Terms of Use (User Agreement)

Last Updated: July 4th 2024

DO NOT USE THE PLATFORM FOR EMERGENCY HEALTHCARE. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR GO TO YOUR NEAREST HOSPITAL OR MEDICAL CLINIC.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE Treat Me Now PLATFORM. THESE TERMS OF USE ARE A BINDING AGREEMENT THAT GOVERNS USE OF THE Treat Me Now PLATFORM, EXCLUDES OR LIMITS THE LIABILITY OF Treat Me Now AND OTHER PERSONS, SPECIFIES THE PROCESS FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.

EACH TIME YOU ACCESS OR USE THE Treat Me Now PLATFORM, YOU: (1) ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE MOST CURRENT VERSION OF THESE TERMS OF USE; AND (2) CONFIRM YOUR CONSENT TO RECEIVE VIRTUAL CARE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR YOU DO NOT CONSENT TO RECEIVE VIRTUAL CARE, THEN YOU MAY NOT ACCESS OR USE THE Treat Me Now PLATFORM.

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1398948 B.C. LTD. carrying on business as Treat Me Now ("Treat Me Now") operates the Treat Me Now online information technology platform and related websites and provides related content, information, and services (collectively the "Platform") that authorized individuals (each a "user") may use to:

  • access general health and wellness information available on the Platform ("General Information");
  • interact with independent health professionals (e.g., nurse practitioners or pharmacists) lawfully permitted to provide virtual healthcare to individuals located in British Columbia (each a "Virtual Care Provider") to obtain certain healthcare services (including the issuance of prescriptions, if applicable) provided using information and communications technologies (including online questionnaires, interactive messaging, and audio and video technologies) where the user (patient) and the Virtual Care Provider are not in the same physical location ("Virtual Care"); and
  • to purchase products (including prescription medications) from independent pharmacies authorized to use the Platform (each a "Pharmacy").

1. Your Acceptance of these Terms of Use

These Terms of Use are a legal agreement between you and Treat Me Now regarding your access to and use of the Treat Me Now Platform and all products and services available through the Platform.

You will be required to confirm your acceptance of these Terms of Use in order to create an account for the Platform. In addition, by accessing or using the Platform, you acknowledge and signify that you have read, understand, and agree to be bound by the most current version of these Terms of Use. If you do not agree to the most current version of these Terms of Use, or you cannot comply with the most current version of these Terms of Use, then you may not access or use the Platform.

You will also be required to read and complete an online consent form before using the Platform, in order to confirm your informed consent to Virtual Care.

You may print and save a copy of these Terms of Use and the online consent form for your reference.

2. Changes to these Terms of Use

Treat Me Now may change these Terms of Use from time to time and at any time. Treat Me Now will post each revised Terms of Use on the Platform at https://www.treatmenow.com/terms-of-use and will provide additional notice of changes to these Terms of Use as required by applicable law. All changes to these Terms of Use will be effective when they are posted on the Platform at https://www.treatmenow.com/terms-of-use unless the revised Terms of Use expressly state otherwise. It is your responsibility to check the "Last Updated" date at the top of these Terms of Use and review any changes since the last version.

By using the Platform after these Terms of Use have been changed, you will be deemed to have accepted and agreed to the changed Terms of Use. If you do not agree with, or cannot comply with, the changed Terms of Use, then you must immediately stop using the Platform and close your account for the Platform.

You may not change, supplement, or amend these Terms of Use in any manner.

3. Permission to Use the Platform and Accounts

3.1 Qualifications

You may access and use the Platform only if you are an individual (natural person) located/resident in British Columbia. You may not use the Platform if: (a) you are under the age of majority in British Columbia (which is 19 years of age) or you are not able to form a legally binding contract under applicable law; (b) you do not agree to these Terms of Use; (c) you have breached these Terms of Use; (d) your permission to use the Platform has been suspended or terminated by Treat Me Now; or (e) these Terms of Use as they apply to you have been terminated by you or by Treat Me Now.

The products you purchase through the Platform will be delivered only to locations in British Columbia and may be used only by you.

Each time you use the Platform, you represent and warrant that you are qualified to use the Platform (as set out above), and that the products purchased through the Platform will be used solely by you in British Columbia.

3.2 Permissible Use

You may use the Platform for your lawful, non-commercial, personal use only, and only in accordance with these Terms of Use and all applicable laws. You may not use the Platform for any other purpose or in any other way.

You may not use the Platform on behalf of or for the benefit of any other person, including to obtain prescriptions or products on behalf of or for the benefit of any other person.

You may use the Platform solely for non-urgent purposes. You may not use the Platform for emergency healthcare. If you are experiencing or anticipate a medical emergency, then call 911 immediately or go to your nearest hospital emergency room.

You may print displayed pages of the Platform for your personal, non-commercial, informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

3.3 Accounts and Credentials

Access to and use of certain features or functionalities of the Platform will require that you have a valid and subsisting account for the Platform (an "Account") and valid and subsisting unique identifiers or other factors (e.g., a username and password) registered with the Platform (collectively "Credentials").

