kind, either express or implied. myPillCard expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. myPillCard does not represent or warrant that the Site, the Content or the Services are accurate, complete, reliable, current or error-free.
While myPillCard attempts to make your access to and use of the Services safe, myPillCard does not represent or warrant that the Site, the Content, or the Services are free of viruses or other harmful components. myPillCard does not guarantee that the Site will meet your requirements; that the Site will be uninterrupted, timely, secure or error-free; that messages or requests will be delivered; that defects will be corrected; or that the Site is free of viruses or other harmful components. Your use of the Site and any content available on the Site is at your sole risk. You are responsible for verifying any information or other content before relying on it. For greater certainty, you agree that all risk associated with the use of, or reliance on, any information or content of the Site, rests with you. You further agree that myPillCard or any myPillCard Representatives (as hereinafter defined) will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any information or content of the Site.
You waive and shall not assert any claims or allegations of any nature whatsoever against myPillCard, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, the Content or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary or other rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Content, or the Services. You use the Site, the Content and the Services at your own risk.
Without limitation of the foregoing, no Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data or privacy, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, the Content or the Services, including without limitation any damages caused by or resulting from your reliance on the Site, the Content or the Services or other information obtained from any Released Party or accessible via the Site, the Content or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to any Released Party’s records, programs or services. For clarity, no Released Party shall have any liability to you or any other person in any claim of medical malpractice, whether arising out of negligence (ours, your Health Care Providers’ or any other person’s) or otherwise, related to any use of the Site or the Services.
In no event shall the aggregate liability of the Released Parties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Content or the Services exceed any amount paid by you to myPillCard for access to or use of the Site, the Content or the Services, as the case may be, during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless the Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Content and the Services, and from the use of the Site, the Content and the Services by any person to whom you give access to your myPillCard Account, including any claims made by any person that any of your User Information, or the use of it with the Services, infringes the rights, including the privacy and intellectual property rights, of any person. For clarity, under this indemnity you shall defend, indemnify and hold harmless the Released Parties from any claim of medical malpractice, whether arising out of negligence (ours or any other person’s) or otherwise, related to any use by you of the Site or the Services.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notification in the dashboard area of your myPillCard Account. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
Subject to the Privacy Policy, if you send to myPillCard or post on the Site in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that myPillCard can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.
The Services are controlled by myPillCard and operated by it from its office in Peterborough, Ontario. You and myPillCard both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and myPillCard explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content, or the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, and except for claims against you by myPillCard for unpaid fees or other charges for the Services, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) involving myPillCard and arising out of or relating to (a) these Terms; (b) the Site, the Content or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site, the Content or the Services; or (d) the relationships that result from these Terms or the Site, the Content or the Services (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against myPillCard related to any Claim and, where applicable, you also agree to opt out of any class proceedings against myPillCard. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Peterborough, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify myPillCard and the other Released Parties for your failure to comply with any such laws.
Notwithstanding any provision of these Terms, myPillCard reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your right to use the Services, or any portion thereof and the rights of any third party to which you have granted access through the Services to your User Information; (b) block or prevent your future access to and use of all or any portion of the Services or Content and the rights of any third party to which you have granted access through the Services to your User Information; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
If you choose to terminate your myPillCard Account, you must notify us in writing and return your PillCard. myPillCard relies upon the accuracy of the information that you provide. You, therefore, agree to defend, indemnify, and hold myPillCard (including its employees, officers, directors, agents, and organizations with which it maintains a marketing alliance for the provision of services hereunder) harmless from any claim or lawsuit brought by customer or others for injury, death, loss or damages arising in whole or in part out of your provision of incomplete or inaccurate information to myPillCard.
You and myPillCard may terminate these Terms and your use of the Services at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period.
