This Agreement contains legal obligations between you and STI Technologies Limited (“STI”). As you read this Agreement, you must also access and read the other pages and websites referred to in this agreement as they may contain additional legal obligations that apply to you.
IN EXCHANGE FOR STI PROVIDING THE SERVICE, AS DEFINED BELOW, TO YOU AND FOR STI GRANTING PERMISSION TO YOU TO LOGIN AND ACCESS THE SERVICE, YOU EXPRESSLY CONSENT TO THE COLLECTION, USE, RETENTION, AND DISCLOSURE OF YOUR PERSONAL INFORMATION FOR THE PURPOSES DESCRIBED IN THIS AGREEMENT AND YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT REGULATING THE USE OF THE SERVICE. YOUR CONTINUED ACCESS TO AND USE OF THE SERVICE CONSTITUTES YOUR CONTINUED ACCEPTANCE OF, AND AGREEMENT TO BE LEGALLY BOUND BY, THIS AGREEMENT, AS IT MAY BE REVISED. IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION OR DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE PROHIBITED FROM LOGGING IN AND RECEIVING OR USING THE SERVICE.
- 1. Description of the Service
In this Agreement, the “Service” means those benefits offered exclusively through the innoviCares websites and related apps (the “Properties”) to users that register as a member of innoviCares. Those benefits include, but are not limited to, tracking pharmacy claims history, managing adherence, access to financial patient assistance programs offered by various third parties, and the option to receive electronic news and other communications with respect to innoviCares. STI owns the Service. STI may add, remove, or change any part of the Service without giving you any notice.
- 2. The Service and Your innoviCares Patient Benefit Card
If you have already received an innoviCares patient benefit card prior to registering for the Service, you will associate that card with your user name as part of the registration process. Otherwise, you will receive an innoviCares patient benefit card as part of the registration process. You agree that you will have and use one innoviCares patient benefit card.
- 3. Personal Information and Privacy
By entering into this Agreement with STI and by registering for and using the Service, you authorize STI to collect personal information about you. The personal information that you authorize STI to collect includes, but is not limited to, the following:
- your name, address, and phone number;
- your email address;
- other contact information about you;
- your age and gender;
- information about medications, medical devices or other health products (“Health Products”) that you use; and
- other personal information that we may specify at the time of the collection and which you consent to the collection of.
In addition, you authorize STI to associate you and your innoviCares patient benefit card with:
- information about the Health Products that you obtain from a pharmacy;
- the identity of the pharmacy that provided the Health Products to you;
- the total value and quantity of the Health Products that you obtain; and
- the date you received the Health Products.
You authorize STI to use your personal information to deliver the Service to you; to manage the Service; to conduct surveys; to notify you of additional services and features that STI may offer; to establish and maintain communication with you; to contact you to inform you of benefits available to you and matters effecting the delivery of the Service to you; to create reports to track the use of goods and services provided to you via the Service; to help you manage therapeutic adherence for you and others; to assist STI to comply with all regulatory requirements; and to comply generally with the law.
You authorize STI to disclose your personal information, for the purposes set forth in this Agreement, to STI, its affiliates and service providers, prescribers, other innoviCares members who you have authorized and health sciences centres who facilitate access to financial patient assistance programs.
STI's privacy policy (which can be accessed at https://mssociety.innovicares.ca/en/privacy-policy), as amended from time to time (the "Privacy Policy"), is incorporated herein by reference. You agree that you have reviewed the STI Privacy Policy.
IF YOU OBJECT TO YOUR PERSONAL INFORMATION BEING COLLECTED, USED, OR DISCLOSED IN ANY WAY THAT IS DESCRIBED IN THIS AGREEMENT, YOU ARE PROHIBITED FROM USING THE SERVICE.
- 4. innoviCares Account Use
You must use your user name and password to access the Service via the Properties. You are required to keep your user name and password confidential. Do not share them with anyone. You are responsible for and authorize STI to accept any changes made to your account when it is accessed with your user name and password. STI is not liable to you for any transaction made to or from your accounts by any other party using your user name and password.