To register for an Account, you will be required to provide us with specified information about you and photographs of the front and back of your health insurance card and government-issued photo identification card (to allow Treat Me Now, Care Providers and Pharmacies to identify you) and payment information. You will also be required to confirm your acceptance of these Terms of Use and to read and complete an online consent form for Virtual Care.

Your Account and Credentials are specific to you, and may not be shared with or transferred to any other person. You may not have more than one Account. You are fully responsible and liable for maintaining the security and confidentiality of your Credentials, and for all use and misuse of your Account and Credentials (including all transactions using your Account or Credentials) and for all resulting damages, losses, and liabilities. You may not disclose your Credentials to any other person or permit any other person to use your Account or Credentials.

You will immediately notify Treat Me Now's Customer Care through the Platform or by telephone 1-877-853-0312 or e-mail to [email protected] if you discover any unauthorized use of your Account or if you know or suspect that your Credentials have been lost or stolen or become known to or used by any other person. Treat Me Now will not be liable for any damages, losses, or liabilities arising from your failure to comply with the above requirements.

Treat Me Now may act on any communication that is given through your Account or using your Credentials without verifying the actual identity of the person using your Account or Credentials. However, Treat Me Now in its discretion may at any time require proof of the identity of any person seeking to access and use your Account or using your Credentials, and may deny access to and use of your Account or refuse to accept or act on any communication given through your Account or using your Credentials if Treat Me Now is not satisfied with the proof.

Credentials do not restrict access by Treat Me Now to information in your Account. Credentials may not prevent unauthorized access to data or other information.

Treat Me Now in its discretion may cancel or suspend your Account or change your Credentials at any time without any notice or liability to you or any other person.

4. The Platform, Virtual Care Providers and Pharmacies

4.1 Treat Me Now and the Platform

Treat Me Now is an information technology company that operates the Platform and facilitates the use of the Platform by users, Virtual Care Providers and Pharmacies. Treat Me Now is not a health professional or a pharmacy, and does not provide any Virtual Care or sell or provide any products or health care services through the Platform. All Virtual Care (including medical advice and the issuance of prescriptions) available through the Platform is provided solely by Virtual Care Providers – not by Treat Me Now. All products (including prescription medications) advertised and sold through the Platform are sold solely by Pharmacies – not by Treat Me Now.

4.2 Virtual Care Providers and Virtual Care

The Platform allows users to interact with Virtual Care Providers to obtain Virtual Care. Virtual Care requires the electronic collection of the user's personal information (including personal health information) and related documents, the electronic transmission of the personal information and related documents to the Virtual Care Provider, the processing and retention of the personal information and documents by or on behalf of the Virtual Care Provider, and the transmission of information and documents (including prescriptions) to Pharmacies so they may fill prescriptions.

By using the Platform to obtain Virtual Care, you consent to Virtual Care Providers providing Virtual Care to you and to the collection, use, disclosure, and retention of your personal information and related documents for the purpose of providing Virtual Care to you.

Treat Me Now, as operator of the Platform, may facilitate your interactions with Virtual Care Providers through the Platform, make your personal information and documents available to Virtual Care Providers through the Platform, and issue invoices and process payments for Virtual Care provided by Virtual Care Providers through the Platform, but Treat Me Now is not a healthcare provider and is not responsible or liable for any Virtual Care provided through the Platform.

Virtual Care Providers are independent providers of healthcare services. They are not Treat Me Now employees and they are not acting on behalf of Treat Me Now when they provide Virtual Care through the Platform. Each Virtual Care Provider is solely responsible and liable for, and has sole authority, responsibility, supervision, and control over, the Virtual Care they provide through the Platform and related matters (including compliance with applicable laws and standards of care). Treat Me Now does not supervise or have any control over the Virtual Care provided through the Platform or the acts and omissions of any Virtual Care Provider. Treat Me Now is not responsible or liable for any Virtual Care provided through the Platform or any act or omission by any Virtual Care Provider.

4.3 Pharmacies and their Products

The Platform allows users to have their prescription fulfilled by Pharmacies through the Platform. Users may also choose to have their prescription sent to users by mail so they may have the prescription fulfilled by a pharmacy outside the Platform.

Treat Me Now, as a service to Pharmacies, may facilitate your interactions with Pharmacies through the Platform (including by transmitting your prescriptions and personal information and documents to Pharmacies, issuing invoices to you and processing your payments for products sold by Pharmacies through the Platform, sending notices and reminders to you, and providing delivery services), but Treat Me Now is not a pharmacy and is not responsible or liable for any Pharmacy or any of their products.

Pharmacies are independent providers of products and services. They are not owned or operated by Treat Me Now, and they are not acting on behalf of Treat Me Now when they provide products or services through the Platform.

Pharmacies will handle your prescriptions (both original requests and refills) transmitted through the Platform in the same manner as paper prescriptions presented in-person at the Pharmacy, subject to the dispensing pharmacist's professional judgment and responsibilities and in accordance with applicable laws and standards of care.