When your myPillCard Account is terminated, your User Information will, shortly thereafter, be deleted from the Services, except for (i) User Information relating to a Health Care Provider if that Health Care Provider continues to be a User of the Services after the termination of your myPillCard Account, which User Information we may continue to use under the license in Section 6 for as long as that Health Care Provider continues to be a User of the Services (provided that this exception and right of use will not apply to information that we receive from you and that would not generally be accessible to a Health Care Provider through the use of our services); and (ii) User Information submitted to our forum or comments on our blog, which may remain on the Services after termination for as long as we operate the Services. In addition, after termination of your myPillCard Account we may retain for our internal use information that we create in or that is derived from the processing of User Information – such as log and system audit information – after your myPillCard Account is terminated, and some information may not be deleted immediately - for example, we retain automated backups for a period of time to assist in disaster recovery.
If your myPillCard Account is inactive for at least two years, we may deactivate your myPillCard Account. Deactivated MyPillCards are not deleted – they are placed in storage and can be restored in accordance with our policy for recovering lost MyPillCard credentials. We will notify you by email if we decide to deactivate your MyPillCard. If you know in advance that your MyPillCard will be inactive at some time and don’t want us to deactivate it, let us know in advance at the support email address on the Site. If after your MyPillCard has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.
If these Terms expire or terminate for any reason, Sections 5, 9, 10, 11, 12, 13, 14, 16 and 17, and any representation or warranty you make in these Terms, shall survive indefinitely.
This Site is intended only for Canadian residents who are at least the age of majority in the province [or territory] in which they reside. By accessing the Site, you represent that you are at least the age of majority in the province [or territory] in which you reside and you agree to use the information contained on the Site in accordance with all applicable local, provincial, national or international laws and regulations. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. myPillCard may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of myPillCard, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and myPillCard regarding your use of the Site, the Content and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and myPillCard regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
If you have any questions regarding these Terms or your use of the Services, please contact us here:
myPillCard.com.
2449 Shelter Valley Road
Grafton, ON K0K 2G0
Email: support@myPillCard.com
Phone: 416.625.7325
These terms and conditions of use govern the use of myPillCard Inc. (“myPillCard”, “we”, “us” and terms of similar meaning) web site and services to medical professionals such as physicians, pharmacists, pharmacy technicians, nurses and others. myPillCard provides this web site and the services provided by or through this web site to you subject to these terms and conditions of use (these “Terms”).
In these Terms we call this web site, any successor web sites (together, the “Site”), the software we use to provide them, and any applications we provide for use with the Services the “Application”. We refer to the services provided by the Application as the “Services”. The account you create with us, using the Application, to use the Services is in these Terms called your “Account”.
In these Terms, (a) our customers who are health care professionals using the Services to provide the health care services to their patients, and the persons to whom those customers give access to their Account (for example, their own staff), are called our “Customers”, (b) those patients are called “Patients”, and (c) all users of the Services, whether they are Customers or Patients, are called “Users”.
Please read these Terms carefully before using the Services.
By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services. You must be at least of the age of majority to use the Services.
myPillCard reserves the right to change any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. Any such change will not have retroactive effect – it will only apply from and after the stated effective date. If we make any such change, we will notify you in advance at the email address you provide in your registration information (it is your responsibility to ensure that such email address is current, and attended). If you do not agree with the change, you can cancel your Account without further obligation, except for the amount due for the balance of the billing period in which you cancel your Account (for example, if your billing period is annually, you will be obligated to pay for the patients up to the day you cancel. You will not be obligated to pay for patients after the date on cancellation. Unless otherwise specified, any change will be effective immediately upon the stated effective date of the change, and if no effective date is stated, upon the date that is 30 days after the posting of the change on the Site. Your continued use of the Services after the effective date will constitute your acceptance of such change. If you do not agree to any changes to the Terms, you must stop using the Services. You should from time to time review the Terms and any policies and documents incorporated in them to ensure that you understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you have any questions about the Terms, please email us at the contact information shown at the end of these Terms.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application. You may only use the Site and our services for the purposes expressly permitted on the Site. In particular, you may not use the Site or the Services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by yourself or any other person, any service or technology or product that competes with the Site or the Services or any other service provided through our technology, or that is similar thereto.
