Terms of Use

ROOST MEDICAL LTD.

LAST UPDATED: May 2, 2020

THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE BEFORE USING THE ROOST MEDICAL LTD. WEBSITE OR MOBILE APPLICATION.

  1. Overview

ROOST MEDICAL LTD. (“Company”, “us” “our” or “we”) specializes in facilitating online healthcare services relating to men’s health (the “Services”). We use our webpages, sites, and mobile applications (collectively, the “Platform”) to provide you (“you” “your” “user(s)”) with the Services. Access and use of the Platform, including any uploading of information by you and other users to the Platform (the “Content”), is subject to your acceptance of and compliance with these terms of use (the “Terms of Use”) and our privacy policy found at https://roostmedical.com/pages/privacy (the “Privacy Policy”). By using the Platform, you indicate your acceptance of the Terms of Use and Privacy Policy. If you do not accept the Terms of Use and Privacy Policy, then do not use the Platform. 

  1. Modifications to Terms of Use

The Company may change or amend the Terms of Use from time to time and any changes or amendments will become effective upon our posting of the revised Terms of Use on this page. You can determine when the Terms of Use were last revised by referring to the “LAST UPDATED” reference expressly provided. It is your responsibility to check this page periodically for changes. Your use of the Platform after any changes or amendments to the Terms of Use will signify your, and be conclusively deemed, acceptance of the Terms of Use, as changed or amended.

  1. Accreditation

The Platform is provided to you by the Company, a British Columbia company. Our affiliated pharmacies are accredited by the College of Pharmacists of British Columbia and dispense medications that have been approved for sale by Health Canada. You can verify any pharmacy accreditation by accessing the College of Pharmacists of British Columbia at the following link: https://www.bcpharmacists.org.    

  1. Platform Users

The Platform may be used by individuals over the age of 18. Each user may register an account to use the Platform (an “Account”). If any other person uses your Account, you represent and warrant that: (a) you are financially responsible for that person’s actions, including, if applicable, any purchases made, whether or not such purchases were authorized by you; and (b) you are fully responsible and liable for any action of any person to whom you have provided any permissions to use your Account. You agree not to request or allow any other person to create an Account on your behalf, for your use, or for your benefit. We reserve the right to revoke the privileges of any Account to access or use the Platform or Services, without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining an Account.

Upon closure of an Account, the Company may close any or all related Accounts. Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Platform and any closure of your Account may involve deletion of any Content stored in your Account for which the Company will have no liability whatsoever. The Company, in its sole discretion and as permitted or required by law, may retain some or all of your Account information or Content.

  1. Usernames and Passwords

When you register on the Platform, you will be asked to choose a username and password (the “Log-In Information”). You will be asked to provide information including but not limited to your care card number or provincial personal health number, medication and prescription information, medical history, insurance information and payment information. You are responsible for safeguarding and maintaining the confidentiality of your Log-In Information and restricting access to your computer or other internet-enabled devices from any person who is not authorized to use your Account. You authorize the Company to assume that you are the only person using the Platform with your username and password. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach of security. We are not responsible for any unauthorized activity on your Account even if you have advised us of such.

  1. Pricing

Use of the Platform and participation in physician appointments is free of charge if you are resident of British Columbia and are currently enrolled in MSP (Medical Services Plan). If you are not a resident of British Columbia and/or not currently enrolled in MSP (Medical Services Plan), a medical consultation fee of $50 CAD will be charged per medical consultation.    As a user of the Services and Platform, you will be required to pay for any medications or products (the “Products”) available through the Services (the “Fees”). All Fees are exclusive of applicable national, provincial, local or other taxes (“Taxes”). You are responsible for all applicable Taxes and we will charge Taxes in addition to the Fees (collectively, a “Purchase”). All Fees due are owed at the time of Purchase and will be charged (through our Platform) by an affiliated pharmacy upon completion of fulfilling an order. We may, in our sole discretion, accept or reject an order you have placed. To the maximum extent permitted by applicable laws, we may change the Fees we charge for Products at any time. We will provide notice of any such pricing changes by posting the new prices on or through the Platform or by otherwise notifying you through email, text message, push notifications to your mobile or electronic devices at the addresses and accounts listed on your Account (the “Notice”).

