Terms and conditions

TERMS AND CONDITIONS

IMPORTANT
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PLEASE READ CAREFULLY

These terms and conditions (the “Terms and Conditions”) constitute a valid legal contract between the user of the Application and Services Anipharm Inc. (“Anipharm”) and apply to your use of the Anipharm™ mobile application (the “Application”), including all content and services offered therein.
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BY CLICKING ON THE “TERMS AND CONDITIONS” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND AGREE TO BE BOUND BY THEM.
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YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU ARE DULY AUTHORIZED TO SUBSCRIBE TO THE TERMS AND CONDITIONS ON YOUR OWN BEHALF.

IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE APPLICATION IN ANY WAY.
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IMPORTANT - PRACTICE OF PHARMACY:

THE PHARMACEUTICAL SERVICES PRESENTED ON THIS APPLICATION ARE OFFERED EXCLUSIVELY BY THE PHARMACISTS OF MAËL ROBERT-LAMARRE PHARMACIEN INC. AFFILIATED WITH ANIPHARM. THEY OFFER THE RELATED SERVICES ONLY ON BEHALF OF MAËL ROBERT-LAMARRE PHARMACIEN INC.

1. General

Any reference to Anipharm shall be deemed to include its officers, shareholders, directors, employees, agents and other representatives as well as its affiliated companies and their respective officers, shareholders, directors, employees, agents and other representatives.

2. Pharmaceutical services and Application

The Application allows you to submit requests for pharmaceutical services for processing domestic pet prescriptions. All resulting pharmaceutical services will be performed by MAËL ROBERT-LAMARRE PHARMACIEN INC (the “Pharmacy”). The Pharmacy is independent of Anipharm, and the Pharmacy offers its services on the Application in its own name and for its own account.

The use of the Application does not establish a patient-pharmacist relationship between you and the Pharmacy. This relationship will be established when you voluntarily ask the Pharmacy to process a prescription and when you transmit the original prescription to the Pharmacy. The Pharmaceutical Services referred to on the Application (including advice provided by a healthcare professional employed by or affiliated with the Pharmacy) are offered and performed exclusively by the Pharmacy and are the object of an exclusive relationship between you and the Pharmacy.

Anipharm does not in any way offer or claim to offer pharmaceutical drugs or services. Anipharm, through its Application, only provides an exchange service to facilitate the relationship between you and the Pharmacy. Since your exclusive relationship with the Pharmacy may be subject to the terms and conditions of service of the Pharmacy in question, including its own privacy policy, it is important to request information regarding such from the Pharmacy.

In addition to these Terms and Conditions, the services provided by the services may be subject to the terms and conditions of service of the Pharmacy in question. Please contact the Pharmacy for further information.

3. Content of the Application and pharmaceutical services

IF YOUR PET HAS A MEDICAL EMERGENCY OF ANY KIND, PLEASE CONTACT A VETERINARIAN OR GO TO THE NEAREST VETERINARY CLINIC.

The content of the Application, any publication forming part thereof or any description of the products or medicines contained in the Application is provided for information purposes only.

Only a veterinarian, pharmacist or other healthcare professional can diagnose or treat a health problem. Therefore, you should always seek the advice of a healthcare professional, veterinarian or pharmacist.

You must carefully read and strictly follow all labels and instructions on the medication packaging.

Under no circumstances should you disregard the advice of a healthcare professional, veterinarian or pharmacist, or delay obtaining such advice because of content that may be available via the Application.

4. License

Subject to your compliance with the terms and conditions herein, Anipharm grants you a limited, non-exclusive, non-transferable, non-sublicensable, personal, revocable license to download, access and use the Application on an Application-enabled smartphone or tablet solely to order medication for your pet, for your pet's exclusive, non-commercial use, and for no other use.

Anipharm (or its licensors, as the case may be) retains all of its rights, including those not expressly provided for herein, and no right to license, use or otherwise acquire any intellectual property belonging to Anipharm (or its licensors) is granted to you in connection with the Application.

