PharmaMate Terms of Use

Last Updated: April 12th, 2025

These terms and conditions of use (the “Platform Terms”) apply to your access to and use of any materials, content or services provided through this platform (the “Platform”), owned and operated by PharmaMate Technologies Inc., doing business as “MédicAmi” in the province of Quebec, (“PharmaMate”, “we”, “us”, “our”). By subscribing to the Platform, you accept and agree to be bound by these Platform Terms, and all applicable laws and regulations.

PLEASE READ THESE WEBSITE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING,BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.

Your use of the Platform, which includes Learner App (defined below) and Pharmacy Dashboard (defined below), is subject to these Platform Terms. If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Platform.

These Platform Terms may vary depending on whether you are subscribing as, or on behalf of a Pharmacist (as defined below) or if you are subscribing as an individual (“Learner”) for the purpose of managing and learning about your own medication through the Platform’s features intended for patient education and/or patient communication with pharmacists (“Learner App”).Please read the Platform Terms carefully.

Learners must be legally capable of consenting to and making decisions about medical treatment and collection of personal as necessary to use the Learner App (“Requisite Capacity”). PharmaMate may terminate the Platform Terms and your subscription to the Learner App in its sole discretion and without notice, if it believes you do not have Requisite Capacity.

In order to use the Platform’s features intended for pharmacists and pharmacies (“Pharmacy Dashboard”), you must be a pharmacy or a pharmacist registered under at least one of the following provincial or college of pharmacists or otherwise permitted by law to practice as a pharmacist or operate a pharmacy within a designated jurisdiction in Canada (“Pharmacist”):(i) Ontario College of Pharmacists; (ii) Ordre des pharmaciens du Québec; (iii)College of Pharmacy of Newfoundland and Labrador; (iv) Prince Edward Island College of Pharmacy; (v) Nova Scotia College of Pharmacists; (vi) New Brunswick College of Pharmacists; (vii) College of Pharmacists of Manitoba; (viii) Saskatchewan College of Pharmacy Professionals; (ix) Alberta College of Pharmacy; and (x) College of Pharmacists of British Columbia. Pharmacists should not use the Platform to interact with Learners residing outside of the jurisdiction in which the Pharmacist is permitted by law to practice as a pharmacist or operate a pharmacy (“Designated Jurisdiction”). In addition to any other termination rights set out herein, PharmaMate may terminate the Platform Terms and your subscription to the Platform in its sole discretion and without notice, if it believes you are using or accessing the Pharmacy Dashboard despite not being a Pharmacist, or believes you are a Pharmacist using the Platform to practice outside of your Designated Jurisdiction, or otherwise contrary to law.

Updates to Platform Terms

We reserve the right to amend these Platform Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before it becomes effective. We will publish the latest, fully-amended version of these Platform Terms on the Platform. You are responsible for regularly reviewing the Platform to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate your agreement according to these Platform Terms as set out herein. If you continue to use the Platform after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Platform Terms.

License to Use

Learner License – If you are a Learner, subject to these Platform Terms, we grant you permission to access the Learner App as a personal, non-exclusive, non-transferable, non-sublicensable, limited license to use the Platform for transitory, non-commercial purposes, provided that with respect to any materials obtained from the Platform, you may not:

  • modify, copy, reproduce or create derivate works of such materials, except as explicitly provided;
  • distribute or transmit the materials except as explicitly permitted;
  • publicly display, publish or perform the materials (for any purpose, commercial or non-commercial);
  • create derivate works from, transfer, or sell any materials;
  • attempt to decompile or reverse engineer any software or database contained in or accessed through the Platform; or
  • remove any copyright or other proprietary notations,
  • without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors. For greater clarity, you are permitted to refer to the Platform through email, social media, or other similar methods, provided that you do not imply any affiliation between you and us, or you and the Platform, or portray us or the Platform in a false, misleading, derogatory or otherwise defamatory manner.

