1. ACCEPTANCE OF TERMS
These Terms of Service (“Terms”) constitute an agreement between MEDFAR
International Inc. doing business as MEDFAR Clinical Solutions (“MEDFAR” or “we” or
“us”) and any user (a “User” or “Users” or “you”) who uses or accesses the website,
services, products and content of the “MYLE Health” application, now and in the future
for yourself or for the benefit of others. The Services (as defined below) are provided
solely for the personal use of our Users, and for no other purpose.
Your use of MYLE Health and the Services is subject to and conditioned upon your
compliance with the provisions contained in these Terms and applicable laws and
regulations. If you do not agree to all of the provisions contained in these Terms, you are
not authorized to use the Services. MEDFAR reserves the right to update and modify the
Services and these Terms at any time. Any use of the Services after such updates and
changes signifies your acceptance of them. You can always review the most current
version of the Terms and our Privacy Policy by clicking on the “Terms of Service” and
“Privacy Policy” links located at the bottom of our web pages.
2. SERVICES
MYLE Health allows Users to coordinate with their pharmacy of choice (hereinafter
“Pharmacy of Choice”) the dispensing of prescriptions sent to them. MYLE Health also
allows the Pharmacy of Choice to communicate with Users certain information relevant
to the dispensing of their prescriptions (together, hereinafter referred to as the
“Services”). The Services are intended for Users. During the use of the Services,
MEDFAR shall in no event be liable for any information found in Your Content or Your
Medical Summary defined hereinafter in paragraphs 10 and 11 respectively.
3. YOUR USE OF THE SERVICES
If you use the Services on behalf of someone other than yourself and provide MEDFAR
with personal information about such other individual, you declare that you have all
necessary authority or have obtained all necessary consents from such individual to
allow us to collect, use and disclose such personal information for the purposes set forth
in these Terms.
4. PHARMACY OF CHOICE
The User’s Pharmacy of Choice is defined as the pharmacy entered as the preferred
pharmacy in the Clinic’s file, or as the pharmacy selected when a prescription is sent by
the Clinic. To change his Pharmacy of Choice, the User must contact his Clinic.
5. ELIGIBILITY
By using the Services, you represent and warrant that (a) all information you submit via
MYLE Health is true and accurate; (b) you will at all times comply with these Terms; (c)
your use of the Services does not violate any applicable law or regulation; (d) you are
fully and legally authorized to act, if acting for another person.
6. DURATION
These Terms shall remain in full force and effect at all times during your use of the
Services. These Terms will remain in effect even after the Services have been provided.
7. PRICE
MYLE Health is offered to you free of charge under an agreement between Pharmacy of
Choice and MEDFAR. No fees are charged to the User by MEDFAR for submitting an
order.
You may, however, be charged for services received from your Pharmacy of Choice,
which remain at the Pharmacy of Choice’s discretion, or for Third-Party Services, for
which MEDFAR cannot be held responsible.
8. INTELLECTUAL PROPERTY
All intellectual property relating to MEDFAR (whether registered or not, indexed or not
and by whatever method) or associated with (a) patents and patent applications,
inventions, industrial designs and models, discoveries, business methods and
processes; (b) copyrights and copyright registrations, and moral rights; (c) protection of
trade secrets, industrial secrets and confidential information; (d) other proprietary rights
relating to intellectual property; (e) trademarks, trade names and service marks; (f) rights
similar to those set forth above; and (g) divisions, continuations, continuations in part,
renewals, reissues and extensions of the foregoing (if any) belong exclusively to
MEDFAR or its licensors, if any.
9. LICENSE
During the Term, and conditioned upon compliance with these Terms, MEDFAR grants
to User a limited, non-exclusive, non-transferable, revocable, and non-sublicensable
license to use MYLE Health in a non-commercial manner, for the sole purpose of
benefiting from the Services under the terms and conditions set forth in these Terms.
User agrees that all right, title and interest in and to all intellectual property rights in the
Services and all modifications, extensions, scripts and other derivative works of the
Services provided or developed by MEDFAR are the exclusive property of MEDFAR or
its licensors. All rights not granted to User under these Terms shall remain exclusive to
MEDFAR.
10. YOUR CONTENT
The Services may allow you to submit content, including personal information that you
choose to provide (together, “Content”). You retain ownership of your Content, but by
entering it on MYLE Health, you grant us a license to use, adapt, transmit and display
such Content to your Pharmacy of Choice for the purposes of (i) providing you with the
Services and related support and (ii) analyzing and improving the operation of the
Services. We reserve the right to remove Content on any software, program or platform
provided as part of the Services that MEDFAR , in its sole discretion, believes violates
the provisions hereof or may otherwise be objectionable.
Any feedback or suggestions sent or shared by the User with MEDFAR to improve the
Services may be implemented by MEDFAR in any manner, including, but not limited to,
future improvements and modifications to the Services. In such an event, User grants
MEDFAR a royalty-free right to use such comments or suggestions for any purpose
without any obligation or compensation to User or any third party. In addition, MEDFAR
shall be free to reuse all general knowledge, experience, know-how, works and
technologies, including ideas, concepts, processes and techniques, related to or
acquired during the provision of the Services.