myPillCard respects the privacy of our members’ personal and medical information and adheres to the highest standards of security and confidentiality to keep your information safe. Every employee, volunteer and business associate myPillCard endorses and practices a culture of confidentiality and security when it comes to the privacy and confidentiality of your information.
myPillCard is committed to ensuring the privacy of visitors and members who visit its website. Please refer to myPillCard privacy policy, available at www.myPillCard.com/privacypolicy (the “Privacy Policy”) for information on how myPillCard collects, uses and discloses personally identifiable information (“Personal Information”) from its users. By using the Services you agree to our collection, use and disclosure of personally identifiable information in accordance with the Privacy Policy, and you authorize and appoint us as your agent to collect, use and disclose such information in accordance with the Privacy Policy and with these Terms. Personal Information includes personal health and other personal information, whether pertaining to themselves or other persons, provided to us by a User for use with the Services. For clarity, the Privacy Policy governs the collection, use and disclosure of Personal Information by myPillCard. It does not address your use of the Personal Information you access through the Services or that you otherwise obtains from Patients or other persons.
You are solely responsible for the accuracy and completeness of your Account. If you register for an Account, you must (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site or at the pharmacy (“Registration Data”); (b) maintain the security of your password; and (c) maintain the currency of and promptly update the Registration Data and any other information you provide to myPillCard.
Access to information about you and your patients is controlled through your user identity and password. Please safeguard that information. You are also responsible for all activity on your Account, and for all charges incurred by your Account. You must ensure that any email address you provide to us in your Registration Data is attended – we will use this email address to send you notices relating to the Services.
We have no obligation to disclose Account credentials to you in any other way, and we have no liability or responsibility to you or to any other person in the event you lose or cannot remember your Account credentials.
First-time patient Account registrations include a 12-month service subscription term (known as "My Services"). Your subscription for each patient’s Account will automatically renew at the end of each subscription term for another 12-month term. If you are the Primary Pharmacist, you agree that myPillCard may automatically renew your patient’s service subscription and charge your account on the one-year anniversary of the patient’s last subscription date (the “Renewal Date”). The renewal payment is due on the Renewal Date and will automatically be charged to the same credit card used for the original purchase or the most recent renewal. Please notify myPillCard at 416.625.7325 if you would like to terminate your account completely. You may cancel your account at any time. Your cancellation will be effective at the end of the then-current 12-month subscription term for which you have already paid. The standard annual renewal price will be $49.00 plus HST.
In these Terms the content available through the Services, including all User Information (as defined below) and other information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Information (for clarity, including Personal Information) provided by a User, whether the User is a Customer or a Patient, and whether the information pertains to the User or another person, is called that User’s “User Information”. For clarity, information, including Personal Information, that you provide to us in your use of the Services, whether it concerns yourself or your patients or any other person, is included in “User Information”.
As between myPillCard and the User, User Information provided by a User is that User’s property. myPillCard’s only right to that User Information is the limited rights of use granted in these Terms. Those rights are described in Section 5 and Section 15 of these Terms.
For clarity, we do not claim any rights, except for the limited rights granted to us in these Terms, to any User Information that you provide to us in your use of the Services.
As between Users, these Terms do not transfer any rights to User Information, or grant any rights to User Information except for the limited rights of use granted in these Terms. Those rights are described in Section 6 and Section 15 of these Terms.
For clarity, these Terms do not claim to change any rights, as between Users, of ownership in User Information that otherwise apply in law.
Other than the User Information, the Services, all Content and all software available on the Services or used to create and operate the Services is the property of myPillCard or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by myPillCard.
Your User Information is your responsibility. Except for our obligations under law, our Privacy Policy and these Terms concerning our collection, use and disclosure of information, we have no responsibility or liability for your User Information, or for any loss or damage your User Information may cause to other people. You are solely responsible for maintaining copies of, archiving and replacing any User Information you post or store on the Services. If you authorize third parties (including other Users) to access your User Information through the Services, you agree that we are permitted to provide to them the User Information, and also agree that we have no responsibility or liability for their use of that User Information.