Pharmacist License – If you are a Pharmacist, subject to these Platform Terms, we grant you permission to access the Platform’s Pharmacy Dashboard and you acknowledge that your patients will have access to the Learner App (as limited by the selected subscription plan), as a non-exclusive, non-transferable, non-sublicensable, limited license to use the Platform for transitory, commercial purposes provided that, with respect to any materials obtained from the Platform, you may not:

  • modify, copy, reproduce or create derivate works of such materials, except as explicitly provided;
  • distribute or transmit the materials except as explicitly permitted;
  • publicly display, publish or perform the materials (for any purpose, commercial or non-commercial);
  • create derivate works from, transfer, or sell any materials;
  • attempt to decompile or reverse engineer any software or database contained in or accessed through the Platform; or
  • remove any copyright or other proprietary notations,
  • without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors. For greater clarity, you are permitted to refer to the Platform through email, social media, or other similar methods, provided that you do not imply any affiliation between you and us, or you and the Platform, or portray us or the Platform in a false, misleading, derogatory or otherwise defamatory manner. 

Privacy Policy

You acknowledge that you have read the Privacy Policy as it may be updated from time to time (the “Privacy Policy”), and hereby consent to the collection, use and disclosure by us and our agents of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information, in accordance with applicable terms and conditions contained in these Platform Terms and such Privacy Policy, which is incorporated herein by reference and forms an integral part hereof.

Your Account

Your use of the Platform may require an account identifying you as a user (an “Account”). When you create an Account, you will be asked to provide certain information which will be subject to our Privacy Policy.

In connection with your Account, you are solely responsible for (i) your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account; and (ii) any and all activities that occur under your Account, including all activities of any persons who gain access to your Account, with or without your permission.

If you are a Learner, you must not register for an Account on behalf of any individual other than yourself.

If you are a Pharmacist, you must not register for an account on behalf of any group or non-individual entity, including a pharmacy, unless you are duly authorized to do so by such group or entity.

You agree to immediately notify us of (i) any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or (ii) any other breach of security with respect to your Account or any service provided through it, and (iii) you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.

You agree to provide true, current, accurate and complete customer information as requested by us or our agents from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

You agree we may update your information with information that your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Privacy Policy.

We may assign to you, or you may create, a password and account identification to enable you to access and use certain portions of the Platform. Each time you use a password or identification, you will be deemed to be authorized to access and use the Platform in a manner consistent with these Platform Terms and we have no obligation to investigate the authorization or source of any such access or use of the Platform.

Proprietary Rights

In these Platform Terms, “Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.

Our Content – Except where expressly stated otherwise, all right, title and interest in, to and associated with the Platform and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Platform (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to these Platform Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Platform or these Platform Terms grants you any right, title or interest in, to or associated with Our Content except the limited right to use the Platform as set out herein.

Third Party Content – Content accessed or available through the Platform or the internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Platform or these Platform Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Platform as set out herein.

Your Content – The Platform may contain chat or other communication services to facilitate communication between Pharmacists and patients. We do not claim ownership of any Content that you post, upload, input, provide, submit or otherwise transfer to us, or any third party, using the Platform(collectively, “Your Content”);however, subject to the Privacy Policy ,you agree that by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting Your Content to us or any third party using the Platform, whether or not through use or associated with your Account:

  • you will be deemed to have granted us a royalty-free, non-exclusive, worldwide, fully paid-up, irrevocable license to use, copy, distribute, transmit, display, edit, delete, publish and translate Your Content to the extent we reasonably required to provide the Platform as it may exist from time to time, in any medium whatsoever, or to ensure adherence to, or enforce, these Platform Terms;
  • you will be deemed to have confirmed, represented and warranted to us that you have all right, title and interest, as well as the power and authority necessary, to grant such license to Your Content to us as set out above; and
  • you will indemnify and save us and our parent, subsidiary and affiliated companies harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Content, including instances where the Your Content (A) infringes any Third Party Content or other third-party intellectual property rights, or (B) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

Data Protection – We will and have established commercially reasonable security measures to ensure that our personnel only use Your Content in accordance with the license granted under these Platform Terms.

Deletion of Your Content – You acknowledge and agree that we may retain a copy or copies of Your Content for archival or compliance purposes or to otherwise provide the Platform to you or others, subject always to your license to us set out above, even if you delete your Account to which Your Content is connected. If permitted by the functionality of the Platform, you may delete Your Content from the communication facilities thereupon, though we may retain a copy internally thereof for compliance purposes.

