PharmaPlan Terms of Use

Last Modified Date: March 18, 2013

Thank you for choosing our products and services (the “Services”). The Services are provided by Zoomjar Technology Inc., owner of the PharmaPlan Inc. service (hereinafter “PharmaPlan”), located at 6020 boul. Henri Bourassa O., Saint-Laurent, QC, H4R 3A6, Canada. By using our Services, you agree to these Terms of Use. Please read them carefully. Our Services are diverse, so additional terms or specific product requirements may apply to certain Services. These additional terms will be made available with the relevant Services, and if you choose to use those Services, those additional terms will also become part of your contractual agreement with us.

Use of Our Services

You must follow any policies made available to you within the Services.

Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms of Use do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that does not belong to PharmaPlan. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we reserve the right to remove or refuse to display content that we reasonably believe violates the law or our policies. However, the fact that we reserve this right does not necessarily mean that we review all content. Therefore, please do not assume that we do.

In connection with your use of the Services and the execution of our contractual agreement, we may send you service announcements, administrative messages, and other information. You may choose to opt out of some of those communications.

Your PharmaPlan Account

You may need a PharmaPlan account in order to use some of our Services. Your PharmaPlan account may be created by yourself or assigned to you by an administrator. Your administrator may be able to access or disable your account.

Privacy and Copyright Protection

PharmaPlan’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that PharmaPlan can use such data in accordance with our Privacy Policy.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Canadian “Copyright Act.”

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and you want to notify us, you can find information about submitting notices and contacting PharmaPlan on our Contact Us page.

Your Content in Our Services

Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you remains yours.

By submitting content to our Services, by uploading or through any other means, you grant PharmaPlan (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues for the entire legal duration of your content’s protection, even if you stop using our Services. Some Services offer you ways to access and remove content that has been provided to that Service. Furthermore, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content you submit to our Services.

You can find more information about how PharmaPlan uses and stores content in the Privacy Policy or additional terms for specific Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in Our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

PharmaPlan gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by PharmaPlan as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PharmaPlan, in the manner permitted by these Terms of Use. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The use of Open Source software is important to us. Some software used in our Services may be offered under an open-source license that we will make available to you. There may be provisions in the open-source license that expressly override some of these terms.

Modifying and Terminating Our Services

PharmaPlan is constantly changing and improving its Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. PharmaPlan may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE OR ADDITIONAL TERMS, NEITHER PHARMAPLAN NOR ITS SUPPLIERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for Our Services

TO THE EXTENT PERMITTED BY LAW, PHARMAPLAN AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIFS DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PHARMAPLAN AND ITS SUPPLIERS FOR ANY CLAIMS UNDER THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO ONE HUNDRED CANADIAN DOLLARS ($100 CAD).

IN ALL CASES, PHARMAPLAN AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business Use of Our Services

If you are using our Services on behalf of a business, that business accepts these Terms of Use. It will hold harmless and indemnify PharmaPlan and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these Terms of Use, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

About These Terms of Use

We may modify these Terms of Use or any additional terms that apply to a Service, for example, to reflect changes to the law or changes to our Services. You should look at the Terms of Use regularly. We will post notice of modifications to these Terms of Use on this page. We will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a given Service, you should discontinue your use of that Service.

If there is a conflict between these Terms of Use and the additional terms, the additional terms will control for that conflict.

These Terms of Use control the relationship between PharmaPlan and you. They do not create any third-party beneficiary rights.

If you do not comply with these Terms of Use, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms within these Terms of Use.

Any disputes arising out of or relating to these Terms of Use or the Services will be governed by the laws of the Province of Quebec, CANADA. All claims arising out of or relating to these Terms of Use or the Services will be litigated exclusively in the courts of the Province of Quebec, CANADA, and PharmaPlan and you consent to personal jurisdiction in those courts.

For information about how to contact PharmaPlan, please visit our Contact Us page.