Effective starting: September 1, 2020
The PC Health Application is a health and wellness mobile platform provided by Loblaws Inc. and its affiliates (“Loblaws”), which will be referred to in these terms and conditions as “Our”, “We” and “Us”. The PC Health Application provides users with access to certain healthcare and wellness services, including the ability to consult certain healthcare and wellness professionals through in-app chat functionality, participate in health programs, and purchase health and wellness products and services. The services available through the App (collectively referred to as “PC Health Services”) may change over time. Specified promotions, rewards, prizes or benefits, including earning PC Optimum Points may be made available or awarded for using certain services through the PC Health Application where permitted by law, regulation or policy.
PLEASE TAKE THE TIME TO READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION AFFECTING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. THIS INCLUDES, AMONG OTHER IMPORTANT PROVISIONS, VARIOUS LIMITATIONS ON YOUR RIGHTS, TERMS REGARDING THE USE OF PERSONAL INFORMATION, LIMITATION ON THE LIABILITY OF LOBLAWS AND LEAGUE AND THEIR RESPECTIVE AFFILIATES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, LOBLAWS RESERVES THE RIGHT TO MODIFY, UPDATE AND CHANGE, AT ANY TIME, IN ITS SOLE AND ABSOLUTE DISCRETION: (I) THIS AGREEMENT; (II) ADDITIONAL DOCUMENTS; (III) PC HEALTH SERVICES; AND/OR (IV) THE PC HEALTH APPLICATION. YOUR CONTINUED USAGE OF THE PC HEALTH WEBSITE OR THE PC HEALTH APPLICATION, AS APPLICABLE, WILL MEAN YOU ACCEPT AND CONSENT TO ANY CHANGES, UPDATES AND MODIFICATIONS TO THIS AGREEMENT. IF ANY MODIFIED TERMS OR CONDITIONS TO THIS AGREEMENT ARE DEEMED INVALID, VOID OR FOR ANY REASON UNENFORCEABLE BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION, SUCH TERMS OR CONDITIONS SHALL BE SEVERED FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER TERMS AND CONDITIONS OF THIS AGREEMENT.
“Agreement” has the meaning given in the preamble to this Agreement. “Content” has the meaning set out in Section D, Clause 1(viii).
“General Content” has the meaning set out in Section B, Clause 4.
“Get Care” means one of the features on the PC Health Application, enabling You through chat, phone and/or an email to ask questions relating to Your general health and wellness concerns
“Intellectual Property Rights” has the meaning set out in Section B, Clause 5.
“PC Health Application” means PC Health’s digital platform accessed by qualified Users through the PC Health mobile application, made available through an app store, such as the ‘Apple App Store’ or ‘Google PLAY Store’.
“PC Health Shop” means a virtual marketplace on the PC Health Applications, enabling You to purchase health and wellness related products and/or services from Service Providers.
“PC Health Services” means the various features in the PC Health Application, except for specific products and/or services provided by third party vendors or Service Providers in the PC Health Shop.
“PC Health Subcontractor” means a third-party subcontractor engaged by Loblaws to provide or perform or operate any aspect of the PC Health Services (including the PC Health Application, the PC Health Services, the PC Health Shop or the PC Health website), including League Inc. and Virtual Concierge Services Corp.
“PC Health Team” means Loblaws, its employees and Service Providers.
“PC Optimum Program” means the PC Optimum program that enables you to earn PC Optimum Points through Your use of the PC Health Application.
“PC Optimum Points” means the PC Optimum points which You earn by virtue of participating or completing certain qualifying tasks within the PC Health Application.
“Payment Processor” means a third-party provider that Loblaws uses to link Your credit card account to the PC Health Application, for purposes such as processing payments made by You on the PC Health Shop to purchase products and/or services provided by third party vendors or Service Providers.
“Service Provider” means a third-party vendor that offer products and/or services to You in connection with the PC Health Services or the PC Health Application.
