Empego Terms and Conditions
Empego is a data collection platform (the “Platform”) developed by Empego Technologies Inc. (“Empego”) which allows users to directly initiate a consultation with a pharmacist, on site or remotely, and to respond, before the consultation, to the questions necessary to adequately prepare for the consultation to be performed by the pharmacist.
The following terms (the “Terms of Service”) constitute the terms under which the Platform can be used.
PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.
These Terms of Service constitute a legally binding agreement between you and Empego regarding your access and use of the Platform. By accessing or using the Platform, you agree to be bound by these Terms of Service. Please also review our Privacy Policy (the “Privacy Policy”), which forms part of the Terms of Service by reference. If you do not wish to be bound by them, please do not access or use the Platform.
By accessing or using the Platform in any way, you acknowledge that you have read these Terms of Service and all of the terms herein. Before continuing to use the Platform, please read these Terms of Service and contact us if you have any questions.
These Terms of Service are effective March 1st, 2021. Empego may update and / or revise these Terms of Service from time to time.
We hereby grant you permission to access and use the Platform only in accordance with these Terms of Service or any other terms (defined below). If you do not agree to the terms of these Terms of Service or any amended version of this agreement, your sole remedy is to stop using the Platform. If you violate any of these Terms of Service, your authorization to use the Platform will automatically be terminated and you must cease all use of it.
You are solely responsible for ensuring that you use the Platform in accordance with these Terms of Service in the jurisdiction in which you are located when using the Platform and as permitted by law or regulation of that jurisdiction.
Your use of the Platform
Your use of the Platform is subject to all provincial, territorial and federal laws and regulations.
Unless authorized by a separate agreement with us, you agree not to reproduce, reverse engineer, duplicate, copy, sell, trade or resell any functionality of the Platform or any other product or service for any purpose.
In addition, you agree not to use the Platform to:
encourage or engage in any illegal or illegal activity;
upload, display or otherwise make accessible any material that contains viruses, malware or other malicious software;
engage in any activity that interferes with or disrupts the use of the Platform, including bypassing any measures we use to prevent unauthorized access to the Platform;
engage in any activity aimed at extracting any proprietary software used to maintain the Platform;
We reserve the right to amend, modify and supplement these Terms of Service from time to time as we see fit with additional terms and/or conditions which govern certain information, content, products and services made available to you through the Platform (“Additional Terms”). By accessing and using the Platform, you agree to comply with and be bound by these Additional Terms. Please review these Terms of Service from time to time to ensure that you are aware of and understand the Additional Terms.
Empego Platform
The Platform allows the pharmacist to view and send a consultation initiated on site or remotely (and directed to your pharmacy) by a user of the Platform.
Limitation of liability
Empego’s role is limited to collecting data from users of the Platform. We do not guarantee the accuracy or scope of the questions asked of users and the consultation report does not replace the professional judgment of a pharmacist, a third party independent of Empego.
We are not responsible for delays, interruptions, interruptions of service or other problems inherent in the use of the Internet, electronic communications, telecommunications networks or other systems or networks beyond our control.
Some provinces and territories (including the province of Quebec) do not allow limitations on liability for personal injury. In these provinces, we will only be liable to you for any damages for which we are expressly liable to you under applicable laws, excluding moral or material damages.
In all other cases, you understand and expressly agree that we are not liable to you for any direct, indirect, incidental, special, consequential or exemplary damages that you may incur in connection with your use of the Platform, whatever they may be. the causes and whatever the type of liability including, without limitation, any loss of profit, missed opportunities, loss of data or any other intangible loss.
The limits on our liability to you in this section apply whether or not we have been notified or informed of the possibility of such losses occurring.
WARNING
THE PLATFORM SHOULD NOT BE CONSIDERED AS GIVING A USER A MEDICAL DIAGNOSIS IN ANY MANNER, EITHER DIRECTLY OR INDIRECTLY. IN FACT, IT DOES NOT REPLACE THE DIAGNOSIS OF A DOCTOR AND IT SIMPLY AIMS TO INITIATE A CONSULTATION WITH A PHARMACIST, ON SITE OR REMOTELY, AND TO ANSWER, BEFORE THE CONSULTATION, THE QUESTIONS NECESSARY TO PREPARE THE CONSULTATION APPROPRIATELY BY THE PHARMACIST, AN INDEPENDENT THIRD PARTY OF EMPEGO.
Disclaimer of warranty
Some provinces and territories (including the province of Quebec) do not allow warranty exclusions. In those provinces and territories, you are only covered by warranties expressly required by applicable law.
In all other provinces and territories, except as expressly provided herein, the Platform is provided to you “as is” and “as available”. We disclaim all other representations, warranties and conditions, express or implied, including, without limitation, any representation, warranty or condition of merchantability, fitness for a particular purpose, title, infringement or any warranty in as part of a transaction, performance or commercial use. Your sole and exclusive remedy and our only obligation to you or any other third party for any claim arising out of your use of the Platform is that you are free to discontinue your use of the Platform at any time.
Indemnification
You agree to indemnify and hold us free, and our affiliates and their respective agents, employees and officers, from all claims or demands, cause of action, losses and expenses (including reasonable attorney feed) by reason of or arising from: i) your use of the Platform; ii) your breach of the Terms of Service; iii) any misrepresentation on your part; or iv) your violation of any third party right.
Ownership of intellectual property rights
The content of the Platform includes, without limitation, all information, data, products, materials, services, applications and computer tools, design elements, texts, images, photographs, illustrations, audio and video content, works or diagrams it contains or otherwise made available to you on it (collectively, the “Content”) and, unless the context otherwise requires, or we clearly state in writing, the term “Platform” includes all its content.
The Platform, together with all trademarks and other intellectual property displayed, distributed or otherwise made available through the Platform, are the exclusive property of Empego and its successors, assigns, licensors and suppliers. Unless otherwise agreed in writing with us, nothing in the Terms of Service gives you the right to use any part of the Content, trademarks or other intellectual property of Empego. You may not assign or transfer any part of the Content or grant a license to use or access the Platform to any third party.
No information or statement contained in these Terms of Service or on the Platform should be construed as conferring, directly or by implication, estoppel or otherwise, any license or right arising from any patent, copyright, trademark. trade or other intellectual property right of Empego or any other third party. You must not alter, remove or obscure any copyright or other notices contained in the Platform, including notices on any content that you are entitled to download, transmit, display, print or reproduce from the Platform.
Any unauthorized or prohibited use of any Content could make you liable to civil or criminal prosecution under federal, provincial, territorial or municipal laws.
You cannot create shortcuts to the Platform without our prior authorization. However, we may, if required, grant a limited and non-exclusive right to create a link to the Platform provided that this link leads to the home page of the Platform and that we or our activities are not there. not represented in a false, misleading, derogatory or otherwise negative manner.
We reserve the right to revoke the limited rights granted to you under these Terms of Service at any time and for any reason.
