Effective February 29, 2020
KamaHealth Ltd. (“KamaHealth”, “we”, “our”, or “us”) operates the proprietary website Kamahealth.ca that allows patients (“User”, “Users”, “you”, or “your”) to create an account online (“Account”), place prescription orders, view personal prescription history, add personal medical information, schedule delivery of medication, and chat via secure messaging with certified pharmacists. The Service is intended to provide easy access to medication and digital pharmacy support.
Your prescription must have been originally dispensed by a pharmacy in the same province as the pharmacy that you have indicated on your request; and which had refills remaining and can be refilled by law.
The Service also enable certified pharmacists to see those profiles of Users who have given explicit permission, and to contact them about prescription orders. If you are a pharmacist using the Service on behalf of a pharmacy, then you are agreeing to these Terms and “User”, “Users”, “you” and “your” also refer to you.
These Terms together with the Privacy Notice are the entire agreement between you and us. Your use of the Service is voluntary. By accessing or using the Service you agree to be bound by these Terms, to comply with them and to indemnify us for any failure by you to comply If you do not agree to these Terms and the Privacy Notice, please do not use the Service.
When you sign up to become a User, you will have to register by creating a unique Account. We collect your “Personal Information”, information that can be used to uniquely identify you, and a password to create your Account and to authenticate you when you sign in. The information you provide in your Account is necessary to confirm your identity, set up delivery address, and to enable pharmacists to contact you regarding prescription orders. For information on how we manage and protect your Personal Information, please see our Privacy Notice.
SERVICE AND MEDICAL ADVICE
Registered pharmacists from licensed pharmacies provide health recommendations to Users via KamaHealth over the phone.
Other than your direct communications with pharmacists, content found on the Service or linked to the Service, such as websites, test, graphics, images, messages, information obtained from third parties, and other material may contain medical and health information. Such information is for informational purposes only, and is not intended to be a substitute for a medical examination or a physician’s advice, diagnosis or treatment, nor is it intended to constitute general health advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by a User or by anyone who may be informed of the contents of such materials.
If you have a medical emergency, call your doctor, 911 or your medical emergency number immediately.
The Service does not endorse any product, clinical trial, physician, procedure, opinion, treatment or therapy.
ABILITY TO ENTER INTO TERMS
In order to enter into these Terms, you must be fully able and competent to enter into the Terms and be able to abide by and comply with them. If you accept these Terms, you represent that you have the capacity to be bound by them.
The Service is not meant for children and minors. Parents and guardians may access or use the Service on behalf of children and minors.
YOUR USE OF THE SERVICE
KamaHealth grants you a limited, revocable, and non-exclusive license to access and make personal use of the Service. You agree that you are solely responsible for any activity that occurs on your Account, including information you provide. You are responsible for taking all reasonable steps to ensure that nobody else has access to your passwords or Account.
We reserve the right to amend the information on our Service or withdraw the services provided on the Service without notice. We will not be liable if for any reason the Service is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Service and for ensuring that any person who accesses the Service through your internet connection is aware of these Terms and that they comply with them.
YOU AGREE NOT TO:
- Use the Service in any way that breaches applicable law or regulations, or that is fraudulent or has an unlawful or fraudulent purpose or effect, or that harms or attempts to harm an individual.
- Create an Account for commercial purposes, for example to learn more about the Service.
- Use false credentials (i.e. name, email address, phone number) to create an Account.
- Share any Personal Information about another individual unless that person has given you explicit permission to share it.
- Reverse engineer, reproduce, modify, translate, de-compile, disable, disassemble or otherwise attempt to discover the source code or underlying algorithms of the Service.
- Modify, translate, or create derivative works based on any portion of the Service and/or the Service.
- Access or use the Service in order to build a competitive product or service or copy any features, functions or graphics of the Service.
- Access or use the Service for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- Create any link to the Service or frame or mirror any content contained or accessible from the Service.
- Access, tamper with or use areas of the Service not intended for you, areas of the Service you haven’t been invited to, or content or data on or available through the same.
- Probe, scan or test the vulnerability of any portion of the Service or to breach, circumvent, modify or willfully tamper with security or authentication measures.
- Provide or use “tracking” or monitoring functionality in connection with the Service, including, without limitation, to identify any other person’s actions or other activities on the Service.
- Use the account, username, or password of another User of the Service at any time or disclose your password to any third party or permit any third party to access your Account.
- Collect usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service, or employing third party promotional sites or software to remote profiles for money.
- Knowingly transmit any data or material containing any form of malware or any computer code intended to adversely affect the operation of any computer hardware or software.
- Do any act or thing with the intention or effect of creating liability for us in any way.
We will delete or request the removal of Accounts, at our discretion and without liability, for unacceptable or prohibited use. We may choose not to give notice or explanation. We also reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
You must not use the Service in any way that causes, or is likely to cause, the Service or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Service for lawful purposes only.
You agree to use the Service responsibly, and in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law.
Impersonation of others, including a KamaHealth employee, User, or other members or visitors on the Service is prohibited.