11. YOUR MEDICAL SUMMARY
The Services may allow you to send, on a voluntary basis and upon your confirmation, a
copy of your medical summary to your Pharmacy of Choice. Your medical summary is
your portion of your health record, made up of information collected by your clinic and
available at the time it is sent. Your medical summary may include the following personal
information:
● Your medical conditions
● Your vital signs (weight, blood pressure, etc.)
● Your medical, surgical, psychiatric, family and obstetrical history
● Your social habits (smoker/non-smoker, breastfeeding, etc.)
● Your preventive follow-ups
● Your vaccination record
● Your prescribed medications
● Your obstetrical record (pregnancies), when applicable
● Your allergies, intolerances and adverse reactions
● Any other medical information included in your summary by your clinic
If you consent to the sharing of your medical summary, you agree that the above
information, as saved in the Clinic’s MYLE electronic medical record at the time of
sending, will be sent directly from the Clinic to the Pharmacy of Choice.
12. DEVICE
Related to your use of the Services, you may receive notifications, text messages, alerts,
emails and other electronic communications (“Messages”). You agree to receive such
Messages and will be responsible for any applicable charges arising from your
messaging system. MEDFAR will only contact you to provide you with relevant
information regarding your orders. To unsubscribe at any time, text the word STOP or
ARRET to the number from which you received the link to MYLE Health, or contact your
Clinic.
Use of all MYLE Health features and Services is dependent upon your use of a mobile
device, tablet or personal computer with a compatible and up-to-date operating system
and Internet access. The maintenance and security of such equipment may affect the
performance of the Services and it is your sole responsibility to ensure the functionality
and security of the equipment.
13. RESTRICTIONS
The User shall not: (i) decompile, disassemble or otherwise reverse engineer or attempt
to reconstruct or discover any source code, underlying ideas, algorithms, file formats or
programming or interoperability interfaces of or used by the Services by any means
whatsoever; (ii) distribute viruses or any other harmful or malicious computer code via or
in the Services; (iii) engage in any conduct that disrupts or inhibits any third party’s use
and enjoyment of the Services ; (iv) remove product identification, copyright or other
notices from the Services; (v) sell, rent, lease, loan, assign, license, grant access to or
otherwise transfer or disclose the Services, in whole or in part, to any third party; (vi) use
unauthorized modified versions of the Services, including, without limitation, for the
purpose of preparing a similar or competitive product or service or for the purpose of
obtaining unauthorized access to the Services; (vii) use the Services in a manner that
violates applicable local, federal/provincial and foreign laws, including, but not limited to,
those relating to privacy, electronic communications and anti-spam legislation; (viii)
market, sell, assign, license, sublicense or otherwise transfer the license granted by
MEDFAR; (ix) attack, disable or circumvent any protective mechanism related to MYLE
Health or the Services; (x) harass, abuse or threaten others or otherwise violate the
rights of any person; (xi) infringe the intellectual property of MEDFAR or any other third
party; (xii) interfere with other users, agents, services or equipment related to the
Services; (xiii) introduce into MYLE Health any information or data for which you do not
have the necessary consents or authorizations; (xiv) publish or distribute obscene or
defamatory material; (xv) publish or distribute any material that incites violence, hatred,
or discrimination of any person or group whatsoever; (xvi) unlawfully collect information
about others; (xvii) engage in illegal spamming activities, including collecting email
addresses and information from others and sending mass commercial emails; (xviii)
violate the security of the Services through any unauthorized access, circumvention of
encryption or other security tools, data mining or interference with any host, user or
network.
If we find that your use of the Services does not comply with the above, we may pursue
any recourse available to us under these Terms or at law.
14. INTERRUPTION AND SUSPENSION
We may need to interrupt your access to MYLE Health in order to carry out unplanned
maintenance or emergency work. You agree that your access to the Services may be
affected for any reason by unplanned or unanticipated downtime and that we will not be
liable for any damages or losses arising from such unavailability. We may modify or
discontinue, temporarily or permanently, any MEDFAR feature, component or Content at
any time without notice. MEDFAR shall not be liable for any damages resulting from
such modifications or temporary interruptions.
15. THIRD-PARTY SERVICES
Use of the Services may, from time to time, require you to use and have access to
services or links from third party websites (collectively, the “Third-Party Services”),
including, by way of example, the geographic location and telephone number of your
Pharmacy of Choice. These Third-Party Services are provided for convenience only and
access to or use of these Third-Party Services is solely between you and the applicable
Third-Party Service Provider (“Third-Party Provider”). Any use you make of Third-Party
Services offered through the Services or MYLE Health is entirely at your convenience, is
your sole responsibility, and you are responsible for reading the terms and conditions
and/or privacy policies applicable to such Third-Party Services, if any, before using
them. In no event will MEDFAR be liable for any direct, indirect, incidental, special,
consequential, punitive, extraordinary, exemplary or other damages arising out of any
Third-Party Service or your contractual relationship with a Third-Party Provider.
