YOUR HEALTH MATTERS HERE TERMS AND CONDITIONS FOR USE

Loblaws Inc., and its subsidiaries operating pharmacies across Canada and its independently-owned franchisees that operate pharmacies under a Loblaws Inc. banner (each a “Participating Pharmacy”) are pleased to provide this Your Health Matters Here site  for your personal non-commercial use and the personal non-commercial use of any other patient whose behalf you are authorized to act (collectively, “you” or “your”).  By using the site, you agree to these Your Health Matters Here Terms and Conditions. 

Please note that some pharmacies operating under a Loblaws Inc. banner may be independently owned and operated by pharmacist owners. Those pharmacies are not subject to Loblaws Inc.’s Privacy Policy and have their own privacy policies in effect that govern their relationship with you, including your use of any services facilitated by this site. Loblaws Inc., and its affiliates are not responsible for the provision of services facilitated by this site by any such independently owned pharmacy.

 If you would like to correct any information on your patient file, please contact your pharmacist directly.

Your Health Matters Here Functionality

Among other things, the site allows you to:

  • View and refill your prescriptions;
  • Consult your pharmacological file;
  • Learn more about the medications you are taking;
  • Learn more about common disease states that affect Canadians; and
  •  Find a Participating Pharmacy near you.

The site allows us to:

  • Supply you with services and offers that meet your needs; and
  • Supply you with health-related information or services that are likely to interest you.

Online prescription refills are subject to specific conditions of use and may be subject to restrictions. Provided that refills remain on your file (or the attending pharmacist is authorized to extend refills to you), your online refill and/or pickup request will be transmitted to the Participating Pharmacy location where your pharmacist keeps your related patient file for processing. Once the Participating Pharmacy has received your request, it will be handled in the same manner as all in pharmacy refill requests, subject to the dispensing pharmacist’s professional judgment and responsibilities and in accordance with relevant laws and regulations.

Please do not hesitate to consult your pharmacist if you wish to discuss your prescribed medication(s).

Age Restrictions

In order to access this site without parental supervision, you must be at least 16 years old in your province of residence (or 14 years old if you are resident in Quebec).   Parents or legal guardians may create an account on behalf of a child under such minimum age.  If you are a parent or legal guardian, your access to the site will automatically terminate when your child reaches the minimum age as set out above.

Legal Notices

The site is being provided to you for your convenience and your use of the site is at your own risk. Participating Pharmacy reserves the right to modify or discontinue the site in whole or in part at any time. You hereby waive any right you may have to specific notice of such modifications.

Subject to applicable laws, regulations and professional obligations, Participating Pharmacy and its third party service providers reserve the right to refuse service, terminate site accounts, remove or edit site content, or cancel orders in their sole discretion.

The information on the site may contain typographical errors or inaccuracies, and may not be complete or current. Participating Pharmacy reserves the right to correct any errors, inaccuracies or omissions and to change or update information and material at any time without prior notice. However, Participating Pharmacy makes no warranties or representations and assumes no liability with respect to the accuracy of the material provided on the site. You agree that neither Participating Pharmacy, any of its third party service providers, agents, representatives and affiliates nor any other party involved in creating, producing or delivering this site is liable for any damages whatsoever arising out of your access to, or use of, reliance on, the site, the services or any material contained in the site. Without limiting the foregoing, the site and the material provided on the site are provided TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTY AGAINST HIDDEN DEFECTS, TITLE, OR OWNERSHIP. NEITHER LOBLAWS INC., ITS THIRD PARTY SERVICE PROVIDERS OR AFFILIATES, PARTICIPATING PHARMACIES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR THE SERVICES PROVIDED THROUGH THE SITE, INCLUDING THE HOSTING OF DATA, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES ARISING OUT OF YOUR RELIANCE ON OR USE OF OR INABILITY TO USE THE SITE.

Medical Disclaimer

The information contained within the site is not designed or intended to be used to replace the judgment or care of a qualified health care professional. Please contact your healthcare provider for advice for your specific health or medical needs. Participating Pharmacy and the site contributors make no representations or warranties with respect to any information offered or provided within or through the site.

