For the purposes of these Terms and Conditions, unless stated otherwise, all references to “APG” include Alliance Pharmacy Group Inc. (an Ontario corporation), 10028203 Manitoba Ltd. (a Manitoba corporation), and APGRX Inc. (a British Columbia corporation), our East, Central and West locations, respectively, and each of their respective agents, affiliates, representatives and third party service providers.
These Terms and Conditions apply to all commercial dealings a User conducts with APG, including pharmacy and retail services, via any website and/or mobile application maintained and/or owned by APG.
As used herein, “Applicable Law” refers to present and future laws, statutes, regulations, treaties, judgments and decrees, and all applicable official directives, rules, consents, approvals, authorizations, guidelines, orders, standards of practice, standards of operation, standards of accreditation, by-laws and policies, or any similar document, of any governmental authority, including a provincial body regulating pharmacies and pharmacists, as the same may be amended from time to time.
As used herein, “Personal Information” refers to information provided by a User to APG. A User may provide APG with their Personal Information through APG’s website or mobile application, by fax, and/or via other means of correspondence (e.g., in person, email, text, or telephone correspondence) with licensed personnel of APG (e.g., an APG pharmacist or other APG staff duly authorized to correspond with Users and collect their Personal Information). Personal Information may include, without limitation, a User’s name, date of birth, physical address, and email address. Personal Information also may include a User’s personal health information, such as the User’s medical records, health insurance data (if applicable), and prescription records.
As used herein, “Prescription Services” refers to APG’s management of prescription medications on behalf of a User, which may include, without limitation, receiving prescriptions from a medical professional on behalf of the User, counselling the User regarding the medication prescribed, and filling the prescription for the User.
As used herein, a “User” is an individual that accesses and uses APG’s website, (www.alliancepharmacy.ca) or APG’s mobile application, for the purpose of enrolling in APG’s Prescription Services and/or to shop for Wellness Essentials offered for sale on APG’s website and/or mobile application. If you are reading these Terms and Conditions as a condition precedent to enrolling in APG’s Prescription Services via APG’s website and/or mobile application and/or purchasing (or considering purchase of) Wellness Essentials from APG’s website and/or mobile application, then you are considered a User, as defined herein.
As used herein, “Wellness Essentials” refers to non-prescription products, such as over-the-counter medications, vitamins and other products that may be offered for sale on APG’s website and/or mobile application.
Use of APG’s website and/or mobile application to enroll in and receive Prescription Services from APG and/or to purchase Wellness Essentials offered for sale by APG is permitted only provided that a User agrees to and accepts these Terms and Conditions. Using or accessing APG’s website and/or mobile application without acceptance of these terms and conditions is expressly prohibited. Accordingly, Users must read and become fully familiar with these Terms and Conditions. APG reserves the right to alter, amend, add to, remove from, or otherwise modify these Terms and Conditions from time to time and at any time, and will make Users aware of such changes. Access to and use of APG’s website and/or mobile application by a User confirms that they have read, considered, and understand these Terms and Conditions, and agree to be fully bound by them.
To ensure prompt and complete service, APG may seek to correspond with Users via email and/or text message. By accepting these Terms and Conditions, a User agrees that APG may contact them directly via email and/or text message to discuss APG’s services including, without limitation, prescription refills, delivery dates and times, updates to User Personal Information, and promotions. Acceptance of these Terms and Conditions represents express consent by the User to receive email and/or text message correspondence from APG. As with all correspondence it conducts with Users, APG will take appropriate steps to ensure Personal Information is protected when sending emails and/or text messages to a User. Users have the option to unsubscribe from receiving emails and/or text messages by digitally unsubscribing or contacting APG directly to let APG know that the User no longer provides consent for APG to correspond with the User via email and/or text message.
Enrolling in and/or receiving Prescription Services from APG and/or purchasing Wellness Essentials offered for sale by APG will require Users to provide certain Personal Information to APG. This information will be stored on APG’s servers and may be accessible to Users on APG’s website and/or mobile application, provided they enter appropriate credentials to gain access (e.g., a username and password established by the User).
When a User accesses APG’s website and/or mobile application for the purpose of receiving Prescription Services and/or to purchase Wellness Essentials, the User provides express consent for APG to collect, use, store, and disclose the Personal Information provided by the User, in accordance with these Terms and Conditions and Applicable Law.
If a User decides to withdraw his or her consent for APG to collect, use, store, and disclose their Personal Information, APG still will have to comply with all Applicable Law that requires us to keep records relating to any medication that it dispensed to the User. If a User chooses to not give APG consent to collect, use, store, and disclose certain Personal Information, APG may not be able to provide that User with APG’s full range of pharmacy services.