“Service Provider Agreements” means terms and conditions of Service Providers which You are subject to in order to use their products and/or services.
“Users” means anyone who has access or the ability to have access to use and/or uses the PC Health Services and PC Health Application.
B. PC HEALTH USER TERMS & CONDITIONS
1. USERS’ RESPONSIBILITIES. Your access and continued use of the PC Health Application is subject to You agreeing to and undertaking certain responsibilities. You hereby agree to the following:
i) COMPLIANCE WITH THIS AGREEMENT AND LAWS. You must at all times comply with the terms of this Agreement in order for You to use the PC Health Services and the PC Health Application. You will comply with all applicable federal, provincial and local laws, regulations and rules when using the PC Health Services and the PC Health Application.
ii) TRANSPARENCY AND HONESTY. You agree that any and all information You provide to Loblaws is truthful and accurate. Inaccurate information will affect Your experience when using the PC Health Services and the PC Health Application. You may also be asked to provide authorization or additional information when You use the PC Health Services and the PC Health Application in order to verify the information or Content (defined below) You submit. You further agree to promptly notify Loblaws if You discover or reasonably suspect You have provided any false or incorrect information.
iii) ADDITIONAL PAYMENTS. You will pay for any data, voice or internet charges and other separate or outside charges that You may incur through the use of the PC Health Services and the PC Health Application, and that You will not seek refunds, credits or reimbursements from Loblaws.
iv) YOUR CONDUCT. You are solely responsible for Your conduct and interactions on the PC Health Services and the PC Health Application with PC Health Team and/or Service Providers, whether online or offline. PC Health reserves the right, but has no obligation, to monitor or become involved in disputes between You and other Users or Service Providers.
v) AGE. You represent that You are at least sixteen (16) years of age. You acknowledge that the PC Health Services and the PC Health Application are only intended for Users who are least sixteen (16) years old.
vi) PC HEALTH POLICIES. If You violate any of the rules outlined in this Agreement, Loblaws may take any action it deems appropriate, including suspending or terminating Your account or Your ability to use the PC Health Services and the PC Health Application. You acknowledge and understand that investigation and enforcement of any suspected, reported or discovered violations are within Loblaws’ sole discretion, including the decision to take any action against You, other Users or Service Providers. Loblaws has the sole discretion to suspend, disable, remove, restrict, modify or delete Your access to Your account, the PC Health Services and the PC Health Application on a temporary or permanent basis without notice or liability to You.
vii) YOUR CONTENT. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, sound recordings, works of authorship, applications, links and other content or materials, including intellectual property, that You submit, post, share, use, provide, transmit, or display on or through the use of the PC Health Services or the PC Health Application (“Content”). You will ensure You have received all necessary rights and licenses to any Content You display, provide or share to Loblaws, other Users and Service Providers, or that You generally make accessible through the use of the PC Health Services and the PC Health Application. You are solely responsible for Your Content, including any confidential information contained therein and enforcement of any Intellectual Property Rights You claim to such Content. Thus, You agree to provide Content at Your own risk. Loblaws will not be responsible or liable to You for the use or sharing of Your Content by other Users and Service Providers that You share or make generally available within the PC Health Service and the PC Health Application, including any Content that is shared outside to third parties and social media.
viii) Your Account. You are responsible for Your own account passwords, information, etc. The PC Health Services and the PC Health Application has several tools that allow You to record and store information and You are personally responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to Your PC Health Application passwords or accounts. It is Your sole responsibility to control the dissemination and use of sign-in name, screen name, and passwords, to authorize, monitor, and control access to and use of Your PC Health Application account and password, and to promptly inform Loblaws if You believe Your account has been compromised or if there is any other reason You need to deactivate Your account. To send us an email, use the “Contact Us” links located at the bottom of every page of the PC Health website. You grant Us and all other persons or entities involved in the operation of the PC Health Services and the PC Health Application the right to transmit, monitor, retrieve, store, and use Your information in connection with the operation of the PC Health Service and the PC Health Application. Loblaws cannot and does not assume any responsibility or liability for any information You submit, or Your or third parties’ use or misuse of information transmitted or received using the PC Health Services and the PC Health Application.
