Cameron Stewart LifeScience Canada Inc. Terms of Use

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Cameron Stewart LifeScience Canada Inc. ("CSL", "we", "our", "us") is a leading supplier of solutions benefiting patients, healthcare providers and payors (the "Programs"), including our RxHelp, Therapy FA, InnomarSTART and any other portals supported by RxHelp. These "Terms of Use" apply to any website, software, app or user interface maintained by CSL (the "Software") as well as your participation in our Programs, including your access and use of any Cards (defined below). By accessing and using any Software, Programs or Cards you agree to these Terms of Use. If you do not agree with any part of these Terms of Use, please do not use our Software, including any apps associated with Programs (such as the RxHelp ONE Card App), please do not participate in any aspects of the Programs and please immediately stop using any Credentials (defined below) you may have been provided with to access benefits under any Programs and any cards provided to you for the Programs ("Cards"). CSL may at any time revise these Terms of Use. Your continued access to or use of the Software, Programs and Cards after any changes to these Terms of Use indicates your acceptance of such changes, so you should regularly examine the current Terms of Use to which you are bound. The date that these Terms of Use were last amended will appear in the top right-hand corner of the website’s Terms of Use section.

The Software is not intended for users under 16 years of age and is not intended for users outside of Canada.

Programs may include the following:

  • Access to pharmaceutical and healthcare products financial assistance programs;
  • Compassionate use programs;
  • Patient reimbursement assistance programs;
  • Patient choice programs.

Programs may only be used in association with a pharmaceutical or healthcare product offered by a Program and dispensed in a pharmacy. Participating pharmaceutical companies independently determine which products to include and the financial assistance to be offered. These products and savings may change at any time without notice. Programs are valid only in Canada, are subject to all applicable federal and provincial laws and may be limited to a particular locale or geographical area. Additional terms and conditions may also be included on the Cards.

CSL does not give medical advice and you must not rely on information provided by CSL to you as such. Information made available by CSL through the Software, Programs and Cards are not intended to replace information contained on any product labeling or as a substitute for the advice provided by your own health care provider. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CSL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SUITABILITY OF ANY PRODUCTS OR SERVICES FOR YOU OR YOUR MEDICAL CONDITION. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON OUR SOFTWARE, PROGRAMS OR CARDS. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL IF YOU HAVE A MEDICAL EMERGENCY OR QUESTIONS ABOUT A MEDICAL CONDITION.

  1. License to Use and Access the Software, Programs and Cards.

    Subject to these Terms of Use, you may: (i) participate in the Programs which you have been accepted into; (ii) access, run, and, if applicable, download, the Software; (iii) and possess and use Cards that have been issued to you. CLS may change or discontinue, temporarily or permanently, any or all features of the Software, Programs or Cards at any time without notice. CSL is not liable to you for any such modification, suspension, or discontinuance of features.

  2. Credentials

    To use some of our Software, Program and Card features, you will be provided a unique certificate number ("Credentials"). Your Credentials are specific to you and may not be shared with or transferred to any other persons. You will keep your Credentials secure and confidential at all times. You will not permit any other person to use your Credentials and you will immediately notify CSL if you know or suspect that your Credentials have been used by any other person. CSL is not liable for any loss or damages caused by your failure to maintain the confidentiality of your Credentials. CSL may act upon any communication that is given by using your Credentials. CSL is not required to verify the actual identity or authority of a person using your Credentials, but CSL may in its discretion at any time require verification of the identity of a person seeking to use your Credentials and may deny access to and use of your Credentials if CSL is not satisfied with the verification. If CSL, in its discretion, considers your Credentials to be unsecure or to have been used inappropriately, then CSL may immediately cancel the Credentials without any notice to you.