We do not claim any ownership interest in your User Information, but we do need the right to use your User Information to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you use the Services to enter information in relation to a Patient (for example, a new medication) and configure their Account to display that information to your patient, that information is “User Information” under these Terms, and we need your license to that User Information, including the right to sublicense that User Information to the your patients for that purpose, to use it in the operation of the Services.
Therefore, by posting or distributing User Information to or through the Services, you (a) grant myPillCard and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, approve, and create derivative works from that User Information, in the manner in and for the purposes for which the Services from time to time use that User Information; (b) represent and warrant (i) that you own and control all of the rights to that User Information, or you otherwise have the lawful right to post and distribute that User Information, to or through the Services; and (ii) that the use and posting or other transmission of that User Information through the Services does not violate these Terms and will not violate any laws or rights (including privacy rights) of or cause injury to any person or entity.
If your User Information is intended for the use of other Users (for example, if you provide information to Patients through the Services), you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense that User Information to those Users for their use in connection with their use of the Services, as described in Section 7 of these Terms.
These licenses from you are non-exclusive because you have the right to use your User Information elsewhere. They are royalty-free because we are not required to pay you for the use of your User Information on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Information when it processes it for use in the Services.
myPillCard grants you a limited, revocable, non-exclusive, non-sub licensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print those portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page cacheing) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services or the Content other than for their intended purpose; and (vi) you must use User Information of other persons that is provided to you through the Services in accordance with all applicable laws, including privacy laws, and if any such information is subject to privacy laws, in accordance with your privacy policy.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, as well as these Terms and your Account. Any such unauthorized use may also violate applicable laws, including without limitation privacy, copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by myPillCard at any time.
You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
We take reliability and security seriously. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment. However, no system is perfectly secure or reliable, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use myPillCard, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, we are not responsible for ensuring that the Services satisfy your obligations under applicable law or the standards of care applicable to your professions to safeguard the privacy of information you or your patients provide to us.
The Site may contain links to third party Web sites (“Third Party Sites”) and third party content (“Third Party Content”) as a service to those interested in this information, including payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use links to Third party Sites and any Third party Content or service provided there, at your own risk.
myPillCard makes no claim or representation regarding Third Party Content or Third Party Sites, and provides them or links to them only as a convenience. Inclusion in the Services of a link to a Third Party Site or Third Party Content does not imply myPillCard’S endorsement, adoption or sponsorship of, or affiliation with, such Third Party Site or Third Party Content.
myPillCard accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Content, Third Party Sites, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
The Site, the Content and the Services are provided to you on an “as is” basis without warranties from myPillCard of any kind, either express or implied. myPillCard expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. myPillCard does not represent or warrant that the Site, the Content or the Services are accurate, complete, reliable, current or error-free.
While myPillCard attempts to make your access to and use of the Services safe, myPillCard does not represent or warrant that the Site, the Content, or the Services are free of viruses or other harmful components. myPillCard does not guarantee that the Site will meet your requirements; that the Site will be uninterrupted, timely, secure or error-free; that messages or requests will be delivered; that defects will be corrected; or that the Site is free of viruses or other harmful components. Your use of the Site and any content available on the Site is at your sole risk. You are responsible for verifying any information or other content before relying on it. For greater certainty, you agree that all risk associated with the use of, or reliance on, any information or content of the Site, rests with you. You further agree that myPillCard will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any information or content of the Site.
You waive and shall not assert any claims or allegations of any nature whatsoever against myPillCard, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, the Content or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary or other rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Content, or the Services. You use the Site, the Content and the Services at your own risk.
Without limitation of the foregoing, no Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data or privacy, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, the Content or the Services, including without limitation any damages caused by or resulting from your reliance on the Site, the Content or the Services or other information obtained from any Released Party or accessible via the Site, the Content or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to any Released Party’s records, programs or services. For clarity, no Released Party shall have any liability to you or any other person in any claim of medical malpractice, whether arising out of negligence (ours or any other person’s) or otherwise, related to any use of the Site or the Services.