We use third party processors (the “Processors”) to complete a Purchase and process shipping orders. The processing of a Purchase will be subject to the terms, conditions and privacy policies of the Processors, in addition to these Terms of Use. We reserve the right to correct, or to instruct our Processors to correct, any errors or mistakes, even if a Purchase has already been submitted or received. 

We will provide you with a receipt of any Purchase to provide to your insurance provider. If you submit a request, we may submit the receipt to your insurance plan for you.

  1. Use of Platform and Content

You must have a valid prescription from a licensed physician to practice and prescribe in Canada. These can be obtained from a third party physician directly through the Platform. If you have refills of your medications at another pharmacy, submit a transfer request of your prescription from the other pharmacy to us. You can submit a transfer request through the Platform or by contacting us. We will accept prescriptions transferred from your old pharmacy. If you provide us with the name and contact information of your old pharmacy, as well as the names of the medications you filled there, we will coordinate a prescription transfer for you.

Like most pharmacies, our third party pharmacies dispense generic medication when appropriate and permitted by the prescribing doctor. Generic medications are just as safe and effective as brand-name medications. All prescription drugs are reviewed by Health Canada pursuant to federal guidelines and as such, the generic drug must include the same amount of medicinal ingredients as branded drugs. When we fill your medications, we keep your best interests at heart and look for alternative medications that provide you with the lowest cost without compromising your health.

When your prescription is due for a refill, we will provide you with Notice, based on the Notice preference you indicated when you created your Account.

If you need to refill a prescription early or are planning on travelling, contact us and let us know the dates you will be away, as soon as possible. Occasionally, you may experience higher costs when requesting an early fill, or vacation supply.

Before any prescription is released for shipping, a pharmacist will be in contact with you through the Platform to discuss your medication, based on a specified time you request on your Account when you sign up. If you have a clinical question, you can privately consult with a pharmacist at any time by calling in, emailing, or using the video chat feature in the Platform. If you have clinical questions about your medication, pharmacists are on call Monday to Saturday      from 9:00 am to 9:00 pm (PST).

You consent to interacting with the Company’s affiliated physicians and pharmacies via online video chat and receiving Notice from us. You acknowledge and agree that any Notice will satisfy any legal requirement for written notification. You acknowledge that while we strive to ensure the security of Content and Accounts, we cannot guarantee that unauthorized third parties will not evade our security measures.

You, as a user, are solely responsible for ensuring the accuracy and legality of any Content you post. You guarantee that you are accessing the Platform solely for your own personal purposes and not for any commercial purpose. You acknowledge, agree, and understand that the Company does not, in any way, supervise, direct, control, or evaluate users or their Content. The Company makes no representations about and does not guarantee, and you agree not to hold the Company responsible for: (a) the quality, safety, or legality of users; (b) their qualifications, background, or identities; and (c) user Content, statements or posts.

You acknowledge and agree that you are authorized to view, print and use the Platform and Content in accordance with these Terms of Use. Except as otherwise set out in these Terms of Use, you acknowledge and agree that you will not, directly or indirectly, sell, assign, provide access to, transmit, exploit, repackage, decompile, or disassemble the Platform or Content, or any derivative works from Content, or any portion thereof, in any medium or in any manner whatsoever. Under no circumstances will you use the Platform or Content in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in the Platform or Content. Without limiting the generality of the foregoing, you represent and warrant to us that you will not use the Platform or Content or any material retrieved from the Content to create products or perform services which compete or interfere with the products and services of the Company.

In using the Platform, you agree not to do any of the following: (a) conduct or promote any activities inconsistent with any applicable local, provincial, or national law or regulation; (b) attempt to gain unauthorized access to the Platform, or computer systems or networks connected to the Platform, through hacking, password or data mining, or any other means to circumvent security procedure; (c) use any robot, spider or other automatic device, software program or manual process to monitor, copy or interfere with any web pages or the content contained thereon on the Platform; (d) use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other users use and enjoyment of the Platform; (e) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; (f) attempt to reverse engineer or jeopardize the correct functioning of the Platform, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Platform; (g) use the Platform to generate unsolicited email advertisements or spam; (h) impersonate another user; or (i) take any action that would damage, harm, or diminish the Company’s reputation, goodwill, or public image.