Before a Pharmacy releases medications for shipping, a pharmacist will contact you by telephone (to the number in your account) to discuss your medication.

You may directly contact a Pharmacy if you have any questions or concerns regarding your medications, or to update any information or documents in your patient record maintained by the Pharmacy.

Pharmacies are independent providers of services. Pharmacies are not owned or controlled by Treat Me Now, and they are not acting on behalf of Treat Me Now when they provide products purchased through the Platform. Each Pharmacy is solely responsible and liable for, and has sole authority, responsibility, supervision, and control over, the products they sell through the Platform and related matters (including compliance with applicable laws and standards of care). Treat Me Now does not supervise or have any control over Pharmacies or the products they sell through the Platform. Treat Me Now is not responsible or liable for any Pharmacy or its products sold through the Platform or any act or omission by any Pharmacy.

5. Virtual Care

5.1 No Emergency Use

THE PLATFORM MAY NOT BE USED FOR EMERGENCY HEALTHCARE. IF YOU ARE DEALING WITH A MEDICAL EMERGENCY, THEN CALL 911 IMMEDIATELY OR GO TO YOUR NEAREST EMERGENCY ROOM.

5.2 Not a Substitute for General Healthcare

The Platform does not provide access to general healthcare services. The Virtual Care available through the Platform is limited to diagnosing and issuing prescriptions (if appropriate) for the non-urgent treatment of specific medical problems as explained on the Platform.

The Virtual Care you receive through the Platform is not a substitute for healthcare provided by a primary healthcare provider (i.e., a licensed medical doctor). If you do not have a primary healthcare provider, we encourage you to find one. Treat Me Now and Virtual Care Providers will not provide your primary healthcare provider with a report of the Virtual Care that you receive through the Platform or the products you purchase through the Platform. We encourage you to inform your primary healthcare provider about the Virtual Care you receive through the Platform and the products you purchase through the Platform, and to consult with your primary healthcare provider if you have any concerns about the Virtual Care you receive through the Platform.

5.3 Not Always Available

Virtual Care Providers in their discretion may refuse or discontinue the provision of Virtual Care to you at any time, including based on a determination that Virtual Care is not appropriate for you in the circumstances or as a result of your actual or potential misuse of Virtual Care.

5.4 Prescriptions

Each prescription provided to you by a Virtual Care Provider through the Platform is intended for your personal use only.

5.5 Risks

Virtual Care is convenient but there are limitations and risks associated with Virtual Care that might adversely affect the availability and quality of Virtual Care, including limitations and risks arising from: (a) the remote and non-instantaneous nature of Virtual Care; (b) Internet service and technology problems that might limit the ability of a Virtual Care Provider to complete a Virtual Care appointment or delay or prevent a Virtual Care Provider's assessment, decision, and issuance of a prescription (if applicable); (c) limits on a Virtual Care Provider's access to your personal health records maintained outside the Platform (e.g., by your primary healthcare provider), which might result in adverse drug interactions, allergic reactions, or other judgment errors; and (d) risks of unauthorized access to, or collection, use, disclosure, deletion, or retention of, your personal information and documents processed or stored by the Platform or disclosed to a Virtual Care Provider or Pharmacy.

Each time you access or use the Platform, you confirm your consent to receive Virtual Care from Virtual Care Providers through the Platform and your acceptance of the limitations and risks associated with Virtual Care.

6. General Information

General information available on the Platform is for educational and awareness purposes only, and does not constitute Virtual Care or any other kind of healthcare, advice, diagnosis, or treatment on which you may rely. General Information is not a substitute for the healthcare provided by a primary healthcare provider. We encourage you to obtain appropriate healthcare, advice, diagnosis, treatment, and information from your primary healthcare provider. You use and rely on General Information at your own risk.

7. Communications and Technology

7.1 General

Your use of the Platform requires you to send and receive electronic communications – including information about your health, medical conditions, and healthcare, transactional and payment information (e.g., benefits/insurance information and payment card information), and transactional information and communications (e.g., invoices and payment notifications, shipping alerts, and information and documents to verify information and identity) – through the Platform and in some circumstances by email and text message, and to sign documents electronically.

Communications containing your personal health information will be exchanged with you through the Platform only. Other kinds of transactional communications may be sent to you through the Platform or by email or text message to the email addresses and mobile numbers in your Account. Message frequency will vary. Message and data rates may apply. Treat Me Now is not responsible or liable for delayed or undelivered text messages.

By using the Platform, you consent to send and receive electronic communications through the Platform and to the email addresses and mobile numbers in your Account. You may withdraw your consent to electronic communications by terminating your Account, but that means that you will no longer be able to use the Platform and you will no longer receive important electronic communications relating to your previous use of the Platform.

7.2 Communications to Treat Me Now

You authorize Treat Me Now to: (a) accept communications it receives from you by means of the Platform, e-mail, and text message as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Platform, by e-mail, text message and postal mail to the addresses and numbers in your Account.