APG complies with all applicable federal, provincial and local laws, rules and regulations concerning the privacy and security of Personal Information provided to APG by Users, including, without limitation, the requirements of federal and provincial private sector and health sector privacy legislation.
To this end, APG has implemented physical, electronic, and managerial procedures to safeguard all User Personal Information in its possession and to help prevent unauthorized access to such Personal Information. APG also has clearly defined internal policies and practices for protection of Personal Information. APG applies security safeguards appropriate to the sensitivity of the Personal Information, such as retaining Personal Information in secure facilities and making Personal Information accessible only to authorized APG employees on a need-to-know basis.
User Personal Information is stored on APG’s database servers and/or hosted by third parties who have entered into agreements with APG that require them to adhere to Applicable Law and to observe APG’s Personal Information protection policies. Data centers are designed to be physically secure and protected from unauthorized access by unauthorized persons.
APG collects Personal Information directly from Users when Users enroll in APG services (e.g., when a User enrolls in APG’s Prescription Services or when a User seeks to purchase Wellness Essentials) via APG’s website and/or mobile application. APG limits the collection of Personal Information to that which is required to accomplish the purposes for which it is being collected. In addition to Personal Information, APG may also collect the following information from Users that access and use APG’s website and/or mobile application.
APG may record the Internet Protocol (IP) address of Users. The IP address does not identify Users personally, but does allow APG to maintain communication with Users as they move about APG’s website and/or mobile application.
APG also may collect User information through cookies or similar technology. A “cookie” is a unique numeric code that is transferred to a device (e.g., tablet, phone, or computer) that enables the transferor to keep track of the interests and preferences of the transferee, as well as recognize the transferee as a return visitor to a website. Use of cookie technology allows APG to collect “clickstream” data, which reflects a User’s activities, including the User’s interest in certain healthcare conditions. A cookie does not collect or keep a User’s name or other personal identifying information, but does allow APG to provide Users with the content and features likely to be of greatest interest to them based on their previous activities.
APG also may collect and use the geo-location information of Users. This means that APG may use GPS or similar technology to identify a User’s current location. Users can turn off geo-location services in their device settings.
APG may use Personal Information for a variety of purposes including, without limitation, to:
APG will only disclose Personal Information to undertake the uses outlined above, with consent of a User, in life-threatening situations, or when the law requires disclosure (e.g., in response to a valid search warrant, court order, or regulatory investigation).
Each User is permitted access to all Personal Information APG has recorded with respect to that User, and is permitted to correct/edit such Personal Information where circumstances dictate and in accordance with Applicable Law. APG’s website and mobile application allow Users to view their Personal Information and edit certain Personal Information. Editing of some Personal Information may require the User to contact APG directly. APG may charge a reasonable fee for providing Users with copies of their Personal Information, if requested in an alternate format.
Users can limit or rescind access to the Personal information that is available on APG’s website and/or mobile application by contacting APG at any time.
Although APG makes all reasonable efforts to protect User Personal Information from access, misuse, and/or alteration by third parties, Users must be aware that there always remains some risk that an unauthorized third party could find a way to thwart APG’s security systems. Where Users create or have access to and use passwords, ID numbers, or other special access features to access APG’s website and/or mobile application, it is their responsibility to safeguard them.
APG strongly recommends that Users implement security measures when using our mobile application on devices such as phones and tablets to ensure that Personal Information is not accessible to someone other than the User that might gain access to the User’s device.
APG is the owner of all right, title, and intellectual property in the name “APG” and all entities affiliated with APG, and is as such fully and expressly the property of APG, inclusive of all copyright therein. APG may from time to time use other trade names, trademarks, logos and/or website names which are particular to, owned by, or copyrighted by APG. As such, no trademark, copyright, trade name, website name or other named identification of or owned by APG may be used, reproduced, altered, or transmitted by a User without the specific written approval of APG, which may be unreasonably withheld.
Trademarks, logos, trade names, copyrights, product names and other intellectual property owned by non-APG entities may be referred to or displayed by APG on its website or mobile application. It is expressly understood and agreed to by the User that no trademarks, trade names, logos, copyrights, or other intellectual property, or any of the non-APG owned material(s) whatsoever on APG’s website and/or mobile application including, but not limiting the generality thereof, graphic design, content text, font, and colours, can be used, reproduced, altered, or transmitted by the User in any way other than expressly permitted herein, nor is it permitted to make any commercial use whatsoever of the material on the website and/or mobile application.