The PC Health Services, and the PC Health Application are not a substitute for professional medical diagnosis or treatment and therefore any reliance on information provided by PC Health or its Service Providers is done solely at Your own risk and You accept any and all consequences arising from Your reliance or misuse of such information. You should always seek the advice of Your primary care physician or other qualified provider of medical advice with any questions You have with respect to a medical condition. Loblaws does not intend to interfere with Your primary care physicians’ or other qualified health provider’s medical or related advice and You should never disregard or delay seeking professional medical advice because of something You read or is communicated to You on the PC Health Application, through the PC Health Services or by the PC Health Team.
ii) NOT A MEDICAL DEVICE. You acknowledge and agree that neither the PC Health Services nor the PC Health Application diagnose, treat, mitigate or prevent a disease, disorder or abnormal physical state, or any of their symptoms or otherwise meet the definition of a medical device.
iii) WARRANTIES. PC Health Services, PC Health Application, Get Care, the PC Optimum Program, Health Assessment, general content and all other information, content, materials, products (including software) and other services included on or otherwise made available to You through the PC Health Services and/or the PC Health Application are provided by Loblaws on an ‘as is’ and ‘as available’ basis, unless otherwise specified in writing. Loblaws makes no representations, conditions or warranties of any kind, express or implied, as to the operation of the PC Health Services or the PC Health Application, Service Providers, general content or any other information, content, materials, products (including software) or other services included on or otherwise made available to You through the PC Health Services or the PC Health Application, including any background or qualifications of the individuals involved in providing Get Care. You expressly agree that Your use of the PC Health Services, the PC Health Application and products and/or services provided by Service Providers in the PC Health Shop is at your sole risk. To the fullest extent permissible by law, Loblaws disclaims all warranties or conditions, express or implied, including, but not limited to, implied warranties of merchantability, quality, durability, fitness for a particular purpose, title and non-infringement. Loblaws does not warrant that the PC Health Services, the PC Health Application, Service Providers’ products and/or services in PC Health Shop, general content, and all other information, content, materials, products (including software) or other services included on or otherwise made available to You through the PC Health Services, the PC Health Application, Loblaws’ and Service Providers’ servers or electronic communications sent from Loblaws or Service Providers are free of viruses or other harmful components.
iv) SERVICE PROVIDERS. You acknowledge that Your interactions, communications, use and receipt of any services offered by Service Providers are at Your own risk. Loblaws makes no warranties, conditions or representations on behalf of Service Providers. We make no guarantees or assurances that Service Providers possess and/or will continue to possess the necessary licenses, training, certifications, educational background or insurance required to perform the services that a Service Provider offers, advertises or provides. Service Providers are third parties and not agents, employees, personnel or representatives of Loblaws. You agree that Loblaws shall have no liability for the actions of Service Providers and their respective directors, agents, contractors, employees or personnel. Loblaws makes no representations, conditions or warranties whatsoever as to the nature of the relationship, whether doctor-patient or otherwise, established between You and any Service Providers. You acknowledge that You may enter into separate Service Provider Agreements in connection with, or as a condition to, Your receipt of the Service Provider’s services. Under no circumstances will Loblaws be a party or third-party beneficiary to any Service Provider Agreements, and any terms in a Service Provider Agreement that purport to impose obligations upon Loblaws that are beyond the scope or are in addition to Loblaws’ responsibilities in this Agreement will be void and invalid. You will comply with the terms of any Service Provider Agreements. PC Health will have no liability for any breach of a Service Provider Agreement by You or a Service Provider and will have no obligation to indemnify or otherwise provide any support or assistance for any claims that result from or arise in connection with a Service Provider Agreement. If You book Your services with a Service Provider directly (outside of the PC Health Services or the PC Health Application) or if You make purchases directly from the Service Provider without using the PC Health Services or the PC Health Application, then Loblaws will not be responsible for any payment transactions between You and the Service Provider, including handling any payments that are owed to the Service Provider or for collecting any payments from You on such Service Provider’s behalf. Loblaws has no liability to You or Service Providers for any cancelled, rescheduled or otherwise unfulfilled appointments, and any cancellation fees, penalties, refunds, damages or injury resulting therefrom.