Communications you send to Treat Me Now are not effective unless and until they are processed by the responsible Treat Me Now representative. Treat Me Now may refuse to process any communications sent to Treat Me Now, or may reverse the processing of any communications sent to Treat Me Now, at any time in Treat Me Now's discretion, and without any notice or liability to you or any other person, including if Treat Me Now believes the communication to be fraudulent or unlawful or defective, inaccurate, or incomplete due to a technical malfunction.

7.3 Promotional Messages

In addition to transactional messages, Treat Me Now may send promotional text messages to your email address and mobile phone number in your Account based on your express or implied consent, which you may withdraw at any time by using the unsubscribe mechanism explained in each email or text message, and as otherwise permitted by applicable law.

7.4 Your Technology

You are solely responsible and liable for lawfully obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage, all equipment (including personal computers and mobile devices), software (including internet browsers and PDF reader software), and services (including internet access, email services, and mobile phone services) necessary for your access to and use of the Platform and for sending and receiving electronic communications relating to your use of the Platform. You will ensure that your email address and mobile phone number in your Account are accurate and current.

7.5 Risks

The Platform includes safeguards to help protect the electronic communications, documents, and data processed or stored by or through the Platform from unauthorized access, collection, use, disclosure, deletion, and similar risks. Nevertheless, the Internet is inherently risky and security risks cannot be eliminated. Treat Me Now does not guarantee that the communications, documents, and data processed or stored by or through the Platform will not be accessed, collected, used, disclosed, or deleted by unauthorized persons or in unauthorized ways.

8. Prescriptions and Refills

8.1 Original Prescriptions Required

Pharmacies only accept original prescriptions for dispensing products purchased through the Platform. An original prescription must be issued by a Virtual Care Provider through the Platform, originate from your physician's office by phone, fax, or secure electronic transfer to the Platform, or be transferred from another pharmacy. Instructions regarding the prescription transfer process are available on the Platform. The Platform will not accept prescriptions sent by email. In some circumstances, the Platform might permit you to submit an image (photograph or scan) of a prescription to begin the Virtual Care or prescription fulfillment process, but those images must be verified by an original prescription sent to the Platform in a prescribed manner.

8.2 Refills

Your prescriptions accepted by the Platform may be refilled by a Pharmacy through the Platform in accordance with the terms of the prescription and your medication profile, subject to the dispensing pharmacist's professional judgment and applicable laws and standards of care.

You may request the Platform provide you with refill reminders as a courtesy convenience, but you remain solely responsible for ensuring that your prescriptions are refilled as and when required. You may access your Account to obtain information about your prescriptions and refill availability.

8.3 Packaging

Products that you purchase through the Platform may be dispensed by the applicable Pharmacy in a child-resistant container unless you have signed a waiver or expressly requested a non-safety vial or container or where a child-resistant container is not suitable due to the nature of the product.

8.4 Information/Instructions

You must carefully read all information, instructions, documentation, packaging, and labels provided by your primary healthcare provider, applicable Virtual Care Providers, Pharmacies, and manufacturers for each product you purchase from a Pharmacy through the Platform. You should promptly obtain healthcare advice from your primary healthcare provider or pharmacist if you have any questions or concerns regarding the products.

8.5 Adverse Reactions

If you have an adverse reaction or side effect after using any product you purchase through the Platform, you should immediately contact your primary healthcare provider or go to the nearest walk-in clinic, or call 911 if the event is an emergency.

9. Other Terms and Conditions

Additional terms and conditions (collectively the "Other Terms and Conditions") apply to purchases of products through the Platform and to specific features, functionalities, and services of or available through the Platform.

Treat Me Now may change the Other Terms and Conditions from time to time and at any time. Treat Me Now will post revised Other Terms and Conditions on the Platform at https://www.treatmenow.com/terms-of-use, and will provide additional notice of changes to the Other Terms and Conditions as required by applicable law. All changes to the Other Terms and Conditions will be effective when they are posted on the Platform at https://www.treatmenow.com/terms-of-use unless the revised Other Terms and Conditions state otherwise.

The Other Terms and Conditions are incorporated into and form part of these Terms of Use by this reference. If there is any conflict or inconsistency between any Other Terms and Conditions and these Terms of Use, the Other Terms and Conditions will govern regarding the specific purchase, feature, functionality, or service to which they apply.

10. Ownership of Platform and Content

Copyright © 2024 Treat Me Now. All rights reserved. The Platform (including all text, graphics, interfaces, images, video, designs, data, and other elements available on or through the Platform, and the design, structure, selection, arrangement, and look and feel of those items, and the Platform as a whole) and the technologies used to operate the Platform and all related proprietary rights (including copyright and trademark rights) are owned solely by Treat Me Now and its licensors, and are protected by Canadian and international copyright, trademark, and other laws. You will not acquire any right, title, or interest in, to, or associated with the Platform or its content or any related technologies, or any right to receive, obtain, access, or use a copy of any of the software or other technologies used by or on behalf of Treat Me Now to operate the Platform.