Responsibility for Content – You acknowledge and agree that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any content, information or material received, transmitted or sent by you using the Platform.

Public Transmission and Caching– You acknowledge and agree that the technical processing and transmission of the Platform, including Your Content and other Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.

Advertising – We shall have the right, without notice, to insert advertising data into the Platform, so long as this does not involve our transmission of any of your personal information in contravention of the Privacy Policy. If you elect to have any business dealings with any party whose products or services may be advertised on the Platform, you acknowledge and agree that such dealings are solely between you and such advertiser and we will not be a party to, or have any responsibility or liability related thereto. You acknowledge and agree that no such advertising may be construed as an endorsement by us of any such products or services advertised.

Feedback – All right, title and interest in and to comments, ideas, suggestions and impressions of the Platform and our products given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign to us all right, title and interest to such Feedback to us.

Compliance and Complaints – We do not have any obligation to censor or review any of Your Content, to censor or review any Third-Party Content or to monitor use of the Platform, including with respect to, but not limited to, their compliance with federal or provincial pharmacological laws or requirements imposed by professional regulators. However, you agree that we may, without notice or liability, disclose to third parties any of your information or Your Content, monitor use of the Platform and monitor, review and retain any Content, including Your Content, if we believe in good faith that such activity is reasonably necessary to provide the Platform to customers, ensure adherence to or enforce these Platform Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Platform by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and restrict, suspend or terminate your access to the Platform, including your Account, and remove Your Content from our servers.

Proprietary Notices

Copyright Notice – The Platform and all Content is owned and copyrighted by PharmaMate(Copyright © 2025. PharmaMate Technologies Inc. All Rights Reserved) and/or its licensors, and is licensed to you in accordance with these Platform Terms only.

Trademark Notice – The trademarks, logos, and service marks displayed on or through the Platform are the property (whether registered or unregistered) of PharmaMate, its licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior, written consent. Except as expressly indicated on the website, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks. Without limiting the generality of the foregoing, the following trademarks and their related logos, indicia and trademarks, are registered or common law trademarks of PharmaMate in Canada:

  • PHARMAMATE
  • MÉDICAMI
  • YOUR PHARMACY, AT HOME.
  • VOTRE PHARMACIE, À LA MAISON.
  • ‍
PharmaMate Logo

Copyright Complaints – If you believe that any Content on the Platform infringes upon any copyright or other intellectual property right that you own or control, you may send a written notification of such infringement to our designated agent

    by e-mail at: Robert.Piasentin@mcmillan.ca, or
    by mail at:

McMillan LLP
1055 W Georgia St #1500
Vancouver, BC V6E 4N7
Attn: Robert Piasentin

To meet the notice requirements under Canada’s Copyright Act, the notification must be a written communication that includes the following:

  • the claimant’s name and address;
  • the identity of the work to which the alleged infringement relates;
  • the claimant’s interest or rights in respect of the work;
  • the type of infringement claimed;
  • the electronic location data for which the alleged infringement relates; and
  •  the date and time of the alleged infringing activity.

Infringer and Repeat Infringer Policy – We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property. We may also, a tour sole discretion, limit access to the Platform or terminate the Account of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.

Acceptable Use and Prohibitions

In addition to any other terms or conditions regarding your use of the Platform in these Platform Terms, we may require you to agree to specific terms for particular services, products or areas of the Platform from time to time by confirming your agreement. Any such additional terms which you agree to will be deemed incorporated into these Platform Terms.

Proper Conduct (Things You Must Do) – Without limiting the generality of anything else contained in these Platform Terms, you must ensure that:

  • you only use the Platform for lawful purposes; and
  • if at any time you become aware of any violation, by any person or entity under your control, of any part of these Platform Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

Prohibited Conduct (Things You Must Not Do) – Without limiting the generality of anything else contained in these Platform Terms, you agree that you will not, in connection with the Platform, directly or indirectly do or permit any of the following:

  • post, upload, reproduce, distribute or otherwise transmit any Content that
    • is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,
    • contains a virus, cancelbot, Trojan horse, worm, or other harmful, disruptive or surreptitious component,
    • is defamatory, infringing, or unlawful,
    • is inappropriate, profane, obscene, indecent materials or information without suitable or lawfully-required access controls (which controls shall in no event be our responsibility),
    • gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation,
    • constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography; or
    • incites discrimination, hate or violence towards one person or a group because of their belonging to a race, religion, nationality, sexuality, gender or other human rights-protected group of persons;
  • engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
  • scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
  • forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Platform;
  • impersonate or falsely represent your association with any person, including a representative of us;
  • disrupt or threaten the integrity, operation or security of any service, computer or any Internet system;
  • disable or circumvent any access control or related process or procedure established with respect to the Platform;
  • sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal, personal, non-commercial purposes), any portion of, use of or access to, any Platform, except where expressly authorized by us;
  • harvest, scrape, extract, gather, collect, or store personal information about others without their express consent; or
  • harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Platform or to extract data, collect information or otherwise interact with the Platform.

Paid Subscription

In order to use our Platform, you are required to pay a subscription fee that may vary depending on whether you are using the Pharmacy Dashboard or Learner App (each, a “Subscription Fee”).

Paid Subscription for Learners – If you are a Learner, you will be billed your Subscription Fee in advance on a recurring, monthly or annual basis. As a Learner, your Subscription Fee will be charged to your account with the Apple App Store or Google Play Store (each, an “App Store”), as the case may be, at confirmation of purchase. Subject to applicable laws, your Paid Subscription will automatically renew at the price listed in your App Store account (subject to any applicable taxes) at the end of your current billing period unless you cancel it at least 24 hours prior to the end of the current billing period. You can manage your subscription or turn off auto-renewal settings at any time from your App Store account settings. If you are a Learner, you will be given at least 30 days notice if there is a material change to your subscription terms, including if there is an increase in your Subscription Fee.

Paid Subscription for Pharmacists – If you are a Pharmacist, you will be billed your Subscription Fee in advance on a recurring, periodic basis that is monthly or annual based on the billing options you select when you purchase a subscription. As a Pharmacist, you can manage your subscription period or billing settings or terminate your subscription according to the subscription period specified in your subscription that you selected.

Termination

Learner Termination – If you are a Learner, we may, in our sole discretion, decline to renew your subscription and terminate your use of the Platform at the end of the current billing period, including your Account, and Your Content, without notice to you, for any reason, including if 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, 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 this Agreement.

Pharmacist Termination – If you are a Pharmacist, we may, in our sole discretion, suspend, restrict or terminate your use of the Platform, including your Account, and Your Content, effective at any time, without notice to you, for any reason, including if 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, 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 this Agreement.

You acknowledge and agree that termination, curtailment, or suspension of these Platform Terms for any reason may result in restrictions of, disruptions to or cessation of your or third party access to your Account and Your Content, and you hereby agree to release us from any and all liability and claims of loss resulting from restrictions, disruptions or cessations. If your use of the Platform is suspended or restricted, we will have no obligation to forward any of Your Content to you or any third party.

Disclaimers, Limits of Liability and Indemnities

IF YOU ARE A CONSUMER SUBJECT TOTHE QUEBEC CONSUMER PROTECTION ACT, THE WARRANTY DISCLAIMERS CONTAINED IN THISSECTION (“Disclaimers, Limits of Liability and Indemnities”) DO NOT LIMIT YOURRIGHTS AND REMEDIES UNDER SUCH ACT, INCLUDING THE RIGHT TO MAKE A CLAIM UNDERANY OF THE STATUTORY WARRANTIES PROVIDED UNDER SECTIONS 34 TO 54 OF SUCH ACT.

Internet-Based Limitations– Your use of the Platform depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i)we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.

Customer Acknowledgement– You acknowledge and agree that (i) all use of the Platform provided by us is at your own risk, (ii) the Content that you may access while using the Platform may contain links to other websites, which are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by us of such websites or the information contained therein, and (iii) except where prohibited by applicable law, all products and services provided under these Platform Terms are provided on an “as is” and “as available” basis. You further acknowledge that Our Content is for informational purposes only, and does not constitute professional advice by a registered pharmacist. Learners acknowledge that they will not rely on the Platform, including their communications with Pharmacists on the Platform, for professional advice, and that they will seek necessary medical advice outside of the Platform when needed. If you are a Pharmacist, you acknowledge that you are responsible for meeting your own legal and professional obligations that you may have.