  1. Platform Availability

The Platform may be available through certain mobile devices. You acknowledge and agree that we are not responsible for ensuring that your mobile device’s software is compatible for you to access the Platform through your mobile device.

We cannot guarantee that the Platform will be available 100% of the time. Although we strive to provide the most reliable Platform possible, interruptions and delays in accessing the Platform are unavoidable and we disclaim any liability for damages resulting from such problems.

  1. Platform Information

We reserve the right, in our sole discretion, without any obligation and without any Notice requirement: (i) to discontinue, change, improve or correct the information, materials and descriptions on the Platform and to suspend or deny access to the Platform for scheduled or unscheduled maintenance, upgrades, improvements or corrections; (ii) to terminate your ability to access your Account or portions thereof for any reason, including if you violate any term of these Terms of Use, if we determined that your use has created or potentially created risk or legal exposure for the Company, or in response to requests by law enforcement or other government agencies. You acknowledge and agree that we may terminate or suspend your Account at any time, in our sole discretion, and we will not be liable to you or any third party for any termination or suspension of your Account or access to the Platform.

Following any suspension of Services or termination of your Account, upon request, the Company may      transfer your active           prescriptions to a pharmacy licensed in British Columbia subject to the drug not containing a controlled substance, and the transfer occurs between registrants.

  1. Links to Third Party Portals

The Platform may contain links to other linked sites (the “Linked Sites”) that are not owned or controlled by us and we are not responsible for the content of any Linked Sites. The presence on the Platform of a link to any Linked Sites does not imply that we endorse or accept any responsibility for the content or use of such Linked Sites, and you hereby release us from all liability and/or damages that may arise from your use of such Linked Sites. We reserve the right to prohibit or refuse to accept any link to the Platform at any time. You agree to remove any link you may have to the Platform upon request.

  1. Delivery and Shipping

We offer same-day delivery via our premium courier service for orders placed before 4pm and will charge a fee of $30 for same-day premium delivery (exclusive of tax). We ship medications in secure packaging to any address in British Columbia via Canada Post. Our shipping options are 1-2 business day Express Post shipping which costs $15 (exclusive of taxes) and includes tracking, insurance and signatures. We also offer as 5-7 business day standard shipping which does not contain tracking or insurance free of charge. We will ship your medication in discreet packaging to protect your privacy and use tamper evident seals for security. If you experience delays or if your package arrives damaged, please contact us and we will work with you to resolve the issue. You will be subject to Canada Post’s terms of use regarding any shipments made from us. We will contact you if your medication is on manufacturer back-order. We will still ship you any other medications you ordered that are not affected by any such back order.

If you change your shipping address, please update your contact information and address right away in your Account.

  1. Child Safety Waiver

A pharmacy is required to dispense medication in a child resistant container unless the patient has signed a waiver or verbally requested a non-safety vial or container or where a child resistant container is not suitable due to the physical nature of the pharmaceutical. Our packaging is not child resistant and should be kept out of reach of children at all times. You are responsible for ensuring necessary safeguards are in place to keep children from accessing or tampering with your medications provided by us. By using the Platform and Services you are waiving the requirement for us to package your pharmaceuticals in child resistant containers for all new prescriptions and refills ordered from us or through the Platform.

  1. Restrictions on Use of Platform

You will use the Platform or links to other websites from the Platform (the “Linked Sites”) in accordance with all applicable laws. You will not: (i) attempt to gain unauthorized access to the Platform, or computer systems or networks connected to the Platform, through hacking, password or data mining, or any other means to circumvent security procedure; (ii) use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform; (iii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform; (iv) use the Platform to execute denial of service attacks; or (v) use the Platform to generate unsolicited email advertisements or spam.

  1. Disclaimer of all Representations, Warranties and Conditions

WE, OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, WITHOUT DELAY OR FAILURE, OR THE ACCURACY OR THE COMPLETENESS OF THE DATA PROVIDED THEREON. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CONTENT, SERVICES ON OR THROUGH THE PLATFORM OR SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICES, LOSS OF DATA, FAILURE TO TRANSMIT DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, USING OR RELYING ON ANY SUCH MATERIAL. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM IS FREE OF CONTAMINATING OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT, ADVICE OR SERVICE ADVERTISED OR OFFERED BY LINKED SITES AND THE COMPANY WILL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

Any health-related content displayed on the Platform describes general health care principles and is for general guidance only. Such content should not be interpreted as specific instructions for individual users, and is not intended as a substitute for a consultation with our third party physicians or other licensed healthcare professional. In no event will we be liable for any decision made or action taken in reliance on the Platform content or other information contained on or accessible through the Services. Reliance on any information provided by, or otherwise appearing on, the Platform is solely at your own risk.