APG may display content, materials, and information on its website and/or mobile application for the purpose of providing education/information to Users regarding certain medications and products, e.g., Wellness Essentials. Such content, materials, and information are solely and expressly for the educational/informational use of the User and are not meant to substitute for, deter, or detract from the guidance, advice, and competent professional care, diagnosis and treatment of a User’s doctor, pharmacist, or other professional health care provider. In all cases the User should seek the advice of a doctor, pharmacist, or other health care provider before commencing treatment of a given condition or use of a medicine and, without question, immediately and without fail, if an adverse condition being experienced by the User persists or worsens. Educational/informational content, materials, and information provided on APG’s website and/or mobile application is not specific to or personal for any particular User or particular User concern, and APG cannot and is not responsible or liable in any way for any action taken by any User based on such content, materials, and information.
Likewise, any information contained on a package or in a package insert provided by the manufacturer of a product a User receives/obtains from APG (whether that product be a prescription or Wellness Essential) should be read, completely understood, reviewed, and considered by the User in the light of any professional health care provider’s guidance, and the product should be used only as directed by the package, package insert, and/or the User’s health care provider. It is essential that content, materials, and information contained on APG’s website and/or mobile application not be used by a User to diagnose, prevent, treat, or cure any disease, malady, or health issue.
Third party content, materials, and information displayed on APG’s website and/or mobile application are for informational/educational services only, and the User expressly agrees by the use of and access to APG’s website and/or mobile application that APG makes no warranty or representation, express or implied, of any kind with respect to such content, materials, and information. Accordingly, it is understood and agreed to by the User that APG makes no representations or warranties whatsoever regarding third party content, materials, and information. APG specifically and expressly disclaims any and all responsibility, obligation or guarantee as to APG’s website and/or mobile application displayed on APG’s website and/or mobile application, or any of the accuracy or completeness of such content, materials, and information as to medications and products, e.g., Wellness Essentials, or their efficacy, fitness, and or merchantability for any particular purpose.
Moreover, APG reserves the right to correct information, including spelling and typographical errors, pricing, and product information relating to Wellness Essentials or other products without any liability arising. Any and all claims, endorsements, or representations respecting any specific third party-manufactured product offered for sale on APG’s website and/or mobile application are not made by or agreed with by APG, and is instead the responsibility fully and completely of the manufacturer of the product. The availability of a product on APG’s website and/or mobile application is for the convenience of the User only and carries with it no liability or responsibility on the part of APG.
It is also understood and agreed to by the User that APG makes no representation or warranty with respect to the website and/or mobile application itself, its completeness, its correctness, or accuracy or any detail thereof, or its cyber security or that it will be at all times free of virus. APG will however make reasonable efforts solely within its discretion and absolute control to maintain a commercial standard of reliability of the website and mobile application, notwithstanding APG will not be responsible for circumstances outside its control, nor will APG need to meet any objective or competitive standard of performance whatsoever. APG does not make any representation or warranty whatsoever, including fitness for the purpose or merchantability, security, or virus control nor has any other implied or express responsibility or obligation respecting any links that may be available to other websites.
APG makes every effort to stock sufficient product and items set out on its website and mobile application but APG cannot ensure that all products or items will be always be available. APG reserves the right to provide back order facility for any product or item not then currently available for purchase, and/or to require limitation of quantities for purchase by a given User.
APG expressly disclaims and denies any responsibility, obligation or indebtedness for any damages whatsoever, howsoever, or wheresoever arising from third party content, materials, and information on APG’s website and/or mobile application, and product(s) mentioned or displayed on the website and/or mobile application itself, and any use thereof by the User of the website or to any other linked website. The User by his or her use of APG’s website and/or mobile application expressly agrees that neither APG nor any of its officers, directors, shareholders, principals, employees, agents, consultants, representatives, suppliers or any other party, entity, or person providing services to APG shall be liable or in any way responsible without any limitation whatsoever for any damages, claims, losses, injury, expenses, or any other costs of any nature or kind, direct or consequential, including legal, accounting or medical expenses arising out of or in connection with APG’s website and/or mobile application, its use, or unavailability for use by reason of any circumstance.
By the use of APG’s website and/or mobile application the User hereby agrees to indemnify, defend and hold harmless APG, its officers, directors, shareholders, principals, employees, agents, consultants, representatives, suppliers or any other party, entity or person providing services to APG from and against all losses, expenses, damages and costs, including reasonable legal, accounting and medical fees, resulting from any breach by the User of these Terms and Conditions.
Users with questions or concerns about this Policy should not hesitate to contact APG directly by any of the means below:
Notwithstanding the global nature of the internet and available access by Users to the APG website and/or mobile application from any location, these Terms and Conditions shall be governed and interpreted by the laws of the Province of Ontario and the federal laws of Canada applicable therein. As such, Users expressly attorn to the jurisdiction of the Courts of the Province of Ontario. In the event that any of these Terms and Conditions are held to be indefinite, invalid, illegal, or otherwise voidable or unenforceable, the balance of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the User and APG governing use of the APG website and/or APG mobile application.