v) NO ENDORSEMENT. Loblaws does not in any way endorse any particular Service Providers, individuals, entities, products, services or devices that are listed, marketed, advertised, reviewed or otherwise made accessible through the PC Health Application, including without limitation on the PC Health Shop. Any recommendations or referrals provided through Get Care are provided for informational purposes only and are not endorsements.
vi) SUITABILITY. Loblaws does not guarantee or make any representations, conditions and warranties, whether express or implied, with respect to any products and/or services accessible or made available through the PC Health Services and the PC Health Application. Not all services that are available through the PC Health Application will be appropriate for You, and therefore Loblaws makes no claims about the efficacy of any particular product and/or service or Service Provider, or of any information provided through Get Care.
vii) MISCELLANEOUS. You agree that Loblaws is not responsible or liable for Your conduct on the PC Health Application, including any harm or damage to You that arises or occurs from other Users, Get Care, PC Health Team or Service Providers. Loblaws has no obligation to furnish any maintenance and support for the PC Health Services or the PC Health Application, unless required by applicable law.
4) GENERAL CONTENT ON PC HEALTH APPLICATION. By using the PC Health Services and the PC Health Application, You can provide, share, receive and exchange information, content and materials with PC Health Team, Service Providers, Get Care and potentially with other Users within the PC Health Application. If You receive any information, content or materials from other Users, PC Health Team, Service Provider or through, You agree You will not share or disclose such materials unless permitted by the party that provided it. You may be permitted to share certain content or materials that are communicated to You as being generally accessible and made available to all or other Users and/or Service Providers through the PC Health Application, which may include posts, submissions, contributions, articles, images, photos or other content provided by PC Health, Get Care, Service Providers and Users (“General Content”). You may be permitted to share certain General Content outside of the PC Health Application, including uploading onto third party sites, such as social media. You are solely responsible for providing any source attributions, credits to share or display such General Content outside of the PC Health Application, if applicable.
(i) You hereby grant to Loblaws a worldwide, non-exclusive, transferrable, sub licensable, royalty free, fully paid up right and license to use, copy, distribute, display, publicly perform, modify and create derivative works of any Content (the “License”). The License excludes any Content that You share using PC Health Services, to Service Providers or to Users in closed communications, which are not otherwise viewable or accessible within the PC Health Application. You represent, warrant, and covenant and can demonstrate to Loblaws’ full satisfaction upon request that You (a) own or otherwise have the right to grant the License or that the Content is in the public domain worldwide, (b) any Content You submit, post, use, share, provide, transmit, or display on or through the PC Health Application does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information and/or other intellectual property rights (“Intellectual Property Rights”), (c) agree to pay for all royalties, fees, remuneration, and any other monies due or payable arising from any use of the Content through the PC Health Application or the PC Health Services, or the exercise of the License by PC Health, (d) have the permission to use the name and likeness of each identifiable individual person in such Content and to use such individual’s identifying or personal information as contemplated by this Agreement, and (e) have the legal right and capacity to grant the License to Loblaws. You agree to waive any moral rights worldwide You may have in the Content that You submit using the PC Health Services or the PC Health Application.