  1. Limitation of Liability and Indemnification

YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE COMPANY IS NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE PLATFORM OR ANY INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE, OR INABILITY TO USE, THE PLATFORM). THESE LIMITATIONS WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU WILL INDEMNIFY AND HOLD THE COMPANY AND ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

You expressly acknowledge that the Company is making the Platform and any Linked Sites available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the Terms of Use and will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by the Company of your use of, or access to, the Platform.

  1. Termination

We may, under certain circumstances and without prior Notice, immediately terminate your ability to access the Platform or portions thereof. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to you or any third party for any termination of your access to the Platform. In addition to the foregoing, we reserve the right to pursue all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to the Site.  You agree and acknowledge that monetary damages may not be an adequate remedy for any violation of these Terms of Use by you and, without limiting any of our other remedies, you hereby consent to, and authorize us to obtain, an injunction or other equitable relief from any court of competent jurisdiction.  You further authorize us to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.

  1. Returns and Disposal

As governed by the Pharmacy Operations and Drug Scheduling Act (PODSA) Bylaws: Part 1(7): a pharmacist will not accept the return for use or re-use of any portion of any drug or non-prescription medication. We will not accept returned Products. If you need to discard pharmaceutical items, take these items to a local pharmacy, or follow the proper medication disposal guidelines from the Government of Canada website - Learn More: https://www.canada.ca/en/health-canada/services/safe-disposal-prescription-drugs.html

  1. Copyright and Trademark Information

The Platform, and the information and materials that it contains, are the property of the Company, its subsidiaries and affiliates, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All of our Product and Services names and logos are trademarks or registered trademarks of the Company, a corporation incorporated under the laws of the province of British Columbia. You may neither remove any copyright, trademark or other proprietary notices from any copy of, nor modify, the Platform. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Platform, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission. You will not attempt to override or circumvent any of the usage rules or restrictions on the Platform. We reserve the right to take such steps as deemed necessary, including without limitation legal action, to restrain unauthorized activity.

  1. General
  • Entire Agreement. The Terms of Use and Privacy Policy constitute the entire agreement between you and the Company with respect to the subject matter contained herein and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied.
  • The headings in the Terms of Use are for convenience only and will not be construed as part of the Terms of Use.
  • Assignment. The Company may assign the Terms of Use, in whole, or in part, at any time, with or without Notice to you. You may not assign your rights or delegate your duties under the Terms of Use. The Terms of Use will enure to the benefit of and be binding upon the parties to these Terms of Use and the Company’s respective successors, heirs and permitted assigns.
  • Notice. Any Notice or other communication permitted or required hereunder will be in writing and provided via email or by posting to the Platform. Notice delivered by email will be deemed as received on the business day after such notice is transmitted.
  • Non-Waiver and Severability. Our failure to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of such right or provision. The invalidity or unenforceability of any provisions of the Terms of Use will not affect the validity or enforceability of any other provision of the Terms of Use, which will remain in full force and effect.
  • Force Majeure. The Company will not be liable, or be considered to be in breach of or default under these Terms of Use on account of, any delay or failure to perform as required as a result of events beyond the reasonable control of the Company, including without limiting the foregoing where the delay or failure is due to fire related hazards, explosions, power outages or interruptions, brownouts, internet service provider failure or delay, cyber-attacks, server downtime, loss of servers, earthquakes, floods, spills, epidemics, acts of God, war or acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot be reasonable be foreseen or provided against.
  • Language. Unless the context otherwise requires, where the word “including” or “includes” is used in the Terms of Use, it means “including (or includes) without limitation”.
  • Governing Law. The Terms of Use are governed and interpreted pursuant to the laws of the province of British Columbia and the federal laws of Canada applicable therein. The foregoing will not limit the Company’s right to enforce the Terms of Use in any other jurisdiction if reasonably necessary or advisable in our sole discretion.