PharmHouse

Terms & Conditions

  1. Introduction

The website www.pharmhouse.ca (the “Website”) is owned and operated by PharmHouse Inc. (“PharmHouse”, “we”, “us”, “our”). These Terms of Use (“Terms’) apply to the use of the Website and the services and communications offered on or through the Website (the “Services”). These Terms incorporate PharmHouse’s Privacy Policy, which explains how we handle your personal information. You can access the Privacy Policy here: www.pharmhouse.ca/privacy-policy.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OR ACCESS OUR WEBSITE OR USE OR SUBSCRIBE FOR ANY OF OUR SERVICES.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS. ACCESS AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY PHARMHOUSE ARE ON THE CONDITION THAT YOU ACCEPT THESE TERMS. BY ACCESSING OR USING THE WEBSITE OR SERVICES (INCLUDING SUBMITTING AN INQUIRY THROUGH THE PHARMHOUSE CONTACT FORM OR OTHER COMMUNICATIONS OFFERED THROUGH THE WEBSITE), YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES AVAILABLE ON THE WEBSITE.

IN ADDTION, BY USING OUR WEBSITE AS PROVIDED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE 18 YEARS OF AGE OR OLDER (OR OF LEGAL AGE IN YOUR JURISDICTION REQUIRED TO FORM A BINDING CONTRACT IF THAT AGE IS OVER 18).

  1. THIRD PARTY INFORMATION

The Website may contain data obtained from various publicly available sources and other sources believed by PharmHouse to be true. Although PharmHouse believes it to be reliable, it has not independently verified any of the data from third-party sources referred to on the Website, or analyzed or verified the underlying reports relied upon or referred to by such sources, or ascertained the underlying assumptions relied upon by such sources.

  1. Void where Prohibited by Law

If you are located in a jurisdiction where it is forbidden by law to use or access our Website, the Services or to participate in activities in connection with the Website or Services, you may not enter or use the Website or the Services. By using the Website, you are explicitly stating that you have verified that your use of this Website and use of the Services is permitted under applicable law.

  1. Personal Use Only

Unless we expressly consent otherwise, the Website and Services are only for personal use (and not for commercial purposes).

  1. Restrictions and Code of Conduct

To access certain portions of our Website and/or Services (e.g. submitting an inquiry through our contact form), you may need to provide us with certain information (including, personal information). Prior to subscribing or otherwise signing up for certain Services, you will be required to indicate your acceptance of all of the terms and conditions of these Terms. If you do not agree to these Terms, you may not be entitled to access or use our Website or the Services. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our contact form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.

You must not provide information that is inaccurate or impersonates any other person, including but not limited to, any PharmHouse employees or other users. In addition, you must not provide information that is deliberately confusing, or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate or which breaches the requirements specified in these Terms. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions.

You agree that you will not attempt, nor permit any third party to, enter restricted areas of PharmHouse’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms. While using the Website or the Services, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Website and the Services. In addition, without limiting the foregoing, you agree not to:

  • post or submit anything that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party; (f) otherwise harms or can reasonably be expected to harm any person or entity; or (g) does not generally pertain to the designated topic or theme of this Website, could be construed as “spamming”, “flooding” or “trolling” or that violates any specific restrictions applicable to this Website;
  • download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Website or the Services, except as expressly authorized by PharmHouse in writing;
  • violate, plagiarize or infringe on our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
  • use the Website or the Services for any commercial purpose or for the benefit of any third party in any manner not expressly permitted by these Terms;
  • remove proprietary notices or labels on the Website or Services;
  • transmit any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation using, in connection with or through our Website or Services;
  • engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these Terms, or intentionally interfering with the Website or our computer systems;
  • impersonate or misrepresent your qualifications or your affiliation with any person or entity;
  • mirror or frame any part of the Website without our express prior written consent;
  • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website, without our express prior written consent;
  • violate any applicable law or regulation; or
  • encourage or enable any other individual to do any of the foregoing.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms.

  1. Monitoring

We may monitor any activity on our Website to foster compliance with these Terms. PLEASE NOTE THAT WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT: (I) THIS WEBSITE OR ANY PORTION THEREOF, WILL BE MONITORED (E.G. FOR ACCURACY OR UNACCEPTABLE USE); (II) APPARENT STATEMENTS OF FACT WILL BE AUTHENTICATED; OR (III) WE WILL TAKE ANY SPECIFIC ACTION (OR ANY ACTION AT ALL) IN THE EVENT OF A CHALLENGE OR DISPUTE REGARDING COMPLIANCE OR NON-COMPLIANCE WITH THESE TERMS.

