Terms of service.

 

TERMS AND CONDITIONS OF USE

Acceptance Of The Terms And Conditions Of Use

Please read these terms and conditions carefully before using the Services offered by Pharmabase inc. ("Pharmabase" or "Company").

By clicking to accept the terms and conditions, you or the entity you represent ("Client") accept and agree to be bound and comply with these terms and conditions.

You represent and warrant that you are authorized to bind Client. Use of Pharmabase’s services is expressly conditioned upon Client’s assent to all these terms and conditions, to the exclusion of all other terms.

If you do not want to agree to the Terms and Conditions or the Privacy Policy, you must not access or use our Services.

 

Modifications To The Terms And Conditions And To The Platform

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Company Website and the Company mobile application (collectively, "Platform"). You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on our Platform may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Platform is restricted to users or unavailable at any time or for any period.

Introduction

Pharmabase has designed an application that allows, on one hand, pharmacy owners ("Pharmacy") to display vacant, temporary or permanent positions in pharmacies, and on the other hand, pharmacist and laboratory technicians ("Professional") to fill these positions.

Pharmabase cannot, under any circumstances, be considered a placement agency.

User Account

In order to access the Services offered by Pharmabase, Client must create a user account.

Client may not have more than one (1) user account.

Personal information provided by the Client during the registration procedure must be accurate, complete, and up-to-date. Client agrees to update the said information so that it continues to remain accurate, relevant and complete.

The pharmacist must hold a valid license from the Ordre des pharmaciens du Québec ("Ordre") and be registered with the Ordre at all times in order to benefit from the services of Pharmabase.

Upon registration, pharmacist must submit a valid license following relevant regulatory entities.

Your Use Of The Platform And Account Set-Up And Security

 

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Platform. Users are required to ensure that all persons who access the Platform through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Platform, including content or areas of the Platform, may require user registration. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete.

 

Your provision of registration information and any submissions you make to the Platform through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

 

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

Accounts found with invalid or inappropriate names, profile pictures, or suspicious activity will be subject to immediate disabling.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

 

Conditions of Use

 

As a condition of your access and use of the Platform, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of the Platform, including, without limitation:

  • - accessing content and data that is not intended for you;

  • - attempting to breach or breaching the security and/or authentication measures which are not authorized;

  • - restricting, disrupting or disabling service to users, hosts, servers, or networks;

  • - illicitly reproducing TCP/IP packet header;

  • - disrupting network services and otherwise disrupting Platform owner’s ability to monitor the Platform;

  • - using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Platform;

  • - introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  • - attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and

  • - otherwise attempting to interfere with the proper working of the Platform.

Without limiting the foregoing, you warrant and agree that your use of the Platform shall not:

  • - In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;

  • - In any manner violate the terms of use of any third-party website that is linked to the Platform, including but not limited to, any third-party social media website;

  • - Involve, provide, or contribute any false, inaccurate, or misleading information;

  • - Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use;

  • - Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

  • - Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability;

  • - Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;

  • - Promote any illegal activity, or advocate, promote, or assist any unlawful act;

  • - Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case;

  • - Make improper complaints or submit false reports via Pharmabase’s Services.

  • - Authorize or encourage any third party to do anything referred to above.

Relation Between the Pharmacy And The Professional

Once the position has been posted by the Pharmacy and filled by the Professional neither one or the other can fail to fulfil their contractual obligation regarding the filled position, except with the explicit consent of both parties.

At no point can the Company be held accountable for a last-minute cancellation or a no-show occurrence once the position has been posted by the Pharmacy filled by a Professional.

Payment For Services Provided By The Professional

All payments related to services provided by a Professional are the sole responsibility of the Pharmacy.

Any disputes arising from the payment of these services must be resolved between the parties involved. At no time can these parties request the involvement of the Company regarding these payments.

The Company cannot, under any circumstances, be held responsible for the Pharmacy failure to pay for the services rendered by a Professional.

Intellectual Property Rights and Ownership

 

You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

 

The Company name and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

Users are not permitted to modify copies of any materials from this Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

Site Monitoring and Enforcement, Suspension, and Termination

 

Company has the right, without provision of notice to:

 

  • - Remove or refuse to post on the Platform for any or no reason in our sole discretion;

  • - Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.

  • - Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms and Conditions.

You waive and hold harmless the Company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by the company and any of the foregoing parties relating to any, investigations by either the Company or such parties or by law enforcement authorities.

 

We have no obligation, nor any responsibility to any party to monitor the Platform or its use, and do not and cannot undertake to review material that you or other users submit to the Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

The following section applies solely to the Pharmacy

Subscription Service

You can choose to subscribe to the Platform either on a monthly, or annual basis, or for such other periods that Company may offer from time to time, and applicable fees are set forth on the Company website or on the applicable app store from which the Company mobile application can be downloaded.

Pharmabase retains the authority to amend and update the fees associated with subscriptions, as well as the various subscription packages offered, at its sole discretion. Any changes to these fees will be implemented for new subscriptions made after the effective date of the revision or update.

Payment

You have the option to settle the subscription fees on the Platform either through a credit card, PayPal payment or through your account on the Apple store.