11. Information/Documentation and Privacy

You will ensure that all information and documentation you provide to Treat Me Now, Virtual Care Providers, and Pharmacies, through the Platform or otherwise, including information and documentation relating to your Account, information about your health, medical conditions, and healthcare, transactional information, and payment information (e.g., benefits/insurance information and payment card information), is true, accurate, current, and complete. You will immediately update all information and documentation in your Account (using applicable functionalities of the Platform) to accurately record any changes to the information and documentation and you will inform relevant Virtual Care Providers and Pharmacies about the changes to the information and documentation. Treat Me Now, Virtual Care Providers, and Pharmacies will rely on the information and documentation you provide. You will be solely responsible and liable for any and all losses, damages, and liabilities that you, Treat Me Now, Virtual Care Providers, Pharmacies, and any other person may incur as a result of your submission of any false, incorrect, or incomplete information or documents or your failure to promptly update your information and documents.

Treat Me Now collects your personal information and non-personal information when you use the Platform, including information that you specifically and knowingly provide (including the health information you submit through the Platform to obtain a prescription or when interacting with a Virtual Care Provider or Pharmacy), and information that is collected by the Platform using technological measures. Treat Me Now's privacy statement is available online at https://www.treatmenow.com/privacy-policy. Each time you access or use the Platform, you consent to Treat Me Now's collection, use, disclosure (including disclosures to Virtual Care Providers and Pharmacies), and retention of your personal information as set out in the most current version of Treat Me Now's privacy statement.

12. Orders, Misprints/Errors, and Returns

12.1 Orders

Information and advertisements on the Platform are informational invitations to make offers to purchase products and are not offers to sell. Your order (including a request to have a prescription filled by a Pharmacy) submitted through the Platform is an offer to buy, subject to these Terms of Use, the products listed in your order or prescription. Each order submitted through the Platform is subject to acceptance by the applicable Pharmacy in its discretion, which acceptance will be communicated through the Platform. Subject to applicable laws and standards of practice, Pharmacies may choose not to accept orders or prescriptions submitted through the Platform, even after the Platform confirms that the order or prescription has been received by the Pharmacy. If a Pharmacy chooses not to accept an order or prescription, the Platform will provide you with confirmation and issue a refund for any amounts you paid in advance for the order or prescription. You may not cancel an order that has been accepted by the applicable Pharmacy.

12.2 Misprints/Errors

Treat Me Now endeavours to provide current and accurate information on the Platform, but misprints, errors, inaccuracies, omissions (including incorrect specifications for products), or other errors may occur. Treat Me Now cannot guarantee that products and services advertised on the Platform will be available when ordered or thereafter, and does not promise that the content of the Platform (including product descriptions, photographs, and colours) is accurate or complete.

Treat Me Now reserves the right, without any notice or liability to you or any other person, to: (a) correct any error, inaccuracy, or omission at any time; (b) change at any time the products advertised or made available for sale on the Platform, the prices, fees, charges, and specifications of those products, any promotional offers, and any other Platform content; (c) refuse or cancel any order you place; and (d) limit quantities available for sale or sold. All prices and other amounts appearing on the Platform are quoted in Canadian dollars.

12.3 Returns

To the maximum extent permitted by applicable law, and except as expressly set out in these Terms of Use or the Other Terms and Conditions, all sales of products through the Platform are final, and the products you purchase through the Platform cannot be returned for exchange, credit, or refund.

13. Trademarks

TREATMENOW™, TREAT ME NOW™, TREATMENOW.COM™, and related logos are registered or unregistered trademarks, service marks, and trade names owned or licensed by Treat Me Now. Other product and company names and logos appearing on the Platform may be registered or unregistered trademarks, service marks, or trade names of their respective owners. Any use of the trademarks, service marks, or trade names displayed on the Platform is strictly prohibited, and nothing appearing on the Platform will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks, or trade names.

14. Feedback

All unsolicited ideas, suggestions, proposals, or other materials that you send to Treat Me Now (collectively "Feedback") are deemed to be non-confidential, and you automatically and unconditionally grant to Treat Me Now and its licensors and their respective successors, assigns, and licensees a perpetual, irrevocable, royalty-free, unrestricted, non-exclusive, world-wide, fully assignable and sub-licensable right and license to use and exploit the Feedback in any and all ways and for any and all purposes whatsoever, using any form, media, or technology now known or later developed, without providing any compensation or attribution to you or any other person, and free from any obligation of confidence or other duties or obligations. You will not submit to Treat Me Now any Feedback that you or any other person consider to be confidential or proprietary.

15. Linked Sites

For your convenience, the Platform may provide links or references to other websites or internet resources and businesses operated by other persons, including Pharmacies (collectively "Linked Sites"). Linked Sites are independent from Treat Me Now, and Treat Me Now has no responsibility or liability for or control over Linked Sites or their business, goods, services, or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites is at your own risk, and you will not make any claim against Treat Me Now arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites, or their business, goods, services, or content.