(ii) Loblaws grants to You during the Agreement term a limited, non-exclusive, non-transferrable, revocable license to access and use the PC Health Application and the PC Health Services solely in accordance with the terms of this Agreement. This license grant and terms of the Agreement will govern any update or upgrade provided by Loblaws that replaces and/or supplements the original application, or other technology of the PC Health Services or PC Health Application, unless such update or upgrade is accompanied with an update or amendment to the terms of this Agreement. Your continued use of the PC Health Services or the PC Health Application after Loblaws notifies You of the amendment will be deemed as Your acceptance of the updated terms of this Agreement. You will not rent, lease, lend, sell, transfer redistribute, or sublicense the PC Health Services or the PC Health Application. You agree to not copy, decompile, disassemble, attempt to derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the PC Health Services or the PC Health Application, or any part thereof. You will comply with any additional rules that Loblaws may enforce from time to time.
6) INTELLECTUAL PROPERTY. As between You and Loblaws, Loblaws owns and retains all rights, title and interest in and to the PC Health Services and the PC Health Application, and all Intellectual Property Rights thereof. Except for the limited license grant provided to You in Section B(5)(ii) of this Agreement, nothing in this Agreement shall be deemed as a transfer, implied or otherwise, of any of Loblaws’ Intellectual Property Rights to You. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying materials provided by Loblaws, the PC Health Services or the PC Health Application and You agree not to use, copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the materials, except in connection with using PC Health Services or PC Health Application, or otherwise permitted by PC Health regarding Your use of General Content.
®/TM - Trademarks used throughout the App are those of Loblaws Inc., except as otherwise noted below or elsewhere.
Shoppers Drug Mart®, Pharmaprix® and their associated logos, and Your Health. Made Easier® are trademarks of 911979 Alberta Ltd., used under license.
League is a trademark of League Inc.
7) NO THIRD-PARTY BENEFICIARY. This Agreement is between You and PC Health only and no other parties, including the Service Providers. You agree that, except as set out in Section C5 below, there are no third-party beneficiaries under this Agreement.
8) NO SPECIAL RELATIONSHIP OR FIDUCIARY DUTY. You acknowledge that Loblaws has no special relationship with or fiduciary duty to You. You also acknowledge that Loblaws has no control over, and no duty to take any action with respect to other Users, Get Care or Service Providers. Loblaws has no obligation to You regarding which Users gain access to the PC Health Services and the PC Health Application. You agree that Loblaws is not liable to You for any effect or harm that information and materials You access and use through PC Health Application has on You. You agree to use such materials and any information contained at Your own risk.
9) INDEMNIFICATION. You shall defend Loblaws against any claims and You will indemnify and hold Loblaws and its affiliates, its and its successors, assigns and their respective directors, officers, shareholders, employees and agents (including the PC Health Subcontractors) (“Loblaws Indemnitees”), harmless from and against all losses, costs, damages, expenses and liabilities (including reasonable legal fees and court costs) which may be suffered or incurred by Loblaws Indemnitees arising out of or related to all claims, suits, proceedings or demands relating to: (i) Your use of the PC Health Services and the PC Health Application; (ii) Your Content; (iii) Your use and/or receipt of services from a Service Provider; (iv) Your breach or non-compliance with this Agreement; and (v) Your breach of a Service Provider Agreement.
10) LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LOBLAWS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PC HEALTH SERVICES OR THE PC HEALTH APPLICATION, OR IN CONNECTION WITH ANY SERVICE PROVIDERS, GENERAL CONTENT, OR ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PC HEALTH SERVICES OR THE PC HEALTH APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, CIVIL LIABILITY OR OTHERWISE), EVEN IF LOBLAWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LOBLAWS ARISING FROM OR RELATED TO THIS AGREEMENT, PC HEALTH SERVICES OR PC HEALTH APPLICATIONS, OR THE USE THEREOF EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR THAT PORTION OF THE PC HEALTH SERVICES OR PC HEALTH APPLICATION THAT GAVE RISE TO THE CLAIM, OR (II) $40.00.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PC HEALTH APPLICATION OR THE PC HEALTH SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
SOME JURISDICTIONS DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES. IN THOSE JURISDICTIONS, WE WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.
