Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE REXALL.CA, REXALL PHARMA PLUS MYREXALL ACCOUNT WEBSITE, THE REXALL PHARMA PLUS MOBILE APPLICATION OR THE REXALL PHARMA PLUS MYREXALL ACCOUNT SOFTWARE APPLICATION FOR MOBILE DEVICES. BY USING THE WEBSITES OR THE APPLICATIONS, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND AGREE TO THE TERMS OF THE REXALL PHARMACY GROUP LTD. ONLINE PRIVACY STATEMENT. PLEASE READ THESE TERMS OF USE CAREFULLY.

LAST UPDATE: August 12, 2016

The Terms of Use set out below govern your use of any website or mobile application maintained by Rexall Pharmacy Group Ltd., affiliates of which are operators of retail pharmacies in Canada. These Terms of Use cover the Rexall.ca website and Rexall Pharma Plus MyRexall Account Website (the “Sites”), and the Rexall Pharma Plus Mobile Application, and the Rexall Pharma Plus MyRexall Account Software Application for Mobile Devices (the “Applications”), and any other websites and applications that may be developed in the future.

For the purposes of these Terms of Use, unless stated otherwise, all references to “Rexall” include Rexall Pharmacy Group Ltd., as well as its affiliates Rexall/Pharma Plus Pharmacies Ltd., Rexall/Pharma Plus Pharmacies (SASK) Ltd. and Rexall/Pharma Plus Pharmacies (BC) Ltd., and each of their respective agents, representatives and third party service providers, and each of their respective affiliates.

You are entitled to have access to the Sites and the Applications because you are a customer of one of the retail pharmacies operated by Rexall/Pharma Plus Pharmacies Ltd., Rexall/Pharma Plus Pharmacies (SASK) Ltd. and Rexall/Pharma Plus Pharmacies (BC) Ltd. Through the Sites and the Application, you will be able to access your prescription history and other personal health information that has been collected and generated by your pharmacist. Policies concerning the use of your personal information are set forth in the Rexall Pharmacy Group Ltd. Online Privacy Statement.

ACCOUNT

In order to access certain areas of the Sites and Applications, you were provided with a Personal Access Code (PIN). If you enroll in the Rexall Blood Pressure Tracker Program powered by PharmaSmart (“BP Tracker Program”), you were provided with a Blood Pressure Check Card (“Card”), which has a Unique Access Code (UAC) You agree to be responsible for maintaining the confidentiality of your PIN, UAC and any other account identifiers which you choose or are assigned to you, as a result of any registration with the Sites or Application. Further, you will promptly notify Rexall Pharmacy Group Ltd. (using the contact information at the end of these Terms of Use) of any unauthorized use of your PIN, UAC or account.

If you choose to share your PIN, UAC or other account identifiers with your caregiver or other person who will manage your personal account on your behalf, you are responsible for all actions taken by such person with respect to the use of your account. The person with whom you share your PIN/UAC/account identifiers will have full access to your personal account and will be able to modify your account and make requests to Rexall through your account. Rexall will assume that any modifications to your account and any requests made to Rexall (for example, to transfer or refill your prescription) are being made by you or on your behalf by an authorized individual. REXALL WILL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, YOUR DISCLOSURE OF YOUR PIN, UAC OR ACCOUNT IDENTIFIERS OR THE USE OF THE SITES OR APPLICATIONS BY A PERSON WHOM YOU AUTHORIZE TO ACCESS YOUR PERSONAL ACCOUNT.

All references to your use of the Sites and Applications in this Terms of Use or in the Privacy Statement apply to the use of the Sites and Applications by a person whom you authorize to access your personal account.

In registering for a personal account, you will be providing Rexall with personal information about yourself. You authorize Rexall to collect and use all information provided by you in connection with your registration for and your use of the Sites and Applications in order to administer, maintain and improve their functioning. Your personal information will be disclosed to Rexall and to agents and/or third party services providers of Rexall Pharmacy Group Ltd., Rexall/Pharma Plus Pharmacies Ltd., Rexall/Pharma Plus Pharmacies (SASK) Ltd. and Rexall/Pharma Plus Pharmacies (BC) Ltd., that are responsible for the administration and maintenance of the Sites and Applications. If you register for the BP Tracker Program, your personal information will also be collected and used by Pharma-Smart International, Inc. (“PharmaSmart”) as further described in our Privacy Statement. REXALL WILL NOT BE RESPONSIBLE FOR THE ACCURACY, MAINTENANCE OR USE OF ANY INFORMATION YOU PROVIDE, NOR BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, YOUR PROVISION OF ANY INFORMATION TO REXALL THROUGH THE USE OF THE SITES OR APPLICATIONS.