  3. Further Information. You can obtain further information about the Programs by:

    1. Going to the website RXHelp.ca
    2. Calling 1-866-794-3574
    3. Emailing us at questions@rxhelp.ca
  4. Prohibited Uses. You shall not:

    1. Use the Software for any purpose or use other than in association with the Programs or as expressly permitted by these Terms of Use.
    2. Impersonate or misrepresent your affiliation with any person or entity, or supply information that is false, inaccurate, out of date or incomplete.
    3. Decompile, modify or reverse engineer the Software or attempt to gain unauthorized access to a Software feature.
    4. Provide any Credentials you have been given to any other person (other than a person holding a power of attorney for your personal care).
    5. Distribute, rent, outsource or sublicense the Software to any person.
    6. Remove any copyright notices or trademarks from the Software.
    7. Share your Cards or certificate number with any other person or allow any other person to use your Cards or certificate number(s) to access benefits from the Programs.
    8. Post, supply or transmit any material or information that is inaccurate, defamatory, offensive, indecent, obscene, or unlawful.
    9. Post or transmit any software which contains a virus, trojan horse, worm or other harmful component.
    10. Violate any applicable law or regulation, including without limitation any local, provincial, national or international law, any export control laws, or any regulations promulgated by any competent authority.
    11. Permit or encourage any other person to do any of the foregoing in this section or use the Software, Programs, Cards or any content in a way that would constitute an infringement of the rights of CSL and its licensors or a breach of these Terms of Use if it were done by you.
  5. Links to Third Party Websites.

    The Software, Programs or Cards may contain links to third-party websites or content over which CSL has no control. CSL may provide these links only as a convenience and not as an endorsement of such websites or the content thereof. CSL is not responsible for the content, products or services available from those websites or resources. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. If you follow a link to any of these websites, please check that the third-party website is secure. Be aware that these websites may have their own terms of use and privacy policies and that CSL does not accept responsibility for these policies. Please check these policies before you use or submit any personal data on these websites.

  6. Privacy.

    For information about how we handle personal information, including personal health information, please see our Privacy Policy. By accessing or using the Software, Programs or Cards, you hereby consent to the collection, retention, use, transmission, disclosure, processing, storage and deletion by CSL of your information, including personal information, in accordance with the Privacy Policy and as otherwise permitted by applicable law.

  7. Confidentiality and Intellectual Property.

    1. All intellectual property rights (e.g. copyright and rights in the Software and related confidential information) in relation to the Software, Programs and Cards are retained by CSL and its licensors. Except as expressly set out in these Terms of Use, you are granted no license or rights to such CSL intellectual property.
    2. Without limiting the previous paragraph, CSL owns all rights in, or is the licensee of, trademarks such as RxHelp, RxHelpOne, RxHelp ePay, RxHelp CoPay, 1101 Program, and Original Choice.
    3. Where applicable, as between you and CSL, by uploading or making available through the Software, Programs or Cards any content, you waive all moral rights and grant (or warrant that the owner of such materials expressly grants) to CSL, its affiliates, its agents, its representatives and its third party service providers, a worldwide, perpetual, royalty-free, irrevocable, sublicensable and non-exclusive license and right to: (i) use, copy, adapt, transmit, communicate, publicly display, perform, and/or distribute such content; and (ii) create compilations and/or derivative works from such content. Provided, however, that use and disclosure of any personal information, or personal health information, will be subject to the terms of the Privacy Policy.
  8. Disclaimer of Warranties; Limitation of Liability; and Indemnity

    1. THE SOFTWARE, PROGRAMS AND CARDS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CSL DISCLAIMS ANY IMPLIED WARRANTIES, SUCH AS WARRANTIES OF FITNESS FOR PURPOSE OR MERCHANTABILITY IN RELATION TO THE SOFTWARE, PROGRAMS AND CARDS OR THAT THE SOFTWARE PROGRAMS AND CARDS WILL BE ERROR-FREE, TIMELY, SECURE, MEET YOUR REQUIREMENTS, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR PROVIDE UNINTERRUPTED OPERATION. FOR GREATER CERTAINTY, CSL ALSO DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE SAFETY OR EFFECTIVENESS OF ANY DRUG PRODUCTS OR THE BIOEQUIVALENCE OF GENERIC DRUGS TO THE BRANDED PRODUCTS.
    2. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR CORRECT INPUT OF DATA TO THE SOFTWARE, PROGRAMS OR CARDS. YOU ACKNOWLEDGE THAT CSL DOES NOT CHECK ON THE ACCURACY OF ANY DATA THAT ARE PROVIDED BY YOU, YOUR PHARMACIST OR OTHER HEALTHCARE PROVIDERS. CSL DISCLAIMS ALL RESPONSIBILITY FOR THE OPERATION OF YOUR NETWORKS, DEVICES, OTHER HARDWARE, OPERATING SYSTEMS, ETC.
    3. CSL DISCLAIMS ANY WARRANTY THAT THE SOFTWARE, PROGRAMS, CARDS OR MEDICATIONS PROVIDED IN ASSOCIATION WITH THE PROGRAMS WILL PROVIDE ANY PARTICULAR OUTCOME, INCLUDING TREATMENT RESULTS, REIMBURSEMENT, PERFORMANCE OR CHANGE IN YOUR CONDITION.
    4. CSL’S MAXIMUM LIABILITY TO YOU, IN RELATION TO THESE TERMS OF USE, OR YOUR USE OF THE SOFTWARE, CARDS, CREDENTIALS OR THE PROGRAMS SHALL BE TEN DOLLARS ($10.00) REGARDLESS OF THE CAUSE OF ACTION. YOU SHALL NOT BE ENTITLED TO RECEIVE ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES IN RELATION TO THESE TERMS OF USE, THE SOFTWARE, THE PROGRAMS, CREDENTIALS OR THE CARDS. UNDER NO CIRCUMSTANCES WILL YOU HAVE ANY CLAIM, CAUSE OF ACTION, OR RIGHT TO SUE OR BRING LECAL PROCEEDINGS AGAINST ANY EMPLOYEE, OFFICER OR DIRECTOR OF CSL OR ANY OF ITS AFFILIATES.