- 5. Representations and Warranties
You promise to STI that you are older than the age of majority in your place of residence. If you are accepting these terms on behalf of another person, you promise to STI that you have the legal right to give consent on behalf of that person and to provide personal information about that person.
- 6. Prohibited Use
You will not (i) provide untrue, inaccurate or incomplete information about yourself; (ii) enter untrue, inaccurate or incomplete information in your user profile; (iii) access or use the Service for an illegal, fraudulent, malicious or defamatory purpose; or (iv) take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the Service (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person). You agree that you will not use the innoviCares patient benefit card and any other manufacturer-sponsored patient benefit card concurrently in the same pharmacy transaction to obtain a particular health care product. You agree that you will not violate any applicable local, provincial, national or international law when using the Service. You agree not to impersonate another person when using the Service. You will not impersonate another person when sending e-mail to an address listed on the Properties.
- 7. Proprietary Rights
(a) All materials on the Properties, including, without limitation, text, data, information, images, illustrations, audio clips, video clips, and surveys are protected by intellectual property rights owned and controlled either by STI or its affiliates and subsidiaries. You may not copy, download, reproduce, republish, upload, post, transmit or distribute in any way any material from the Service without the prior written consent of STI or except as specifically permitted by the Service. Modification of material or use of material for any purpose other than for participation in the Service is a violation of copyright and other intellectual property rights.
(b) The trademarks, logos and service marks that you see on the Properties are registered and unregistered marks of STI or its affiliates and subsidiaries. Nothing in the Properties grants any licence or right to use any marks displayed on this site without the advance written permission of the owner of the mark. You are prohibited from misusing any marks displayed on the Properties or any other content on the Properties.
(c) STI makes no representation to you that materials on the Service are appropriate or available for use in locations other than Canada. If you choose to access the Service from outside Canada, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws apply.
- 8. Disclaimer
The Service is provided "as is" and without warranties of any kind either express or implied.
- 9. Termination
STI may terminate your right to use the Service immediately, without notice to you, if, in STI's judgment, you fail to comply with any of the terms and conditions of use in this Agreement or engage in any fraudulent, illicit, or illegal activity. In the event of termination, you are no longer authorized to access the benefits of the Service but the restrictions imposed on you with respect to material copied or downloaded and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive the termination of this Agreement.
- 10. Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of the Province of Nova Scotia without giving effect to any principles of conflicts of law. You agree to bring any claims against STI exclusively in the courts of Nova Scotia. If any provision of these terms of use proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.
- 11. Liability Limit
YOU AGREE THAT STI, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ITS SUPPLIERS ARE NOT LIABLE FOR LOST PROFITS OR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROPERTIES, THE SERVICE, OR THIS AGREEMENT, REGARDLESS OF WHETHER STI WAS NEGLIGENT. YOU AGREE THAT STI IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.
IF YOU ARE DISSATISFIED WITH THE SERVICE, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
- 12. Indemnity
You agree to indemnify and hold STI and (as applicable) STI's subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees (on a solicitor/client basis), made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- 13. Electronic Communications
We will send you email only if you have provided us with your email address and have asked us to communicate with you by email. You agree that all agreements, notices, disclosures, and other communications that STI provides to you electronically satisfy any legal requirement that such communications be in writing. You can unsubscribe from our email communications by logging into your innoviCares profile and changing your communication preferences. You can also contact STI customer service via email to request a change in your communication preferences at customerservice@smartsti.com.
- 14. No Agency
You and STI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- 15. Changes to the Agreement
Other than as required by law, STI can change this Agreement by giving you notice of the change via email, or on the innoviCares Properties or related applications. STI can give the notice either before or after the change takes effect. If STI gives you notice before or after the change takes effect, and if you use the Service after the date of the change, you agree and consent to the change.
- 16. Entire Agreement
This Agreement and the Privacy Policy constitute the entire agreement between you and STI related to the Service.
DATED January 19, 2016