USE OF SITES AND APPLICATION

The Sites and Applications are intended for Canadian residents who are over 18 years of age only. By accessing these you represent that you are at least 18 years of age, and you agree to use the information contained on the Site and accessed through the Applications in accordance with all applicable local, provincial, national or international laws and regulations.

ACCESS TO PRESCRIPTION HISTORY AND OTHER PERSONAL INFORMATION

Through the Sites and the Applications, you will be able to access your prescription history and other personal health information that has been collected and generated by your pharmacist. You can also use the online services to transfer your prescription to or between Rexall, Pharma Plus or Rexall Pharma Plus pharmacies, and to request a refill to your prescription.

If you enroll in the BP Tracker Program, you can record, track and access your blood pressure measurements and certain other personal information on the Sites and Applications, such as your glucose and cholesterol levels and your weight/BMI. This personal information, as well as personal information obtained using the PharmaSmart-owned blood pressure kiosks (available at certain Rexall, Pharma Plus and Rexall Pharma Plus pharmacies) is visible on the Sites and Applications and by all pharmacists practicing at the pharmacy where the Card has been registered. You will also have the option of receiving email/text message reminders and notifications relating to the BP Tracker Program, for example, reminding you check your blood pressure and indicating that a new measurement has been added to your profile. Access to your personal information is being provided for general informational and record-keeping purposes, to permit you to request a refill or transfer of your prescription or to permit you to provide your personal health information to physicians and other health care professionals and for intervention by your pharmacist to offer certain patient services. The personal information that you can access does not, nor is it intended to be construed as medical, legal, or other professional advice, opinion or represent your comprehensive or complete medical history.

Rexall does not recommend or endorse any specific tests, products, procedures, opinions or other information that may be mentioned on the Sites or in association with the Applications.

YOU ACKNOWLEDGE AND AGREE THAT PHARMASMART’S PRODUCTS AND SERVICES, TO THE EXTENT INCORPORATED IN THE BP TRACKER PROGRAM OR OTHERWISE, ARE MADE AVAILABLE TO REXALL “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE CONTENTS OF THE SITES AND THE APPLICATIONS ARE NOT INTENDED TO REPLACE OR SUBSTITUTE THE ADVICE OF YOUR PHYSICIAN, YOUR PHARMACIST OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. YOU SHOULD SPEAK TO YOUR PHARMACIST OR YOUR OTHER OWN HEALTHCARE PROFESSIONALS, WHO ARE THE BEST SOURCE OF INFORMATION REGARDING YOUR HEALTH-RELATED QUESTIONS. ABSOLUTELY NO INFORMATION CONTAINED OR ACCESSIBLE THROUGH THE SITES OR THE APPLICATIONS SHOULD BE CONSTRUED AS TAKING THE PLACE OF YOUR PHYSICIAN'S OR OTHER QUALIFIED HEALTHCARE PROFESSIONALS’ ADVICE. REXALL IS NOT RESPONSIBLE FOR ANY RELIANCE OR DECISIONS MADE BY YOU BASED ON THE INFORMATION AVAILABLE ON OR THROUGH THE SITES OR THE APPLICATION.

DO NOT USE THIS INFORMATION TO DIAGNOSE OR TREAT A MEDICAL CONDITION OR HEALTH PROBLEM. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THE SITES OR THROUGH THE APPLICATIONS.

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

IF YOU BELIEVE THAT THERE IS AN ERROR IN YOUR PERSONAL INFORMATION, INFORM YOUR PHARMACIST OF THIS ERROR IMMEDIATELY.

NON-PERSONAL INFORMATION

All material available through the Sites or the Applications including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, video clips, names, trade-marks, trade names, product and clinical information, software and logos (collectively, the "Content") and all intellectual property rights therein, are owned, controlled, or licensed by Rexall or other individuals or organizations and are protected by worldwide intellectual property laws. You may use Content for your personal use for non-commercial purposes but no modification or further reproduction of Content is permitted. The Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances without the express written permission of Rexall Pharmacy Group Ltd. or the respective owner of such Content, as applicable. All other rights reserved. Except as expressly provided above, nothing contained herein shall be construed as conferring upon you any license or right in the Content.

