Terms and Conditions

Updated: May 2024

Please read these termsand conditions of use carefully before using our service and related applicationand website.

These terms andconditions apply to your use of AlertRx’ client application (the App) andcloud-hosted rules engine (the backend) and the website located at www.alertrx.ca (the site). The App, the engine and the Site are referredto together as the “Service”. This policy sets out our commitments and explainsthe rights that you have with respect to your personal information. If you donot agree to the terms of this terms and conditions, please do not use the app.References to “AlertRx”, "COMPANY," “we,” or “us” refer to AlertRx (businessname) and eHealth Access Inc. (corporation name).

Intended Users

The service is availableonly to users who are eligible to operate pharmacies according to local(municipal & provisional) and federal laws, including but not limited toage restrictions. Under no circumstance should the service be used by childrenunder 18 years of age, and we will not knowingly allow any person we know to bein this age group to use our services.

If you choose to shareyour account information with a pharmacy employee (assistant, technician, orany other eligible employee) or allow them to use AlertRx services on yourbehalf, you are responsible for all actions performed by the pharmacy employee boundby these terms. AlertRx will assume all actions are performed by you or on yourbehalf by an authorized individual.

You may not provideaccess to or use the Service for the benefit of third parties or makecommercial use of the Service or related content, but you make use of the Servicefor your personal use subject to this Agreement. Use of and access to theService for your personal use subject to this Agreement, Use of and access tothe Service is void where prohibited. By accessing and using the Service, youshall ensure that a) any and all registration information you submit istruthful and accurate; b) you will maintain the accuracy of such information;c) your use of the Service will comply with and does not violate any applicablelaw, regulation, order or guideline and (d) you consent to receiving messagesand promotional material offering in-Service purchases.

Modifications of this Agreement

We reserve the right toupdate or modify this Agreement partially or in full at any time. By continuingto use the Service after any such changes, you agree to follow and be bound bythis Agreement as changed. For these reasons, we encourage you to periodicallyreview this Agreement. We reserve the right to update the monthly fees at anytime, by continuing to use the Service after any such changes, you agree tothis Agreement as changed.

Disclaimers

Your use of any aspectof the Service is at your own risk. The pharmacy owner, pharmacist, pharmacyassistant, technician, or other pharmacy employee is responsible for doing theproper due diligence as expected by the applicable law, regulation, order, orguideline. The service provided by AlertRx is a recommended course of actionand shall not be considered a compulsory course of action; user discretion isexpected.

Every effort was made toinclude updated provincial drug plan rules and regulations, but AlertRx doesnot guarantee full coverage at any time.

AlertRx shall not beresponsible for the security of your data, including your personal information,and you shall bear all responsibility for any breach, illegal access, lossand/or corruption of such data.

AlertRx is not providingmedical advice of any kind, and the alerts should not be used to diagnose,treat, cure, or prevent any disease or ailment. AlertRx is only able to suggestbilling- related corrections.

We cannot accept any liabilitywhatsoever in respect of any actions done by pharmacy staff in response to thesuggested course of action recommended by AlertRx. Alerts provided by AlertRxare taken at your sole risk. You should always check any information providedin accordance with the governing regulations.

We will investigatesuspected violations of this Agreement or illegal and inappropriate behaviourthrough the Service. Please note that we will fully cooperate with any lawenforcement investigation or court order ordering us or directing us todisclose the identity, behaviour, or activities of anyone believed to haveviolated this Agreement or to have engaged in illegal behaviour.

You may requesttermination of your account at any time and for any reason. Any suspension ortermination of your account shall not affect your obligations to us under thisAgreement (including but not limited to ownership and limitation of liability),including all those obligations, which by their sense and context are intendedto survive the suspension or termination of your account.

This Terms andConditions becomes effective once you allow the installation of AlertRx serviceon your computer.

Technology Support

We do not warrant orguarantee that the Service will function with your computing device or becompatible with the hardware or software on any devices. We cannot guaranteethat the app will be error free, timely or secure. Information will betransmitted over a medium that will be beyond our control and jurisdiction;multiple factors, including network availability, may affect alert ornotification delivery or otherwise interfere with the operation of the Service.

Without limiting theforegoing, we, our licensors, and our suppliers make no representations orwarranties about (1) the availability, accuracy, reliability, completeness,quality, performance, suitability or timeliness of Service, Content, includingsoftware, text, graphics, links or communications provided on or through theuse of the Service; or (2) the satisfaction of any government regulationsrequiring disclosure of information on prescription drug products or theapproval or compliance of any software tools with regard to the Service.