16. NO WARRANTY
MEDFAR WORKS TO PROTECT THE SERVICES AND KEEP THEM ERROR-FREE,
BUT USER AGREES TO USE THE SERVICES AT USER’S OWN RISK. MEDFAR
PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS,
IMPLIED OR STATUTORY REPRESENTATIONS OR WARRANTIES NOT
EXPRESSLY SET FORTH IN THESE TERMS, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. FURTHER, NEITHER MEDFAR NOR ANY OF ITS
AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY
CONTENT PROVIDERS OR LICENSORS MAKE ANY REPRESENTATION OR
WARRANTY REGARDING THE RELIABILITY, SUITABILITY, QUALITY, ADEQUACY
OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR PRODUCTS
REQUESTED THROUGH THE USE OF THE SERVICES OR THAT THE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE. IN THIS REGARD, YOU
ACKNOWLEDGE THAT THE SERVICES ARE DEPENDENT UPON INFORMATION
CONTAINED IN YOUR CLINIC’S ELECTRONIC MEDICAL RECORD OVER WHICH
MEDFAR HAS NO CONTROL.
17. DISCLAIMER OF LIABILITY
IN NO EVENT SHALL MEDFAR OR ITS RESPECTIVE SUPPLIERS OR AFFILIATES
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES BY THE
USER, EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS
NEGLIGENCE.
During the use of the Services, MEDFAR is in no way responsible for any information
contained in the list of prescribed medications, the medical summary, as well as the
content that you transmit to your Pharmacy of Choice via MYLE Health, such information
being provided by you or by the Clinic.
18. PREPARATION OF THE ORDER
The User acknowledges that MEDFAR undertakes to transmit the information provided
via MYLE Health by the User to Pharmacy of Choice. MEDFAR is not responsible for the
analysis or use of this information by the Pharmacy of Choice. If you have any questions
about your order, please contact your Pharmacy of Choice. In case of a medical
emergency, please dial 911 or go to a hospital immediately.
19. DAMAGES
User agrees to defend, indemnify and hold harmless MEDFAR, its affiliates and their
respective directors, officers, employees and agents from and against any and all claims
and expenses, including, but not limited to, attorneys’ fees (collectively the “Expenses”),
to the extent such Expenses are attributable to any breach by User of any
representation, warranty or other obligation set forth in these Terms or arising out of
User’s use of the Services.
20. CONFIDENTIALITY
Telecommunications are subject to interception, loss or alteration. Accordingly, you
acknowledge that material provided by you over any communication network by virtue of
your access to or use of the Services is not confidential or proprietary, except to the
extent required by applicable law and the fact that unprotected email communication
over the Internet is subject to possible interception, alteration or loss.
21. NO WAIVER
MEDFAR’s failure to insist upon full performance of any covenant described in these
Terms or to exercise any of the rights granted herein shall not be deemed a waiver of
such right or of the full performance of such covenant in the future. Unless otherwise
provided, any waiver by MEDFAR of any of the rights shall be effective only if
documented in writing by an authorized representative and such waiver shall apply only
to the rights and circumstances expressly set forth in the waiver.
22. DIVISIBILITY, FORCE MAJEURE, ENTIRE AGREEMENT, AND HEADINGS
If one or more of the provisions of these Terms are found to be invalid, illegal, or
unenforceable in any respect by a competent court, the validity, legality, and
enforceability of the remaining provisions of these Terms shall not be affected. Neither
party shall be deemed to be in breach of its obligations or liable for any delay or failure to
perform under these Terms (other than payment obligations) due to an event of force
majeure, fire, natural disaster, accident, governmental action, or shortage of materials or
supplies, absence of transportation or communication, or shortage of goods or service
providers, or any other cause to the extent that it is beyond the reasonable control of that
party. These Terms constitute the entire agreement between the parties concerning the
subject matter hereof and supersede all prior written, electronic, or oral communications,
statements, agreements, or understandings between the parties with respect thereto.
The headings in these Terms are included solely for convenience and shall not in any
way affect the meaning or scope of the provisions.
23. REPRESENTATIONS AND WARRANTIES
The User represents and warrants that at present, and throughout its use of the
Services, (i) the User is fully authorized to enter into these Terms and is fully authorized
to use the Services, (ii) the User complies and will continue to comply with all applicable
laws and regulations with respect to its activities related to these Terms, including, but
not limited to, laws relating to privacy protection; and (iii) if User provides information in
any software, program or platform provided as part of the Services, User warrants that
such information is properly gathered and complies with all laws. and applicable
regulations. The User and each of its users agree to comply with all MEDFAR policies
and all laws, rules and regulations relating to the use of the Services. Any violation of
this section may result in loss of functionality for User, including termination of User’s
account. The User will compensate MEDFAR for all costs, penalties or damages
incurred by MEDFAR following the User’s non-compliance with this article.
24. APPLICABLE LAW
These Terms shall be construed in accordance with the laws applicable in the province
of Quebec, as well as the applicable federal laws of Canada, without regard to its conflict
of law rules. The User undertakes that any dispute or conflict arising from or resulting
from these Conditions will be settled exclusively by arbitration in Montreal (Canada), in
accordance with the Code of Civil Procedure of the Province of Quebec (CQLR c C-
25.01).