Names, trademarks, trade names, trade dress, logos and products of Rexall are protected by trademark laws and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by Rexall, except with the express written permission of Rexall Pharmacy Group Ltd. Other product, service and company names mentioned on the Sites or the Applications are for identification purposes only and may be trademarks of their respective owners.

COPYRIGHT

All software and technology used on the Sites or the Applications is the property of or licensed by Rexall and protected by Canadian and worldwide copyright laws. The Content may only be used for promotion or selling purpose with the written consent of Rexall Pharmacy Group Ltd. or the respective owner. Any use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content is strictly prohibited. Reverse engineering and data-mining of the services offered through the Sites and Applications are serious offenses and legal action will be taken against any violation.

All copyright and other intellectual property rights associated with the BP Tracker Program are owned by PharmaSmart and licensed to Rexall, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws.

RESTRICTIONS

While using the Sites or the Applications, you agree not to: (i) interfere with other users' use of the Sites or the Applications; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) impersonate or misrepresent your affiliation with any person or entity; (v) post or transmit any content which may injure, disparages or constitutes defamation or libel of any third party; or (vi) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.

Rexall reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of the Sites or the Applications, including without limitation, taking legal action, or suspending or terminating your access without notice.

DISCLAIMER OF WARRANTIES

THE SITES AND THE APPLICATION, INCLUDING ANY PERSONAL INFORMATION ACCESSED THROUGH THE SITES OR THE APPLICATION, OR ANY OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REXALL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

REXALL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY PERSONAL INFORMATION OR ANY OTHER CONTENT ACCESSED THROUGH THE SITES OR THE APPLICATION. INFORMATION THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THE SITES OR USE THE APPLICATIONS AND MAY CONTAIN ERRORS.

REXALL MAKES NO WARRANTY THAT THE SITES OR THE APPLICATIONS WILL MEET YOUR REQUIREMENTS; THAT THESE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR USE OF THE SITES, THE APPLICATIONS AND THE CONTENT IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR VERIFYING ANY PERSONAL INFORMATION OR OTHER CONTENT BEFORE RELYING ON IT. FOR GREATER CERTAINTY, YOU AGREE THAT ALL RISK ASSOCIATED WITH THE USE OF, OR RELIANCE ON, ANY PERSONAL INFORMATION OR CONTENT OF THE SITES OR THE APPLICATIONS, RESTS WITH YOU. YOU FURTHER AGREE THAT REXALL WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY PERSONAL INFORMATION OR CONTENT OF THE SITES OR THE APPLICATIONS.

NO LIABILITY

IN NO EVENT WILL REXALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR THE APPLICATIONS, ANY WEBSITES LINKED TO THE SITES, THE CONTENT OF THE SITES OR THE PERSONAL INFORMATION ACCESSIBLE ON THE SITES OR THROUGH THE APPLICATIONS OR SITES LINKED TO THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL REXALL OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES AND THE APPLICATIONS BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE PERSONAL INFORMATION ACCESSIBLE OR CONTENT PROVIDED THROUGH THE SITES AND THE APPLICATIONS.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless each of Rexall Pharmacy Group Ltd., Rexall/Pharma Plus Pharmacies Ltd., Rexall/Pharma Plus Pharmacies (SASK) Ltd. and Rexall/Pharma Plus Pharmacies (BC) Ltd., their respective affiliates, officers, directors, employees, agents, representatives and service providers, including all third parties mentioned on any of the Sites, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms of Use; (b) your access to, use of or reliance upon the Sites or the Applications, your personal information that is accessible through the Sites or the Applications, or the Content of the Site or the Applications; or (c) your infringement of any intellectual property or privacy rights of any person.

GENERAL

The Sites and the Applications are owned and operated by Rexall Pharmacy Group Ltd. and administered by its third party service providers. These terms and conditions contained herein represent the entire agreement between Rexall and you. By using the Sites or the Applications, you agree that any disputes arising from your use of the Sites or the Applications shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario. You agree not to raise conflict of laws principles in an attempt to defeat the application of these laws and you expressly consent to the exclusive forum, jurisdiction and venue of the courts of Ontario and/or the Federal Court of Canada.

The section titles are for convenience only and have no legal or contractual effect.

If you have any questions about these Terms of Use, please contact Rexall Pharmacy Group Ltd. at Toll-free: 1-877-378-4100 or click here to contact us. You can also contact Rexall Pharmacy Group Ltd. by mail at:

Rexall Support Centre
Rexall Pharmacy Group Ltd.
5965 Coopers Ave.
Mississauga, Ontario
L4Z 1R9