From time to time, Loblaws Inc. may post clinical informational materials on this site.  Such information is of a general nature only, and is not meant to replace the advice of your doctor or pharmacist or other healthcare provider. Do not solely rely on any of the information posted on this site for diagnosis or treatment.

Indemnity/Release

You agree to hold harmless and indemnify Loblaws Inc., its affiliates, Participating Pharmacy, site contributors, editors and their third party service providers, agents, and any other contributors to the site, and each of their directors, officers, employees and contractors against any liability for any claims and expenses, including reasonable attorney's fees, special, indirect or consequential damages, arising out of or in connection with the use of the site or use of information available on the site.

Privacy, Information Collection and Consent

By submitting a refill request online, you are consenting to the collection, use, disclosure of your personal information in accordance with the Privacy Policy.  Please refer to the site’s Privacy Policy.

The information provided by you on the site is the minimum amount of personal information necessary to identify the prescription and the patient in order to process the refill request.   The Participating Pharmacy may require additional information from the prescribing professional (i.e. medication history, medical conditions) in order to complete the refill request.

By using the site, you consent to Participating Pharmacy representatives accessing your personal health information.  In order to properly dispense a prescription and for your health and safety, the Participating Pharmacy may have to contact:

 ·         the prescribing professional to discuss the refill request and your medication history and medical conditions;

 ·         your health insurance provider in order to properly process benefits (if applicable); and/or

 ·         such other persons or entities as may be required in order to properly process the prescription refill request.

Only portions of your pharmacological record are available to you through the site; your patient records are held by your pharmacy. When you access and use refill services provided on the site you are interacting with pharmacists and pharmacy technicians at your Participating Pharmacy. Information you upload to the patient’s account on the site will be disclosed to the patient’s pharmacist. Pharmacists are bound by privacy and confidentiality rules and regulations stipulated by their governing body. The Privacy Policy governs the Participating Pharmacy’s collection, use and disclosure of personal information for the site or otherwise provided to the Participating Pharmacy. 

Confidentiality

Your account on this site is intended for only for your personal use and the personal non-commercial use of any other patient whose behalf you are authorized to act. You are responsible for maintaining the confidentiality of your account and password and for restricting access to the site via your account. You agree to accept responsibility for all activities that occur under your account or password.

Security standards

Technical and security measures have been put in place for the protection of your information processed by the site.  However, the use of the site requires the collection, use, disclosure and transmission of personal information and personal health information across the Internet. In light of the inherent nature of the Internet, we cannot guarantee that this information will not be unlawfully accessed. You are submitting information over the Internet at your own risk.

Links

Loblaws Inc. has not reviewed any of the websites that may be linked to the site and is not responsible for any websites linked to the site. Your browsing of any websites from the site is at your own risk. The linking to a website or permitting another website to link to the site, does not constitute any endorsement by Loblaws Inc. or a Participating Pharmacy of the site operator of such website or the content of the linked website.

Ownership of Intellectual Property

All information on the site, except for personal information, is protected by copyright. Loblaws Inc. owns all copyright and trademarks, service marks and trade dress (collectively referred to as "Intellectual Property"), displayed on and from the site. Notwithstanding any other term or condition in these Your Health Matters Here Terms of Use, Loblaws Inc. retains ownership of all Intellectual Property on this site and all material on and from this site.

The Intellectual Property on this website is protected from copying or reproduction under national and international trademark and copyright laws, and nothing on this site should be construed as a license to use the Intellectual Property. Your use of the Intellectual Property on the site is strictly prohibited, and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Loblaws Inc.

Applicable Law

You agree that the laws of Canada and the laws of the Province in which you reside, govern any use of this site, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of this site or material from this site; provided that the courts of the Province of Ontario shall have exclusive jurisdiction over all claims.

Severability

If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.

The content of the site is protected by copyright. © 2013 Loblaws Inc. Certain trademarks, trade names and logos used on the site are the exclusive property of Loblaws Inc. All rights reserved. 

Your Concerns Matter to Us

If you have any questions about these Your Health Matters Here Website  Terms and Conditions, you can contact the Legal Department by writing to: Legal Department, Loblaws Inc., 1 President's Choice Circle, Brampton, Ontario, Canada, L6Y 5S5; or by e-mail at: customerservice@yourhealthmattershere.ca