Platform Updates – From time to time, we may notify you of updates to the Platform that may include upgrades, updates patches, bug fixes and other modifications (“Updates”). You acknowledge that you may be required to install Updates to use the Platform and you agree to promptly install any Updates if so required. You acknowledge that you shall be liable for any damages that occur as a result of your failure to install Updates as recommended by us. These Platform Terms shall apply to any Updates that are made available to you by PharmaMate at any time, unless such Updates are governed by a separate license agreement.

Beta Services - We sometimes release products and features that we are still testing and evaluating (“Beta Services”).Beta Services may not be as reliable as our other services and you acknowledge and agree that, to the fullest extent permitted by law, PharmaMate makes no guarantees, representations or warranties regarding the functionality, security or accessibility of such Beta Services. Beta Services are made available so that we can collect Feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback. Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Beta Services to anyone else without our permission.

Disclaimer of Warranties – Subject to applicable law, we make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the Platform. To the maximum extent permitted by applicable law, we expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, inequity, by statute or otherwise howsoever.

No Liability – Notwithstanding any other provision of these Platform Terms, and subject to applicable law, in no event will we, our affiliates, or our controlling parties, agents employees, suppliers, licensors, resellers or distributors(collectively in these disclaimers and limitations, “we” or “us”)be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to these Platform Terms or the Platform, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable, including damages or losses arising from or in any way related to the following:

  • sending, receiving, not sending, not receiving, loss, deletion or alteration of any transmissions, data or transactions entered into through or using the Platform;
  • any suspension, curtailment, restriction, termination or other limitation placed on your use of the Platform, or your Account;
  • any act or omission of you or any third party, including any threatening, defamatory, obscene, offensive, unethical or illegal conduct or any infringement of another’s rights, including intellectual property rights;
  • any loss or damage to Your Content or other data arising directly or indirectly from your use or non-use of the Platform or related components;
  • the performance of the Internet or the Platform;
  • the content or accuracy of any material, information or data(including any software) related to these Platform Terms or viewed, downloaded, accessed or transmitted using, over or through the Internet or the Platform, including material that infringes the rights of others or otherwise violates laws or regulations; and
  • delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses, Trojan horses, spyware, spam or defects in the transmission of any information, material or data over or through our systems or networks or the systems or networks of third parties.

Applicability – Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Platform Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Platform Terms consistent with such prohibitions.

Indemnity By You – You agree to indemnify and hold us harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from (i) access to or use, by you or permitted by you, of the Platform or your Account, or (ii) any of your acts or omissions, including breach or non-performance of these Platform Terms and any violation of any third party rights.

General Provisions

Interpretation – In these Platform Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Platform Terms, (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term(whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto),is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, (iii) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s), and (iv) any monetary amounts expressed are in Canadian dollars.

Waiver of Rights and Remedies– Our failure to insist upon or enforce strict performance of any provision of these Platform Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Platform Terms. Our rights, powers and remedies in these Platform Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Platform, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

Severability – If any provision of these Platform Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

Notifications – Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on the Platform, as we may determine in our sole discretion.

Governing Law – These Platform Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of Ontario and the laws of Canada applicable therein, without reference to its conflict of laws principles.  

Jurisdiction – You hereby irrevocably consent to the jurisdiction of the courts of the Province of Ontario in connection with any matter arising out of or in connection with these Platform Terms. Notwithstanding the above, if you are a consumer subject to the Quebec Consumer Protection Act, this provision (“Jurisdiction”) does not apply.

Assignment and Inurement– We may at any time assign our rights and obligations under these Platform Terms, in whole or in part, without notice to you. You may not assign these Platform Terms without our prior, written consent. These Platform Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns. However, you must not assign any of your rights and obligations under these Platform Terms without our prior, written consent.

Survival – All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Platform Terms shall survive termination or expiration of these Platform Terms.

Relationship – You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Platform Terms or your use of the Platform.

Entire Agreement – These Platform Terms, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Platform Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

English Language – The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Questions and Concerns:

If you have any questions or concerns about these Platform Terms, please contact us at info@pharmamate.app.

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