We have no obligation toprovide technical support or maintenance for the Service.

Although we takereasonable measures to keep the Service free of viruses, worms, Trojan horses,or other code that contain destructive properties, we do not warrant orguarantee that files available for downloading through the Service will be freeof such contaminations.

User’s Responsibilities:

If you submit anyinformation to us through or related to the Service or send us any businessinformation, feedback, idea concept or invention to us by e-mail, you shallensure that such information is not confidential and that you have allnecessary permission to submit or otherwise make available such information.

You further agree that:

· You will not reproduce,duplicate, copy, sell, resell, or exploit the Service, its Content, its software,or any portion of any of the foregoing.

· You will not use theService for any purpose in violation of local, provincial, national, orinternational laws.

· You will not solicitanother person’s password or personal information under false pretenses.

· You will not impersonateanother person or entity or otherwise misrepresent your affiliation with aperson or entity and/or use or access another user’s account or passwordwithout permission.

· You will not violate thelegal rights of others, including defaming, abusing, stalking or threatening users.

· You will not infringe onthe intellectual property rights, privacy rights, or moral rights of any third party.

· You will not post ortransmit any Content that is (or you reasonably believe or should reasonablybelieve to be) illegal, fraudulent, or unauthorized, or furthers such activity,or that involves (or you reasonably believe or should reasonably believe to involve)any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material.

· You will not publishfalsehoods or misrepresentations, including with respect to any medical orhealth information; and

· You will not post ortransmit any Content that is (reasonably should be understood to be) libelous,defamatory, obscene, offensive (including material promoting or glorifyinghate, violence, or bigotry otherwise inappropriate to the community ethos ofthe Service)

You agree not tointerfere or attempt to interfere with the proper working of the Service or todisrupt the operations or violate the security of the Service. Violations ofsystem or network operation or security may result in civil or criminalliability. We will investigate possible occurrences of such violations, and wemay involve and cooperate with law enforcement authorities in prosecutinganyone involved with such violations. You agree to comply with all userresponsibilities and obligations as stated in this Agreement. Non-enforcementor our failure to act with respect to a breach by you or others of thisAgreement does not constitute consent or waiver, and we reserve the right toenforce such term at our sole discretion. No waiver of any breach or defaulthereunder shall be deemed to be a waiver of any preceding or subsequent breachor default. Nothing contained in this agreement shall be construed to limit theactions or remedies available to use with respect to any prohibited activity orconduct.

NO LIABILITY

In no event will AlertRx,be held accountable for any incidents resulting from the use of service,including but not limited to direct, indirect, punitive, and consequentialdagames arising out of the use or inability to use of service

In no event will AlertRxbe liable to you in any manner whatsoever for any design made or actions ornon-action taken by you in reliance upon the content provided through theservice.

License Grant:

We hereby grant to you alimited, non-exclusive, non-assignable, non-sublicensable license to access anduse our Service, subject to the terms and conditions of this Agreement. Thislicense is only for your personal and non-commercial use and only for the termof this Agreement. To the extent not limited or unrestricted under anyapplicable law or regulation, you are granted permission to use one copy of theApp for use only on each computing device that you own or control for a singlepharmacy. You may not distribute or make the App available for use by others.Under this license, except as and only to the extent any of the followingrestriction are prohibited by applicable law or any of the restrictedactivities are permitted by the licensing terms of any open-sourced componentsincorporated into the App, you may not:

· Lend, rent, lease, sell,redistribute, assign, sublicense or otherwise transfer the App or the right touse the App.

· Copy, decompile, reverseengineer, disassemble, attempt to derive the source code of the App, any Appupdates, or part of the App or updates, or attempt to do any of the foregoing.

· Copy, modify or createderivative works of the Service or app

· Remove any copyright orother proprietary notices from the App, documentation, part of the App or fromthe Site.

· Transfer the Content ormaterial from the App or Site to anyone else or “mirror” the same on any server.

· Circumvent, disable, orotherwise interfere with security-related features of the Service or featuresthat prevent or restrict

· Use or copying of any content.

· Use any robot, spider,site search or retrieval Service, or any other manual or automatic device orprocess to retrieve, index.

· Data-mine, or in any wayreproduce or circumvent the navigational structure or presentation of the Service.