5. Restrictions

You agree not to, yourself and not to allow others, directly or indirectly to:

• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Application;
• modify, translate or create derivative works from or based on the Application;
• copy or use the Application for purposes other than those authorized in Article 4;
• order medication for an animal via the Application for resale;
• order medication for any purpose other than for the exclusive use of your pet;
• delete, remove, erase, modify or obscure any proprietary notices, trademarks, logos, copyrights, legends, symbols of Anipharm or its licensors, appearing in the Application;
• use the Application for any purpose for which it is not designed or intended;
• publish, resell, distribute, transmit, communicate, transfer, pledge, rent, share or sublicense the Application;
• use the Application in a manner that violates the legal rights of any third party, that is unlawful and that violates any law or regulation applicable to your use of the Application or any provision of these Terms and Conditions or the usage policies published from time to time by Anipharm.

ANIPHARM SHALL HAVE THE RIGHT TO REFUSE, SUSPEND AND/OR TERMINATE YOUR ACCESS TO THE APPLICATION AT ANY TIME AND IN ITS SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF ANY VIOLATION BY YOU OF THESE TERMS AND CONDITIONS OR ANY APPLICABLE PUBLISHED POLICIES OF ANIPHARM, ALL WITHOUT NOTICE OR DELAY.

6. Protection of your personal information

By using the Application, Anipharm may collect information about you and your use of the Application.

You agree that any personal information as defined in Anipharm's Privacy Policy (“Policy”) and communicated through the Application will be used in accordance with the Policy, which is incorporated herein by reference with the necessary modifications. The personal information will only be used for the purposes described in the Policy or for any other purpose authorized by a law of the Province of Quebec or a Canadian law applicable in that Province.

Without limiting the generality of the foregoing, you recognize that by using the Application and transmitting requests for services via the Application, your personal information necessary to render pharmaceutical services will be disclosed and communicated to the Pharmacy, including its authorized employees and officers.

7. Intellectual property

You agree and recognize that all of the following elements are the exclusive property of Anipharm (or its licensors): content, images, logos, trade names, rights, titles and interests related to trademarks, registered or unregistered, data, graphics, interfaces and any other elements incorporated into or published on the Application, including the manner in which the elements are presented.

It is strictly forbidden, without the prior written consent of Anipharm, to reproduce, copy, publish, transmit, communicate or use in any way whatsoever the material, information and/or trademarks displayed on the Application.

8. Application platform

The Application is only available on iPhone® mobile devices.

You acknowledge and agree that the availability of the Application depends on the platform provided by a third party, for example, the “Apple Store” for the iPhone, through which you access the Application.

You are responsible for obtaining and maintaining all equipment, devices, Wi-Fi and internet connections, third-party software, updates and related services and accessories necessary to connect to, access or otherwise use the Application and you are responsible for all costs associated with such uses and compliance with agreements relating to such use. Anipharm makes no warranty as to the availability or compatibility of the Application with all smart phones and tablets, Wi-Fi routers and internet connections.

9. Additional rules of use, rights and responsibilities specific to your mobile device

Without limiting the generality of the foregoing, your use of the Application with any Apple® mobile device is subject to the rules of use established by Apple Inc. including the terms set forth in the App Store Terms and Conditions of Use available on their website.

10. Account and password management

You are responsible for protecting and maintaining the confidentiality of your account information (including your password). You are also responsible for all use of your account, whether or not authorized by you.

You have an obligation to provide information that is complete, accurate and current. Anipharm and its service providers will rely on the information provided by you and as such, you will be responsible for any loss and/or damage that Anipharm and its service providers suffer as a result of the use of inaccurate or incomplete information provided by you.

