Terms and Conditions

Terms and Conditions

Acceptance Of Terms And Conditions

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 accept and agree to comply with and be bound by these terms and conditions.

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

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

Modifications To Terms And Conditions And To The Platform

We reserve the right, at our sole discretion, to revise and update these terms and conditions from time to time. All such modifications take effect immediately upon posting and apply to all access to and continued use of the company's website and the company's mobile application (collectively, "Platform"). You agree to periodically review the terms and conditions to be informed of such modifications, and your continued use constitutes your acceptance of such modifications.

Information and materials on our Platform may be modified, withdrawn, or discontinued at any time at our sole discretion and without notice. We will not be liable if, for any reason, all or 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 post vacant positions, temporary or permanent, in pharmacies, and on the other hand, pharmacists and laboratory technicians ("Professional", collectively with Pharmacy, "Client") to fill these positions ("Services").

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

User Account

To access the Services offered by Pharmabase, the Client must create a user account.

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

The personal information provided by the Client during the registration procedure must be accurate, complete, and current. The Client agrees to update such information so that it remains accurate, relevant, and complete.

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

Upon registration, the pharmacist must submit a valid practice license in accordance with relevant regulatory entities.

Your Use Of The Platform And Account Setup And Security

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

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

Your provision of registration information and any submission you make to the Platform via any functionality such as applications, chat rooms, emails, bulletin boards, personal or group interest web pages, profiles, forums, bulletin boards, and other similar functions (collectively, "Interactive Functions") constitute your consent to all actions we take with respect to such information in accordance 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 other information chosen by you or provided to you as part of our security procedures must be treated confidentially, 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 cannot view or record your password or other personal information. You understand and agree that if an account is provided to you, 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 exit from your account at the end of each session. You are responsible for any password misuse or unauthorized access.

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, at our sole discretion for any reason or without reason, including any violation of any provision of these Terms and Conditions.

Terms Of Use

As a condition of your access to 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 violate the security of the Platform, including, without limitation:

  • accessing content and data not intended for you;
  • attempting to violate or violating security and/or authentication measures that are not authorized;
  • restricting, disrupting, or disabling service to users, hosts, servers, or networks;
  • illegally reproducing TCP/IP packet headers;
  • disrupting network services and otherwise disrupting the Platform owner's ability to monitor the Platform;
  • using a robot, spider, or any other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any content of the Platform;
  • introducing viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material;
  • attacking the Platform via a denial of service attack, a distributed denial of service (DDoS) attack, mailbombing, or crashing;
  • otherwise attempting to interfere with the proper functioning of the Platform.

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

  • violate in any way any applicable federal, provincial, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software, patents, trademarks, trade secrets, copyright, or any other intellectual property rights, legal rights (including rights to publicity and privacy of others) or contain any material that could give rise to civil or criminal liability under applicable laws or regulations or that could otherwise be in conflict with these Terms and Conditions and our Privacy Policy;
  • violate in any way the terms of use of any third-party website linked to the Platform, including, but not limited to, any third-party social media website;
  • involve, provide, or contribute to any false, inaccurate, or misleading information;
  • include transmitting, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Terms 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 emanate from or are endorsed by us or any other person or entity, if this is not the case;
  • file unjustified complaints or submit false reports via Pharmabase services;
  • authorize or encourage a third party to do anything mentioned above.

Relationship Between The Pharmacy And The Professional

Once the position has been posted by the Pharmacy and filled by the Professional, neither party may fail to fulfill their contractual obligation regarding the filled position, except with the explicit consent of both parties.

At no time can the Company be held responsible for a last-minute cancellation or absence without notice once the position has been posted by the Pharmacy and filled by a Professional.

Furthermore, it is solely the responsibility of the Pharmacy to verify the identity of the Professional who will come to the professional establishment to perform the tasks associated with the filled position.

Payment For Services Provided By The Professional

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

Any dispute or litigation arising from the payment of these services must be resolved between the parties concerned. At no time may these parties request the intervention of the Company regarding these payments.

The Company cannot, under any circumstances, be held responsible for non-payment of services rendered by a Professional by the Pharmacy.

Intellectual Property Rights And Ownership

You understand and agree that the Platform and all of its content and functionality, including, but not limited to, all information, software, code, text data, displays, graphics, photographs, images, video, audio, music, broadcasting, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such materials 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's name and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its subsidiaries 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 appearing on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, will constitute a violation of the rights of the property owner and may be a violation of federal or other laws and expose the infringer to legal action.

Users are not authorized to modify copies of any material from this Platform or to delete or modify any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for commercial purposes any part of the Platform or any service or material available through the Platform.

Site Monitoring And Law Enforcement, Suspension And Termination

The Company has the right, without notice, to:

  • remove or refuse to post on the Platform for any reason at our sole discretion;
  • take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authorities, or notify the injured party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to cooperate fully 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 reason at our sole discretion, including, without limitation, any violation of these Terms and Conditions. You waive and hold harmless the Company and its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any claim resulting from any action taken by the Company and any of the aforementioned parties in connection with any investigation conducted by the Company or such parties or by law enforcement authorities.

We have no obligation or liability to any party to monitor the Platform or its use, and cannot and will not undertake to review material submitted to the Platform by you or other users. We cannot guarantee prompt removal of objectionable material after posting and we are not responsible 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 Only To The Pharmacy

Subscription

You may choose to subscribe to the Services on a monthly, annual, or other basis that the Company may offer from time to time, and the applicable fees are indicated on the Platform.

Pharmabase retains the authority to modify and update fees associated with subscriptions, as well as the different subscription packages offered, at its sole discretion. Any modification of these fees will be implemented for new subscriptions taken out after the effective date of the revision or update.