We care about the privacy of our Users. We collect, use, and share Personal Information and non-personally identifiable information as described in our Privacy Notice. By using the Service, you agree to the collection of such information and to have your personal data collected, used and disclosed within Canada. KamaHealth contractually requires third party service providers to safeguard your Personal information.
You play an important role in protecting your privacy and keeping the Service secure. We encourage you to register with an email address that only you can access. Use strong passwords with a combination of upper-and lower-case letters, numbers and symbols for your Account. You agree not to disclose your password to any third party.
If you believe that your Account has been compromised, you can change your password through the Service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
We cannot and will not be liable for any loss or damage arising from your failure to comply with your responsibilities.
For help deactivating a password or Account, contact us at [email protected] and we’ll provide you with assistance.
RIGHTS TO DATA
You own your Personal Information. Using our Service does not give us any ownership, right, title or interest in your Personal Information.
In accordance with the KamaHealth Privacy Notice, you agree that KamaHealth owns any non-personally identifiable information that has been derived from your Personal Information, or generated by your use of the Service (“De-identified Data”). KamaHealth uses best practices to create De-identified Data. KamaHealth shall own exclusive rights, including all intellectual property rights, in and to all De-identified Data. To be clear, KamaHealth is not allowed to disclose any data other than De-identified Data without consent.
De-identified Data is used for research and analysis, including market research.
The Service and all contents of the Service, including logos, graphics, images, software, icons and other elements (but excluding your Account) are the exclusive property of KamaHealth or as applicable, its suppliers and partners, and are protected under the copyright and trademark and other intellectual property laws of Canada and other countries. The core technology platform and all of the related software code remains the sole property of KamaHealth. All rights not explicitly granted herein are reserved. Any infringement of our rights will result in appropriate legal action.
LINKED SITES AND SERVICE
KamaHealth is not responsible for the practices employed by websites linked to or from the Service or for their information or content. These links do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites and mobile apps or the activities of the people, organizations and/or businesses responsible for those websites and mobile apps.
When you use a link to go from the Service to another website, your browsing and interaction is subject to that website’s own rules and policies, not those of KamaHealth. Make sure you read over their rules and policies before proceeding.
INTERACTIONS WITH OTHER USERS AND THIRD PARTIES
KamaHealth is not responsible for your correspondence or interactions with any third parties that you interact with through the Service. You agree that KamaHealth will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any interaction between you and any other party. KamaHealth reserves the right, but has no obligation, to become involved in any way with any dispute between you and another party arising out of or that is in connection with the Service. KamaHealth is not responsible for the conduct, whether online or offline, of any User of the Service.
As long as you use the Service, these Terms will be in effect. You can delete your Account from the Service at any time. After you affirmatively delete your Account from the Service, we will remove your Account and we will delete your personal information from our database.
Once you have deleted your Account, we cannot provide you with the Service. If you wish to use the KamaHealth Service again, you must create a new profile.
Your Account will terminate if KamaHealth ends your right to use the Service for breaches of these Terms.
Upon termination or expiration, KamaHealth reserves the right, in our sole discretion, to remove your Account and/or deny, restrict, suspend, or terminate your access to all or any part of the Service. We will retain right to any De-identified Data.
If you previously agreed to receive messages related to the Service or promotional emails, KamaHealth may retain your email address to send those. You can opt out of the messages at any time by using the unsubscribe link in those email messages.
Please contact us at [email protected] if you require assistance terminating your Account.
The B.C. College of Pharmacists prohibits a pharmacy from accepting for return to stock or reuse any drug that has been previously dispensed. (See Pharmacy Operations and Drug Scheduling Act –By-Laws section 22)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KamaHealth MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR UNDERTAKINGS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND/OR ANY CONTENT, PRODUCTS OR FEATURES PROVIDED, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. KamaHealth IS NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ONLINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS. KamaHealth ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR ANY VIRUSES AFFECTING YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SERVICE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SERVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KamaHealth, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THE SERVICE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEALTH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KamaHealth, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THE SERVICES ARE ADVISED OF THE POSSIBILITY OF SUGH DAMAGES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL AND STOP USING THE SERVICE.
You agree to indemnify, defend, and hold harmless KamaHealth, its partners and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you.
These Terms and your use of the Service shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any claim, proceeding or action related to or otherwise arising out of these Terms or Service, provided always that KamaHealth may seek and obtain injunctive relief in any jurisdiction.
The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of KamaHealth’s right to require strict observance of each of the terms herein. The Terms shall be deemed severable. In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions. KamaHealth may assign its rights and obligations under these Terms. These Terms will endure to the benefit of KamaHealth’s successors, assigns and licensees.
CHANGES TO THE TERMS
KamaHealth may make small, inconsequential changes to the Terms with or without notice to you. We will communicate material changes, ones we consider significant, through the Service, on our corporate website at kamahealth.ca or through emails to Users. By continuing to use the Service after changes become effective, you agree to the changes. At any time, you don’t agree to the Terms, you can stop using the Service.
Your feedback or advice about the Service and our business helps us improve. You agree that you provide your advice or feedback for free and for us to use in any way. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them to KamaHealth by email, as email is not a safe or secure method of transmitting confidential or private information.
If you have questions regarding this Agreement, please contact us at: [email protected]