16. Prohibited Activities

16.1 Technical Prohibitions

You may not:

  • attempt to circumvent the ordinary navigational structure, technical delivery systems, presentation, or display of the Platform or otherwise attempt to access or use the Platform or any related information technology system or infrastructure or any related content or data, by any means that is not deliberately made available to you for that purpose by the Platform;
  • use the Platform to upload, transmit, or distribute any virus, worm, Trojan Horse, or other code or routine that manifests contaminating or destructive properties or in any other way that damages, disrupts, compromises, degrades, or interferes with the security, integrity, availability, functionality, operation, performance, or results of the Platform or any technology system or data;
  • alter, attempt to circumvent, deceive, destroy, obscure, or remove any notices (including trademark and copyright notices), warnings, proprietary codes or locks, means of identification, digital rights tools or management information, security, or access control measures (including CAPTCHA tests), or agreements on, in, or in relation to the Platform or any documents or information obtained through the Platform;
  • copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, license, sublicense, grant, sell, share, transfer, assign, pledge, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Platform to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge;
  • index, crawl, catalogue, mirror, frame, scrape, cache, or collect or mine data or information (including product information and pricing) from the Platform for any purpose whatsoever, using any technologies, tools, or methods (including manually or using robots, spiders, crawlers, scrapers, or other automatic devices, programs, or methodologies) whatsoever;
  • link (including deep links) to the Platform;
  • attempt to test or tamper with the security of the Platform or any related information technology system or infrastructure or attempt to interfere with the proper functionality, operation, performance, or results of the Platform, any transaction being conducted through the Platform, or any other person's use of the Platform;
  • make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform or any of the software used to operate the Platform;
  • use the Platform in a way that infringes, misappropriates, or violates the rights (including privacy rights or intellectual property rights) of any other person;
  • use the Platform to monitor or assess the availability, performance, functionality, or results of the Platform, or for any other benchmarking or competitive purpose (including to create or operate a similar or competitive service); or
  • authorize, permit, assist, encourage, or enable any other person to do any of the foregoing or to use the Platform in a way that would constitute a breach of these Terms of Use if it were done by you.

A restriction set out in this section 16.1 does not apply if and to the extent the restriction is prohibited by applicable law.

16.2 Interactions/Communications

You may not use inappropriate or objectionable language or conduct (including comments that are abusive, deceptive, defamatory, derogatory, discriminatory, disrespectful, harassing, hateful, indecent, insulting, obscene, offensive, racist, rude, sexist, sexually explicit, threatening, or vulgar) when interacting with Virtual Care Providers, Pharmacies, or Treat Me Now Customer Care.

You may not communicate with or contact any Virtual Care Provider or Treat Me Now Customer Care personnel by any means other than through the Platform or by email or text message to an address or number designated for that purpose by the Virtual Care Provider or Treat Me Now Customer Care, except for specific communications to other email addresses or numbers that are expressly agreed to or instructed by the Virtual Care Provider or Treat Me Now Customer Care.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Treat Me Now IS NOT RESPONSIBLE OR LIABLE FOR: (A) VIRTUAL CARE OR ANY ACT OR OMISSION BY ANY VIRTUAL CARE PROVIDER; OR (B) ANY PRODUCTS OR SERVICES PROVIDED BY ANY PHARMACY THROUGH THE PLATFORM OR ANY OTHER PRODUCTS OR SERVICES OF, OR ACTS OR OMISSIONS BY, ANY PHARMACY OR ANY PHARMACY PERSONNEL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND THE PRODUCTS, SERVICES, AND CONTENT (INCLUDING GENERAL INFORMATION) AVAILABLE THROUGH THE PLATFORM, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, CONDITION, OR GUARANTY OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATION, WARRANTY, CONDITION, OR GUARANTY OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SECURITY, SUITABILITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY Treat Me Now TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE PLATFORM AND THE PRODUCTS, SERVICES, AND CONTENT AVAILABLE THROUGH THE PLATFORM TO ACHIEVE YOUR INTENDED RESULTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Treat Me Now WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY IN PERFORMING OR FAILURE TO PERFORM ANY OF Treat Me Now'S OBLIGATIONS UNDER THESE TERMS OF USE IF AND TO THE EXTENT PERFORMANCE IS DELAYED OR PREVENTED DUE TO ANY CAUSE OR CIRCUMSTANCE THAT IS BEYOND THE Treat Me Now'S REASONABLE CONTROL, AND ANY DELAY OR FAILURE OF THAT KIND WILL BE DEEMED NOT A BREACH OF THESE TERMS OF USE.