Payment

You have the option to pay subscription fees either by credit card, PayPal, or via your Apple ID on the Apple store.

Please note that all payments are controlled and managed by Apple. Payments will be charged to your Apple store account upon confirmation of purchase. The subscription renews automatically unless auto-renewal 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 the renewal cost will be indicated. You can manage your subscription and turn off auto-renewal by accessing your Apple store account settings after purchase.

The Company cannot be held responsible for any payment 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 ordering process.

When purchasing a subscription, it is imperative to provide us with complete and accurate payment information. By providing payment information, you affirm your right to subscribe using these details. In case of non-receipt or subsequent revocation of payment authorization, we reserve the right to immediately suspend or terminate your access to the subscription. Pharmabase reserves the right to cooperate with the issuing bank/payment provider, law enforcement authorities, or other relevant third parties in case of suspicious activity.

Subscription Renewal

Your subscription will automatically renew unless you cancel it 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 instructions. After cancellation, you will retain access to subscription services on the Platform for the remaining duration of the paid period.

Your subscription remains valid for the duration you selected when registering and cannot be interrupted, delayed, or rescheduled.

Cancellation And Refund Policy

Cancellation and refund policies regarding subscription fees are determined by the terms and conditions and refund policies specified by Apple.

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

If you have subscribed to the Platform via the Company's website, you may, within 10 days of your subscription ("Refund Period"), cancel your subscription and receive a full refund.

After the expiration of the Refund Period, subscriptions become non-refundable, and there is no right to refunds or credits unless required by applicable laws. Although you may notify us of your intention to cancel your subscription at any time by email ([email protected]), such notice will only take effect at the conclusion of your current subscription period, and no refund will be issued.

Privacy

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

Third-Party Websites

For your convenience, this Platform may provide links to third-party sites. We make no representations concerning other websites you may access from this Platform. If you choose to access such sites, you do so at your own risk. We have no control over the content of these 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 the terms and conditions of those third-party sites.

Geographic Restrictions

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

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

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 from or related to this Platform and these Terms and Conditions will be brought before the courts of the province of Quebec.

Disclaimer

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties, or commitments, whether express or implied, as to the accuracy, completeness, or currency of the content on our Platform. Your use of the Platform is at your own risk and neither the Company nor its parent company, subsidiaries, affiliated companies, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors assume any responsibility for your use of this Platform.

You understand and agree that your use of the Platform, its content, and any service or item found or obtained through the Platform is at your own risk. The Platform, its content, and any service or item found or obtained 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 company, subsidiaries, affiliated companies, or their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors make any warranty, representation, or endorsement regarding the completeness, security, reliability, suitability, accuracy, currency, or availability of the Platform or its content. Without limiting the foregoing, neither the Company nor its parent company, subsidiaries, affiliated companies, or their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors warrant or represent that the Platform, its content, or any service or item found or obtained 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 warrant or guarantee that files or data available for download from the Internet or the Platform will be free of viruses or other destructive code. You are solely responsible for your use of the Platform and for the security of your computer, Internet connection, and your data. To the fullest extent permitted by law, we will not be responsible for any loss or damage caused by a denial of service attack, distributed denial of service (DDoS) attack, overloading, flooding, mailbombing, or crashing, viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material that may infect your computer equipment, computer programs, data, or other copyrighted material due to your use of the Platform or any service or item found or obtained via the Platform or to your downloading of any material posted on it, or on any website or mobile application linked to it.

Limitation Of Liability

Under no circumstances shall Pharmabase be liable for direct, indirect, or any other form of damages resulting from the use 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, technical problems or defects in electronic or communication networks, online computer systems, servers, computer equipment, software, data transmission, or any other technical problem. Furthermore, Pharmabase disclaims any responsibility in case of website congestion or any other situation.

Except where such exclusions are prohibited by law, in no event shall the Company nor its parent company, subsidiaries, affiliated companies, or their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors be liable for:

  • any failure to provide the Services;
  • negligence, gross negligence, negligent misrepresentation, dishonest or fraudulent acts or omissions of any other Client, including, without limitation, any lack of competence of any Client;
  • theft, destruction, deletion, or damage to or of data, computer systems, or hardware by any Client;
  • fundamental breach;
  • damages of any nature, 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, whether caused by tort, breach of contract, breach of privacy, or otherwise, even if the party was allegedly warned or had reason to know, resulting from or related to your use, or inability to use, or reliance on, the Platform, any linked website or mobile application, or other third-party websites, nor any content, material, publication, or information thereon;
  • any breach of these Terms and Conditions.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent company, subsidiaries, affiliated companies, 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 attorneys' fees) arising out of or relating to your violation 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 these Terms and Conditions, each party will be and act as an independent contractor of the other and will not bind or attempt to bind the other to any contract.

No party will be liable or have responsibility for any failure to perform or comply with any provision of these Terms and Conditions if such failure is due to the occurrence of a force majeure event. If a party is unable, due to a force majeure event, to perform or comply with any provision of these Terms and Conditions, the affected party will make commercially reasonable efforts to perform and partially comply with such provision to the extent possible given the force majeure event. During such a force majeure event, the unaffected party will be released from all obligations or restrictions under these Terms and Conditions, to the extent necessary to safeguard its operations and financial interests.

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the other provisions of these Terms and Conditions, nor will it invalidate or render unenforceable such provision in any other jurisdiction.

Entire Agreement

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

Reporting And Contact

This Platform is operated by Pharmabase inc.

If you discover any misuse of the Platform, including acts, you must report it to the Company at [email protected].

All other feedback, technical support requests, and other communications regarding the Platform should be addressed to [email protected].