11. Limitation of warranty

The Application and all its content are provided to you “as is” without representations or warranties of any kind, express or implied, under applicable laws of otherwise. This exclusion does not apply where the law does not allow the exclusion of implied warranties. To the extent permitted by law, Anipharm makes no representations or warranties regarding (a) absence of errors, completeness or timeliness; (b) availability; (c) ability to meet your expectations; and (d) security, reliability, absence of defects, viruses or other harmful content. You remain responsible for all risk arising from the use of the Application and expressly release Anipharm from any damages arising from the use of the Application or from downloading or accessing any information or materials through the Application.

12. Limitation of liability

To the extent permitted by law, Anipharm, its shareholders, officers, directors, employees, licensors, suppliers, representatives and agents (collectively the “Anipharm Representatives”) shall not be liable for (a) any errors or omissions in the content available on the Application and (b) any damages, direct, indirect, incidental, special, punitive or exemplary damages for loss or injury of any kind, including, without limitation, damage to your mobile device resulting from your access to or use of the Application and any loss of data. In the event that any Anipharm Representative is found liable by a court of law for any damages suffered, such liability shall in no event exceed $250 CAD.

13. Compensation

You agree to indemnify, defend and to keep Anipharm Representatives harmless from and against any and all claims, damages, losses, liabilities and expenses (including reasonable attorneys' fees) relating to any claim or action arising out of your use of the Application or your violation of these Terms and Conditions.

14. Force majeure

Anipharm shall not be held responsible for any damages resulting directly or indirectly from force majeure and/or causes beyond its control, including, but not limited to, internet failures, telephone or tablet failures, equipment failure, power failure, strikes, litigation, riots, rebellion, pandemic, civil disturbances, shortage of labor or materials, fires, floods, hurricanes, explosions, acts of God, cyberattack, war, governmental action, domestic or foreign court orders, third party default, or loss, interruption and/or fluctuation of service and/or use of your connected products in connection with the application whether or not such events have been decreed as such by a competent authority.

15. External links

The Application may contain hyperlinks or other methods to other sites operated by third parties. These links are provided for reference purposes only. Anipharm has no control over the content or performance of these external sites. Anipharm does not warrant or assume and is not responsible for any such external sites, the products or services you obtain from such external sites, the material or content therein, or any association with their operators. When you click on a link, you must refer to their terms of use and privacy policy.

16. Applicable law and jurisdiction

These Terms and Conditions are deemed to have been concluded in the Province of Quebec, Canada. These Terms and Conditions shall be governed by the laws applicable in the Province of Quebec, Canada, without regard to principles of conflict of laws.

The parties agree and recognize the exclusive jurisdiction of the courts of the judicial district of Montreal, Province of Quebec, Canada, for the purpose of settling any dispute relating to these Terms and Conditions and elect domicile in the judicial district of Montreal, Province of Quebec, Canada.

17. Assignment

You may not assign any of your rights and/or obligations under these Terms and Conditions without Anipharm's prior written consent. Anipharm may assign any or all of its rights and obligations under these Terms and Conditions, in whole or in part, at its sole discretion without prior notice or delay.

18. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions remain in full force and effect. The invalidity or unenforceability of any provision of these Terms and Conditions will in no way affect the other provisions.

19. Survival of provisions

All provisions of these terms and conditions which by their nature are intended to survive termination, including, without limitation, restrictions, obligations of confidentiality, indemnification obligations, limitations of warranties and liability, shall survive and remain enforceable after termination of these terms and conditions.

20. Waiver

Any delay or waiver of any provision of these Terms and Conditions shall not constitute a waiver of any other provision and no waiver shall be effective unless in writing and signed by an authorized representative of Anipharm.

21. Entire agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to the use of the Application and the subject matter of these Terms and Conditions.

22. Cancellation

Anipharm reserves the right, at its sole discretion, to limit, prevent or withdraw access to the Application to any person, at any time, for any reason whatsoever, including as a result of a violation of these Terms and Conditions.

List of versions and changes

Version Effective as of:
1.0 September 18, 2024