Treat Me Now DOES NOT PROMISE THAT THE PLATFORM, OR THE PRODUCTS, SERVICES, OR CONTENT (INCLUDING GENERAL INFORMATION) AVAILABLE ON OR THROUGH THE PLATFORM, WILL BE ACCESSIBLE, AVAILABLE, ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM, OR THE PRODUCTS, SERVICES, OR CONTENT AVAILABLE THROUGH THE PLATFORM, WILL PRODUCE SPECIFIC RESULTS. IF YOU ARE DISSATISFIED WITH THE PLATFORM, OR THE PRODUCTS, SERVICES, OR CONTENT AVAILABLE THROUGH THE PLATFORM, THEN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOUR SOLE REMEDY IS TO CEASE USING THE PLATFORM AND THE PRODUCTS, SERVICES, AND CONTENT AVAILABLE THROUGH THE PLATFORM.

18. Liability Exclusion and Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL Treat Me Now GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE, LOSS, OR LIABILITY (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE PLATFORM OR THE PRODUCTS, SERVICES, OR CONTENT AVAILABLE THROUGH THE PLATFORM; AND (B) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE TERMS OF USE Treat Me Now GROUP IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL Treat Me Now GROUP'S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE PLATFORM AND THE PRODUCTS, SERVICES, AND CONTENT AVAILABLE THROUGH THE PLATFORM EVER EXCEED CAD$100.

THE FOREGOING LIABILITY EXCLUSION AND LIMITATION APPLY TO LIABILITY UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STATUTE, AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY Treat Me Now GROUP OR ANY PERSON FOR WHOM Treat Me Now GROUP IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE DAMAGE, LOSS OR LIABILITY, OR Treat Me Now GROUP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL DAMAGE, LOSS OR LIABILITY BEING INCURRED.

THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

IN THESE TERMS OF USE, "Treat Me Now GROUP" MEANS Treat Me Now AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, AND EACH VIRTUAL CARE PROVIDER AND PHARMACY YOU INTERACT WITH THROUGH THE PLATFORM, JOINTLY AND SEVERALLY.

19. Indemnity

YOU WILL INDEMNIFY AND HOLD HARMLESS Treat Me Now GROUP FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, COSTS, EXPENSES, CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES, AND OBLIGATIONS (INCLUDING DAMAGES, EXPENSES, AND COSTS), SETTLEMENT PAYMENTS, AND ATTORNEY'S FEES AND EXPENSES DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE PLATFORM OR THE PRODUCTS, SERVICES, OR CONTENT (INCLUDING GENERAL INFORMATION) AVAILABLE ON OR THROUGH THE PLATFORM OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE. YOU WILL NOT ENTER INTO ANY SETTLEMENT OR OTHER AGREEMENT ON BEHALF OF Treat Me Now GROUP, OR WHICH AFFECTS THE RIGHTS OR INTERESTS OF Treat Me Now GROUP, WITHOUT Treat Me Now'S EXPRESS PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN Treat Me Now'S DISCRETION.

20. Changes/Termination

Notwithstanding any other provision of these Terms of Use, Treat Me Now in its discretion may change, discontinue, modify, restrict, suspend, or terminate the Platform or any of the features or functionalities of the Platform at any time without any notice or liability to you or any other person.

Treat Me Now in its discretion and for its sole convenience may at any time immediately suspend or terminate your Account and your permission to access and use the Platform without any notice or liability to you or any other person.

These Terms of Use as they apply to you are effective unless and until terminated. You may terminate these Terms of Use as they apply to you by permanently ceasing to use the Platform and permanently closing your Account by emailing [email protected]. Treat Me Now may terminate these Terms of Use as they apply to you at any time either by giving a notice of termination to you or by denying you access to the Platform. The obligations and liabilities you incur prior to termination of these Terms of Use will survive termination. In addition, each of sections of these Terms of Use, and all other provisions necessary to the interpretation or enforcement of those sections, will survive the termination of these Terms of Use and continue to apply and be binding on you and Treat Me Now.

21. Governing Law

These Terms of Use and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

22. Quality and Complaints

If you are not satisfied with the Platform or the Virtual Care you receive through the Platform, or if you wish to raise a concern about the Platform, the Virtual Care you receive through the Platform, or any related matter, please do so as soon as possible by contacting Treat Me Now Customer Care through the Platform or by telephone 1-877-853-0312 or e-mail to [email protected]. All concerns regarding Virtual Care or a Virtual Care Provider may be shared with the relevant Virtual Care Provider or, where appropriate, the Virtual Care Provider's regulatory body. All concerns regarding a Pharmacy may be shared with the Pharmacy and, where appropriate, the Pharmacy's regulatory body.

Any dispute between you and a Virtual Care Provider or Pharmacy is solely between you and the Virtual Care Provider or Pharmacy (as applicable) and not with Treat Me Now. Treat Me Now is not obligated to resolve any dispute you might have with a Virtual Care Provider or Pharmacy or to provide you (or any other person) with a refund or any other form of compensation.