Please note that all payments are controlled and managed by Apple. Payments will be charged to your Apple store Account at confirmation of purchase. Subscription automatically renews, unless auto-renew is turned off at least 24-hours before the end of the current period. Accounts will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. You may manage your subscription and auto-renewal may be turned off by going to your Apple store account setting after purchase.

The Company cannot be held liable for any payments controlled and managed by Apple through their store.

The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process.

Upon purchasing a subscription, it is imperative to furnish us with complete and accurate payment information. By supplying payment information, you affirm your entitlement to procure a subscription using those details. In the event that payment authorization is not received or is subsequently revoked, we reserve the right to promptly suspend or terminate your access to the subscription. Pharmabase retains the right to engage with the issuing bank/payment provider, law enforcement authorities, or other relevant third parties in cases of suspicious activity.Haut du formulaire

Renewal of subscription

Your subscription will renew automatically unless you cancel at least twenty-four (24) hours before the end of the current billing period.

However, you have the option to cancel your subscription at any time by visiting your profile page and following the cancellation prompts. Upon cancellation, you will retain access to the subscription services on the Platform for the remaining duration of the paid period.

Your subscription remains valid for the term you selected during sign up and cannot be paused, delayed, or rescheduled.

Cancellation and refund policy

If you subscribed to the Platform through an app store, the cancellation and refund policies regarding subscription fees will be determined by the terms and conditions specified by that particular app store.

If you subscribed to the Platform though the Company website, you may, within 10 days following your subscription (“Refund period“), cancel your subscription and receive a full refund.

Following the expiration of the Refund period, subscriptions become non-refundable, and there is no entitlement to refunds or credits unless mandated by applicable laws. While you can notify us your intention to cancel your subscription at any time by email (info@pharma-base.com), such notice will only take effect at the conclusion of your current subscription period, and no refund will be issued.

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No Reliance

  

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Platform is accurate, complete, or up to date. Your use of the Platform is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Platform.

 

Privacy

 

By submitting your personal information and using our Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Platform.

 

Third-Party Websites

 

For your convenience, this Platform may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

 

Geographic Restrictions

 

The owner of the Platform is based in the Province of Quebec, in Canada. We provide this Platform for use only by persons located in Québec.

This Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Quebec, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Governing Law and Choice of Forum

 

The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Quebec.

 

Any action or proceeding arising out of or relating to this Platform and under these Terms and Conditions will be instituted in the courts of the Province of Quebec.

Disclaimer of Warranties

 

You understand and agree that your use of the Platform, its content, and any services or items found or attained through the Platform is at your own risk. The Platform, its content, and any services or items found or attained through the Platform are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

 

Neither the Company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Platform or its contents. Without limiting the foregoing, neither the Company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the Platform, its content, or any services or items found or attained through the Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Platform or the server that makes it available are free of viruses or other harmful components.

 

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Platform and your computer, internet, and data security. to the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or any services or items found or attained through the website or to your downloading of any material posted on it, or on any website linked to it.

Limitation on Liability

  

Under no circumstances shall Pharmabse be held liable for any direct, indirect, or other forms of damage arising from the utilization of its services by individuals, companies, or any technical or technological equipment. This includes damages resulting from human or technical errors occurring at any stage, problems or technical defects in electronic or communication networks, online computer systems, servers, computer equipment, software, data transmission, or any other technical issue. Additionally, Pharmabse disclaims responsibility for internet site congestion or any other situation.

  

Except where such exclusions are prohibited by law, under no circumstance will the company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for :

  • - any failure to provide the Services;

  • - negligence, gross negligence, negligent misrepresentation, dishonest or fraudulent acts or omissions of its other Client, including, without limitation, any lack of skill of any Client;

  • - theft, destruction, deletion or damage of or to any data, computer systems or material by any Client;

  • - fundamental breach;

  • - damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort, breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the platform, any linked websites or such other third-party websites, nor any plat content, materials, posting, or information thereon;

  • - Any violation of these Terms and Conditions.

Indemnification

 

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Platform, including, but not limited to, your user submissions, third-party sites, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms and Conditions.

Miscellaneous

For all purposes under this Terms and Conditions, each party shall be and act as an independent contractor of the other and shall not bind nor attempt to bind the other to any contract.


Neither party will be held responsible for, nor have any liability for, any failure to perform or comply with any provision of this Terms and Conditions if such failure is due to the occurrence of an act of force majeure. If a party is unable, due to an event of force majeure, to perform or comply with any provision of this Terms and Conditions, the affected party will make reasonable commercial efforts to partially perform and comply with such provision to the extent feasible given the event of force majeure. During such event of force majeure, the unaffected party will be released from any obligations or restrictions under this Terms and Conditions as necessary to safeguard its operations and financial interests.

Severability

 

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Entire Agreement

 

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Pharmabase regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

 

Reporting and Contact

 

This website and app is operated by PharmaBase inc.

 

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy found at https://www.pharma-base.com/privacy-policy in the manner set out therein.

 

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at info@pharma-base.com.

 

All other feedback, comments, requests for technical support, and other communications relating to the Website or App should be directed to info@pharma-base.com.

 

February 29, 2024