11) ADJUDICATION. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AND LOBLAWS BOTH ACKNOWLEDGE AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION BOTH YOU AND LOBLAWS EACH WAIVE ANY RIGHT TO A JURY TRIAL.
12) NOTICES AND ELECTRONIC COMMUNICATION. When You use the PC Health Services or PC Health Application, or send emails, text messages, and other communications from Your desktop, mobile or other device(s) to Loblaws, You may be communicating with Loblaws electronically. You consent to receive communications from PC Health electronically, such as e-mails, texts, mobile push notices, or notices and messages on or through PC Health Services or PC Health Applications, including Your inbox in Your account, and You can retain copies of these communications for Your records. You agree that all agreements, amendments, notices, disclosures, and other communications that PC Health provides to You electronically satisfy any legal requirement that such communications be in writing.
13) CAUTION AND WARNING. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPONENT OF THE PC HEALTH APPLICATION, THE PC HEALTH SERVICES, THE PC OPTIMUM PROGRAM, PC HEALTH SHOP OR THE PC HEALTH WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, OR IN THE EVENT A USER FAILS TO FOLLOW ANY TERMS OF THE REWARDS PROGRAM RULES OR MAKES ANY MISREPRESENTATIONS IN CONNECTION WITH THE ABOVE, LOBLAWS RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Loblaws reserves the right to revoke, cancel or suspend Your participation in the PC Health Application, the PC Health Services, the PC Optimum Program or PC Health Shop, or take any other action at its discretion, at any time with immediate effect and without written notice or liability to You for any reason in its absolute and sole discretion.
14) ARBITRATION. To the fullest extent permissible by law, You and Loblaws agree that any dispute or claim arising from or relating to this Agreement shall be finally settled by final and binding arbitration, using the English language, administered by the Canadian Arbitration Association (the “CAA”) under its Arbitration Rules (the “CAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the CAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. To the fullest extent permissible by law, any arbitration under this Agreement will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to this Agreement, You and Loblaws are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
C. ADDITIONAL TERMS & CONDITIONS FOR PC HEALTH APPLICATION COMPONENTS
1) GET CARE. In using the PC Health Application, You may have access to various Get Care services.
The Get Care service is a health care service provided through the PC Health Application using telehealth technologies. Get Care enables Users to ask general health and wellness related questions in areas such as, but not limited to: a) mental wellness; b) accessing health services; and c) nutrition.
Get Care may be delivered by an Authorized Non-Physician Provider (as defined below). The relationship between you and an Authorized Non-physician Provider is a provider-patient relationship. Loblaws, League Inc. nor Virtual Concierge Services Corp. are a party to that relationship. All non-physician providers providing health care services (“Authorized Non-Physician Provider”) are independent, regulated health professionals (such as registered nurses and pharmacists) registered to provide healthcare in a Province or Territory of Canada. None of Loblaws, League Inc. and Virtual Concierge Services Corp. are healthcare providers. Authorized Non-Physician Providers alone are responsible for the health care services they provide through the PC Health Application to the extent such responsibilities are not waived, disclaimed or limited pursuant to this Agreement. To the extent permitted or required by the law in the Province or Territory in which you reside, Authorized Non-Physician Providers may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Non-Physician Provider, consult his or her profile on the register on the website of the regulator (in most Provinces, named a “College”), in the Province or Territory in which the Authorized Non-Physician Provider practices.”
You hereby agree that Get Care: (i) is not a service that can make diagnoses; (ii) is not a substitute for your primary care provider; (iii) does not prescribe medications nor does it provide referrals to physician specialists; (iv) is utilized at your own risk; and (v) should not be treated as a substitute for medical consultation, diagnosis, treatment or advice. Any information given to you as part of the PC Health Application or Get Care are only recommendations, which you should confirm and discuss with your primary care provider. You hereby agree that neither Loblaws nor the PC Health Subcontractors are liable for any damages, injuries, or negative results or consequences relating to recommendations provided through Get Care.