· Harvest, collect or mineinformation about other users of Service.

· Post or transmit anyvirus, worm, Trojan horse or other harmful or disruptive element; or

· Violate any applicablelaw, rule, or regulation

If you violate any ofthese restrictions, this license will automatically terminate, and you may besubject to prosecution and damages.

Ownership:

AlertRx and itslicensors own the Site, Documentation and App, including any material orContent made available through the Service, including our proprietaryalgorithm, and all worldwide intellectual property rights in the foregoing.Except as expressly permitted herein, you may not copy, further develop,reproduce, republish, modify, alter download, post, broadcast, transmit orotherwise use any material made available in the Service. You will not remove, alter,or conceal any copyright, trademark, service mark or other proprietary rightsnotices incorporated in the Service. All trademarks are trademarks orregistered trademarks of their respective owners. Nothing in this Agreementgrants you any right to use any trademark, service mark, logo, or trade name ofours or any third party. AlertRx reserves the right to integrate andcollaborate with other third parties in the medical, pharmaceutical, or healthtechnology field without notice. AlertRx may analyze geographic, demographic,or medical data to determine efficiency patterns and optimizations.

Infringement:

We accept noresponsibility or liability for any material provided or posted by a user, athis solely discretion. We will make a reasonable effort to monitor and moderatethe content posted by users for any obvious illegal content. If you believethat something appearing on or about the Service infringes your copyright, youmay send us notice requesting that it be removed, or access to it blocked. Wesuggest that you consult your legal advisor before filing a notice orcounter-notice. Be aware that there can be substantial penalties for falseclaims. It is our policy to terminate the accounts of repeat infringers inappropriate circumstances. Send notices and counter-notices to info@alertrx.ca.

Termination:

This Agreement iseffective until termination by either you or us. You may terminate thisAgreement at any time, provided that you discontinue any further use of theService; you must contact us to stop the monthly charges, starting from thecharge happening after the termination of the mutual agreement. If you violatethis Agreement, our permission to you to use the Service automaticallyterminates. We may, in our sole discretion, terminate this Agreement and youraccess to any or all the Service, at any time and for any reason, afternotifying you, without penalty or liability to you or any third party. In theevent of your breach of this Agreement, these actions are in addition to andnot in lieu or limitation of any other right or remedy that may be available tous. Upon termination of the Agreement by either you or us, you must promptlyuninstall the App on all your devices and destroy all materials downloaded orotherwise obtained from the Service, all Documentation, and all copies of suchmaterials and Documentation. The following provisions survive the expiration ortermination of this Agreement for any reason whatsoever: Disclaimers,Ownership, Limitations on Liability, Choice of Law and Forum, Entire Agreementand Severability.

Choice of Law and Forum:

This Agreement shall begoverned in all respects under the laws of the province of Ontario, exclusiveof its choice of law or conflict of law provisions. In any claim or action byyou directly or indirectly arising under this Agreement or related to the Service,you irrevocably agree to submit to the exclusive jurisdiction of the courtslocated in Ontario, Canada.

Entire Agreement:

This Agreementconstitutes the entire agreement between you pertaining to the subject matterhereof. Anything contained in or delivered through the Service that isinconsistent with or conflicts with the terms of the Agreement is superseded bythe terms of this Agreement. This Agreement may not be modified, in whole or inpart, except as described elsewhere in this Agreement. This agreement may besuperseded by any terms by AlertRx.

Severability:

If any of the provisionsof this Agreement are held to be not enforceable by a court or other tribunalof competent jurisdiction, then such provisions shall be amended, limited, oreliminated to the minimum extent necessary so that the Agreement shallotherwise remain in full force and effect.

Assignability:

You agree that thisAgreement and all incorporated agreement between you and us may be assigned byus, in our sole discretion to any third party.

Contact Information:

All notices to yourelating to this Agreement shall be posted on the Service or sent to you at thee-mail or physical address, if any, that you provided to us. All notices to usrelating to this Agreement may be made either by e-mail to info@alertrx.ca orin writing and sent to the following: Attention: AlertRx, 5176 Symphony Court,Mississauga, L5M0Z6

Notice shall be deemedgiven when notice is posted on the Service or when the e-mail is sent, unlessthe sending party is notified that the e-mail address is invalid.

Last updated May 2024

Have a question? Not sure exactly what we’re looking for orjust want clarification? We’d be happy to chat with you and clear things up foryou. Anytime! info@alertRx.ca

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