We have the right, but not the obligation, to delete any communications, content or other materials on this Website at any time without notice or liability to you.

  1. Investigations

You agree that PharmHouse may use all information (including personal information), materials and records relating to your use of the Website or Services to investigate complaints or allegations of your or any third-party’s: (i) breach of these Terms; (ii) infringement of third-party rights; or (iii) unauthorized use of this Website or Services. PharmHouse does not intend to disclose the existence or occurrence of any such investigation unless required by law or if requested by law enforcement officials.

  1. Availability

WHILE WE ENDEAVOUR TO KEEP DOWNTIME TO A MINIMUM, WE CANNOT PROMISE THAT THE WEBSITE OR AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. YOU SHALL NOT BE ENTITLED TO ANY PAYMENT OF ANY KIND FOR INTERRUPTION OF THE WEBSITE OR THE AVAILABILITY OF THE SERVICES.

  1. Access to the Internet

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use the Website, and you shall be solely responsible for all charges and fee related thereto.

  1. Currency of Website

PharmHouse updates the information on the Website periodically. However, PharmHouse cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Website. PharmHouse may revise, supplement or delete information, Services and/or the resources contained in the Website and in connection with the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors.

  1. Linked Websites

The Website or Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that PharmHouse monitors or endorses these websites. PharmHouse does not accept any responsibility for such websites. Please be aware that these third-party websites are governed by separate terms and conditions and privacy policies. We encourage you to be aware when you click these links and leave our Website. Your use of these third-party websites is at your own risk. PHARMHOUSE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR THE RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES OR LINKED RESOURCES.

  1. Internet Software or Computer Viruses

Due to technical issues with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website and the Services. Due to our ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website.

PHARMHOUSE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE, USE OF THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS OR OTHER CONTENT FROM THE WEBSITE.

PharmHouse recommends that you install appropriate anti-virus and other protective software.

  1. Ownership of Content and Materials

Content

Except for public domain material and the information you submit to the Website (including your personal information), all content, information, documents and material on and/or forming part of our Website or the Services, from time-to-time, including all text, communications, files, URLs, information, links, graphics, audio, video, animation, logos, trademarks, service marks and trade names, and the design and arrangement thereof, source code and software, and any and all accompanying data (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by PharmHouse, its affiliates or its licensors. All rights not expressly granted to you in these Terms are reserved. Except for your use as authorized in these Terms, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sublicense, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual sections of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission.

Trademarks

The trademarks, service marks or logos displayed on the Website or on or in connection with the Services (collectively, the “Marks”) are registered and unregistered trademarks of PharmHouse, its affiliates or our respective licensors. Nothing in these Terms should be construed as granting any license to use any Marks without our express permission or permission from the applicable trademark owner. Unauthorized use of any Marks is prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our Website or the Services.

User Materials

By submitting, posting, uploading, transmitting or otherwise sending any communications, content or other materials to us on or through the Website (including information through the “Contact” form) (“User Materials”), you hereby grant to PharmHouse and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the User Materials for any purpose. By submitting, posting, uploading, transmitting or otherwise sending User Materials to us on or through the Website, you represent and warrant that you own the rights to the User Materials or are otherwise authorized to use, reproduce, display submit, post, upload, transmit, send or otherwise communicate the User Materials and that such User Materials do not violate any applicable laws or the rights of any person or entity.

You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose property or information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of the Website or the Services and agree to obtain and maintain all such consents or permissions throughout the term of these Terms, at your sole cost and expense.

  1. Limitation of Liability and Disclaimer

THE WEBSITE, SERVICES, CONTENT AND ALL OF THE INFORMATION AND OTHER MATERIALS AVAILABLE ON THE WEBSITE (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW. PHARMHOUSE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE. PHARMHOUSE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, CONTENT OR MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, SERVICES, CONTENT AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL PHARMHOUSE OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PARTNERS, AGENTS, EMPLOYEES, STAFF, CONTRACTORS, SUCCESSORS, LICENSEES OR ASSIGNS (THE “PHARMHOUSE PARTIES”) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF INFORMATION), ARISING UNDER OR OUT OF THESE TERMS, INCLUDING WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, SERVICES, CONTENT, MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF THE PHARMHOUSE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND MISCONDUCT), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, THE PHARMHOUSE PARTIES’ TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OR IN CONNECTION WITH THE USE OR EXPLOITATION OF ANY OR ALL OF THE WEBSITE, SERVICES, CONTENT OR MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS CAD.