23. Dispute Resolution

23.1 Arbitration

Except as expressly set out in this section 23 and subject to section 23.3, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use, the Platform or any related matter (collectively "Disputes" and each a "Dispute") will be referred to and finally resolved by binding arbitration administered by the British Columbia International Commercial Arbitration Centre (the "BCICAC") in accordance with its applicable rules and these Terms of Use. There will be one (1) single arbitrator, and the arbitration will be private and confidential. The arbitration will be held at Vancouver, British Columbia and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement.

Notwithstanding the foregoing in this section 23.1, if the total amount of the award sought in an arbitration (not including legal fees and costs) is CDN$10,000 or less, then the arbitration will be subject to the BCICAC Shorter Rules of Procedure and, unless you and Treat Me Now expressly agree in writing otherwise: (i) the arbitration will be conducted solely based on written evidence (declarations or affidavits) and written arguments submitted by or on behalf of each of you and Treat Me Now; and (ii) there will be not be any in-person hearing (including any hearing by teleconference, videoconference, or web conference) of the parties, witnesses, or legal counsel.

Notwithstanding the foregoing in this section 23.1, this section 23.1 does not apply to a Dispute based on infringement, misappropriation or violation of intellectual property rights (including copyright and trademarks) or a breach by you of section 16 of these Terms of Use.

23.2 Court Litigation

If and to the extent that a Dispute is not subject to arbitration pursuant to section 23.1, then subject to section 23.3 the Dispute will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and you and Treat Me Now each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those Disputes.

23.3 Informal Dispute Resolution

Before you commence arbitration or litigation regarding a Dispute: (i) you will give written notice of the Dispute to Treat Me Now's Customer Care through the Platform or by email to [email protected] and allow Treat Me Now at least thirty (30) calendar days to investigate and attempt to resolve the Dispute; and (ii) on request by Treat Me Now during the thirty (30) calendar day period, you will participate in good faith discussions with Treat Me Now's authorized representative regarding the Dispute with a view to amicably resolving the dispute in a reasonable manner.

23.4 Temporary/Injunctive Relief

Notwithstanding that a Dispute is subject to arbitration under section 23.1: (i) you or Treat Me Now may commence litigation in the Supreme Court of British Columbia sitting in the City of Vancouver seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo, and you and Treat Me Now each hereby irrevocably submit and attorn to the non-exclusive jurisdiction of that court in respect of those matters; and (ii) Treat Me Now may commence litigation against you in the competent courts of any jurisdiction (including British Columbia) seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use.

23.5 NO JURY OR CLASS PROCEEDINGS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Treat Me Now EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY OR TO COMMENCE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION OR LITIGATION. ANY ARBITRATION OR LITIGATION REGARDING DISPUTES WILL BE BROUGHT BY YOU OR Treat Me Now IN AN INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING WAIVER MIGHT NOT APPLY TO YOU.

24. Other Matters

You and Treat Me Now are non-exclusive, independent contracting parties, and nothing in these Terms of Use or done pursuant to these Terms of Use will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and Treat Me Now. No consent or waiver by Treat Me Now to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Treat Me Now or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set out in these Terms of Use, Treat Me Now's rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Treat Me Now may be lawfully entitled under these Terms of Use or at law, and Treat Me Now will be entitled to pursue any and all of its rights and remedies concurrently, consecutively, and alternatively. The provisions of these Terms of Use will enure to the benefit of and be binding on you and Treat Me Now and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license, or grant these Terms of Use or your rights, duties, and obligations under these Terms of Use without Treat Me Now's express prior written consent, which consent may be withheld in Treat Me Now's discretion. Treat Me Now may, without your consent, assign these Terms of Use or any of Treat Me Now's rights, duties, or obligations under these Terms of Use.

These Terms of Use and the Other Terms and Conditions together set out the entire agreement between you and Treat Me Now regarding the subject matter of these Terms of Use and the Other Terms and Conditions, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms of Use and the Other Terms and Conditions. There are no representations, warranties, terms, conditions, undertakings, or collateral agreements, express, implied, or statutory, between you and Treat Me Now regarding the subject matter of these Terms of Use and the Other Terms and Conditions other than as expressly set out in these Terms of Use and the Other Terms and Conditions.

In these Terms of Use: (a) headings are for reference only and do not define, limit, or enlarge the scope or meaning of these Terms of Use or any of its provisions; (b) words importing the singular number only include the plural, and vice versa; (c) "discretion" means a person's sole, absolute, and unfettered discretion; (d) "including" and "includes" mean including or includes (as applicable) without limitation or restriction; (e) "law" includes common law, civil law, equity, statutes and regulations; and (f) "person" includes an individual (natural person) and a legal entity.

You and Treat Me Now have each expressly requested and required that these Terms of Use and the Other Terms and Conditions be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

25. Questions

If you have any questions regarding these Terms of Use, please contact Treat Me Now's Customer Care through the Platform or by mail, facsimile, telephone, or e-mail at: [email protected]

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE AND THE VIRTUAL CARE CONSENT FORM, YOU MAY NOT USE THE PLATFORM.

Revision July 4th 2024

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