In no event shall the aggregate liability of the Released Parties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Content or the Services exceed any amount paid by you to myPillCard for access to or use of the Site, the Content or the Services, as the case may be, during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless the Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Content and the Services, and if you are a Customer, from your Patients’ use of the Service and from the use of the Site, the Content and the Services by any person to whom you give access to your Account (including your staff), including any claims made by any person that any of your, and if your are a Customer, your Patients’, User Information, or the use of it with the Services, infringes the rights, including the privacy and intellectual property rights, of any person. For clarity, under this indemnity you shall defend, indemnify and hold harmless the Released Parties from any claim of medical malpractice, whether arising out of negligence (ours or any other person’s) or otherwise, related to any use by you of the Site or the Services.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice in the dashboard area of your Account. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
Subject to the Privacy Policy, if you send to myPillCard or post on the Site in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that myPillCard can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.
The Services are controlled by myPillCard and operated by it from its office in Grafton, Ontario. You and myPillCard both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and myPillCard explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content, or the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, and except for claims against you by myPillCard for unpaid fees or other charges for the Services, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) involving myPillCard and arising out of or relating to (a) these Terms; (b) the Site, the Content or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site, the Content or the Services; or (d) the relationships that result from these Terms or the Site, the Content or the Services (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against myPillCard related to any Claim and, where applicable, you also agree to opt out of any class proceedings against myPillCard. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify myPillCard and the other Released Parties for your failure to comply with any such laws.
Notwithstanding any provision of these Terms, myPillCard reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your right to use the Services, or any portion thereof and the rights of any third party to which you have granted access through the Services to your User Information; (b) block or prevent your future access to and use of all or any portion of the Services or Content and the rights of any third party to which you have granted access through the Services to your User Information; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
If your Account is inactive for at least two years, we may deactivate your Account. Deactivated Accounts are not deleted – they are placed in storage and can be restored in accordance with our policy for recovering lost Account credentials. We will notify you by email if we decide to deactivate your Account. If you know in advance that your Account will be inactive at some time and don’t want us to deactivate it, let us know in advance at the support email address on the Site. If after your Account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.
You and myPillCard may terminate these Terms and your use of the Services at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period.
When your Account is terminated, your User Information will, shortly thereafter, be deleted from the Services, except for (i) User Information relating to a Patient if that Patient continues to be a User of the Services after the termination of your Account, which User Information we may continue to use under the license in Section 6 for as long as that Patient continues to be a User of the Services (provided that this exception and right of use will not apply to information that we receive from you and that would not generally be accessible to a Patient through the use of our services); and (ii) User Information submitted to our forum or comments on our blog, which may remain on the Services after termination for as long as we operate the Services. In addition, after termination of your Account we may retain for our internal use information that we create in or that is derived from the processing of User Information – such as log and system audit information – after your Account is terminated, and some information may not be deleted immediately (for example, we retain automated backups for a period of time to assist in disaster recovery).
If these Terms expire or terminate for any reason, Sections 5, 9, 10, 11, 12, 13, 14, 16 and 17, and any representation or warranty you make in these Terms, shall survive indefinitely.
This Site is intended only for Canadian residents who are at least the age of majority in the province [or territory] in which they reside. By accessing the Site, you represent that you are at least the age of majority in the province [or territory] in which you reside and you agree to use the information contained on the Site in accordance with all applicable local, provincial, national or international laws and regulations.If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. myPillCard may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of myPillCard, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and myPillCard regarding your use of the Site, the Content and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and myPillCard regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
If you have any questions regarding these Terms or your use of the Services, please contact us here:
myPillCard.com.
2449 Shelter Valley Road
Grafton, ON K0K 2G0
Email: support@myPillCard.com
Phone: 416.625.7325