      INDEMNITY. YOU WILL INDEMNIFY AND HOLD HARMLESS CSL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES FROM AND AGAINST ANY LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING LEGAL FEES AND EXPENSES AND SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE SOFTWARE, PROGRAMS OR CARDS, OR ANY NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE. NOTWITHSTANDING THE FOREGOING IN THIS SECTION, CSL AND ITS REPRESENTATIVES RETAIN THE RIGHT TO PARTICIPATE (WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE) IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY THIRD-PARTY CLAIM, COMPLAINT, DEMAND, ACTION, SUIT OR PROCEEDING.
  9. Term and Termination.

    1. CSL may terminate your access to the Software, Programs or Cards immediately if you breach any portion of these Terms of Use, without any notice to you. The Software, Programs or Cards may be discontinued at any time. Upon termination of your access to the Program you shall immediately cease all use of the Software, Cards, and Credentials. Upon request of CSL, you shall delete all Software from your devices, and shall return all Cards to CSL.
    2. You may terminate your involvement in the Programs or any portion of them at any time by giving written notice to CSL. Upon receiving such notice, you shall no longer receive any benefits provided by the Programs.
  10. Miscellaneous

    1. Entire Agreement. These Terms of Use are the entire agreement between you and CSL in relation to its subject matter and supersedes all prior agreements, negotiations, discussions, communications or representations between the parties. In the event of any difference or contradiction between these Terms of Use and any other information you have received about the Software, Programs and Cards, these Terms of Use shall take precedence.
    2. Relationship of Parties. It is understood that in agreeing to perform its obligations under this Agreement, CSL shall be acting and shall act at all times as an independent contractor, and not as your employee or employer for any purpose whatsoever, including without limitation, for purposes relating to taxes, insurance, workplace safety insurance, payments required by statute or any other withholdings or remittances to any governmental agency or authority.
    3. Governing Law. These Terms of Use shall be governed, construed and interpreted in accordance with the laws of the Province of Ontario. For any dispute arising in connection with these Terms of Use, you hereby irrevocably attorn to the jurisdiction of the Courts of the Province of Ontario and to any other Court having jurisdiction over a party solely to enforce a judgment of a Court of the Province of Ontario.
    4. Assignment. You shall not assign any rights or obligations under these Terms of Use without the prior written consent of CSL.
    5. Severability. If any provision of these Terms of Use is declared void or unenforceable, such provision shall be deemed severed from these Terms of Use, and the remaining terms and conditions shall remain enforceable.
    6. Force Majeure. If the performance of any part of these Terms of Use by any party will be affected for any length of time by fire or other casualty, government restrictions, war, terrorism, riots, strikes or labor disputes, lock out, transportation delays, electronic disruptions, internet, telecommunication or electrical system failures or interruptions, and acts of nature, or any other cause which is beyond control of a party (financial inability excepted), such party will not be responsible for delay or failure of performance of these Terms of Use for such length of time, provided, however the affected party will cooperate with and comply with all reasonable requests of the non-affected party to facilitate performance of these Terms of Use to the extent possible.

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