THE PHARMHOUSE PARTIES DO NOT ASSUME ANY RISKS BEYOND THOSE EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE PHARMHOUSE PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND LEGAL FEES AND EXPENSES INCURRED BY THE PHARMHOUSE PARTIES AS A RESULT OF, RELATING TO OR IN CONNECTION WITH ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST ANY OR ALL OF THE PHARMHOUSE PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR SERVICES; (2) YOUR BREACH OF ANY OF THE TERMS; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY, PROPRIETARY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER MATERIALS CAUSED DAMAGE TO, INFRINGED OR VIOLATED THE RIGHTS OF A PHARMHOUSE PARTY OR TO A THIRD-PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE OR THE SERVICES; OR (6) ANY ACTIVITY USING YOUR EMAIL ADDRESS OR OTHER INFORMATION IN CONNECTION WITH THE USE OF THE WEBSITE, SERVICES, CONTENT OR MATERIALS.

IF ANY PHARMHOUSE PARTY TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, SUCH PHARMHOUSE PARTY WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE LEGAL FEES, EXPENSES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE PHARMHOUSE PARTY.

  1. Governing Law

These Terms and your use of our Website and Services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in the City of Toronto in the Province of Ontario.

If any provision of these Terms is deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and PharmHouse in connection with your use of our Website and the Services.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular mobile device.

  1. Copyright Dispute Policy

If you believe that material or content that resides or is accessible on or through the Website infringes a copyright, please send a notice of copyright infringement containing the following information to PharmHouse:

  • contact information about the claimant, including name, address and other particulars required to communicate with the claimant;
  • identification of the work or other subject matter to which the claimed infringement relates;
  • description of the claimant’s interest or rights with respect to the copyright in the work or other subject matter;
  • identification of electronic location of the infringing materials to which the claimed infringement relates, with sufficient detail so that PharmHouse is capable of finding and verifying its existence;
  • identification of the date and time of the commission of the claimed infringement; and
  • any other information that may be prescribed under applicable laws.

The notice may not contain any of the following:

  • an offer to settle the claimed infringement or reference, including by way of hyperlink, to such an offer, request or demand;
  • a request or demand, made in relation to the claimed infringement, for payment or for personal information; or
  • any other information that may be prescribed under applicable laws.

If the notice is non-compliant with the foregoing requirements, PharmHouse is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.

If a proper bona fide infringement notice is received by PharmHouse, it is PharmHouse’s policy to (i) remove or disable access to the infringing material; (ii) to notify the content provider, member or user that it has removed or disabled access to the material; and/or (iii) discipline repeat offenders in accordance with applicable laws, by removing and/or terminating the offender’s access to or use of the Website, Services and/or Content thereon. If the notice is non-compliant with the foregoing requirements, PharmHouse is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.

Notice of claims of copyright infringement should be provided to PharmHouse via email to media@pharmhouse.ca or via mail to the following address:

PharmHouse Inc.
709 Mersea Road 11
Staples, ON, N0P2J0
Canada
Attention: Privacy Officer

  1. Term and Termination

PharmHouse may, from time to time, but is in no way obligated to, permit you to access and use the Website and Services in accordance with these Terms and in the manner more particularly set out herein. You acknowledge and agree that access to the Website and Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that PharmHouse shall not, in any event, be responsible to you in any way should you be unable to access the Website or the Services at any time or from time to time.

PharmHouse may, at its sole discretion, at any time and from time to time, without notice, suspend or terminate your subscription to any or all Services or your right to use the Website. Upon termination of your subscription and/or your right to use the Website or your use of any Services, you shall immediately cease and desist from all use of the Website and the Services.

  1. Suspensions

Without limiting Section 19 above, PharmHouse reserves the right to suspend your access to the Services and/or Website immediately, with or without notice to you, and without liability to you, if PharmHouse, in its sole discretion, believes that:

  • you have violated or otherwise breached these Terms;
  • any information provided by you is untrue, inaccurate, not current or incomplete; or
  • you, or any other parties, are obtaining unauthorized access to our Website or any other systems or information of PharmHouse.

These suspensions will be for such periods of time as PharmHouse may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

You shall not be entitled to any payment of any kind (as applicable) for suspension of your access to the Website or the availability of the Services.

  1. Miscellaneous

These Terms are not assignable, transferable or sub-licensable by you except with PharmHouse’s prior written consent. We may assign, transfer or convey these Terms to a third party without notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

  1. Questions about the Website, Services or these Terms

If you have any questions, concerns or suggestions regarding the Website, the Services, or the Content, please contact us at: media@pharmhouse.ca.

These Terms were last updated on: October 27, 2020.