3) PC HEALTH SHOP. You may use PC Health Shop to browse, purchase, and book products and services fulfilled by third party vendors or Service Providers. PC Health Shop offerings including a range of health and wellness related products and services curated by PC Health and its third party partners. Products are fulfilled and services are delivered by third parties and are therefore not the sole responsibility of Loblaws.
You understand that Loblaws does not manufacture, provide, store, or inspect any of the items or services sold through PC Health Shop. We provide the venue only; the items and services in PC Health Shop are produced, listed, and sold directly by independent sellers and Service Providers, so Loblaws does not make any warranties, implied or expressed about their quality, safety, or their legality. Any legal claim related to a product You purchase must be brought directly against the seller of product or service. You release PC Health from any claims related to products or services sold through the PC Health Services and PC Health Application, including for defective items, misrepresentations by sellers, or items that caused physical injury including but not limited to product liability claims.
Loblaws reserves the right to deny and cancel orders anytime after placement, for any reason, at Our sole discretion. You will be notified by email, to the email address given during checkout of the decision made by Loblaws or the applicable service or product provider to cancel Your order. Should Your order be cancelled, We will not be obligated to fulfill/ship Your order. After cancellation has taken place, We will return all monies collected by Us, back to the original payment method used during checkout.
Loblaws does not support the comments or opinions of reviewers and assumes no responsibility or liability for any content posted by You or any third party. Reviews on the PC Health Application are moderated for appropriateness. You may post reviews and comments so long as the content does not violate the Agreement. We reserve the right (but not the obligation) to remove or edit reviews, and regularly review posted content. If You do post a review, You grant Us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Us and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate any law, this Agreement, and will not cause injury to any person or entity; and that You will indemnify Us for all claims resulting from content You supply. We reserve the right not to post any review at Our sole discretion.
5) PC HEALTH SUBCONTRACTORS. You acknowledge and consent to Loblaws engaging and utilizing PC Health Subcontractors and that such engagement may include the provision by Loblaws to PC Health Subcontractors of information, materials and content provided by You to Loblaws and that Your consent includes Loblaws’ right to delegate to the PC Health Subcontractors any applicable authorizations, licenses, consents and approvals granted by You to Loblaws under this Agreement. Loblaws remains responsible for all PC Health Subcontractors. As subcontractors to Loblaws, the PC Health Subcontractors do not assume any responsibility under this Agreement or any liability to You. You covenant and agree that You will not bring any claim against any of the PC Health Subcontractors or the PC Health Subcontractor Releasees (as defined below) in connection with this Agreement,. You hereby expressly waive and forever release and discharge any and all claims which You have or may in the future have against the PC Health Subcontractors and their respective directors, officers, employees, subcontractors, agents, representatives, shareholders, successors and assigns (collectively, the “PC Health Subcontractor Releasees") arising out of or attributable to the PC Health Subcontractors’ performance, or any services or obligations subcontracted to them, and otherwise in connection with this Agreement, due to any cause whatsoever, including without limitation the negligence of any PC Health Subcontractor or any other PC Health Subcontractor Releasee’s, breach of contract, or breach of any statutory or other duty of care owing. You also acknowledge and agree that Your covenants, waivers, releases and agreements set forth above shall be deemed to be held in trust by Loblaws for, and as an agent for, and shall enure to the benefit of, the applicable the PC Health Subcontractor, each of whom will be entitled to directly rely upon and enforce such covenants, waivers, releases and agreements as a third party beneficiary, including by initiating, defending and otherwise pursuing legal proceedings directly against You.
6) PC OPTIMUM PROGRAM. By being a User of the PC Health Application, You will have the opportunity to participate in the PC Optimum Program. The PC Optimum Program provides You, through a variety of means, with an opportunity to earn PC Optimum Points. You agree to be bound by and comply with the PC Optimum Program Terms and Conditions. The PC Optimum Program Terms and Conditions while a separate document, is incorporated into this Agreement between You and Loblaws and can be accessed here.