Terms and Conditions
By completing and signing the Patient Enrollment Form and enrolling in the Pharma Online Program you hereby agree to enter into a binding contract with Pharma Online Limited (hereinafter referred to as the “Company”) on the following terms and conditions.
- In these terms and conditions:
- ‘Authorised Representatives’ mean affiliates, respective officers, directors, employees, agents, partners and licensors of the Company;
- ‘Personal Data’ means: –
- any information (however stored) relating to a living individual or an individual who has been deceased for less than thirty (30) years who can be identified
- from the information alone; or
- from the information and other information in the possession of, or likely to come into the possession of the Company; or
- Any information (however stored) pertaining to the health record of a living individual or an individual who has been deceased for less than thirty (30) years which-
- is in the custody or control of a health professional in connection with the care of an individual; and
- consists of information relating to-
- i) The past or present physical or mental health, or condition, of an individual, for example,
- A) clinical information about diagnosis and treatment;
- B) genetic data or biometric data;
- C) information about the testing of any body part or bodily substance, or the donation of a body part or bodily substance;
- ii) the registration of an individual for the provision of health services and any number, symbol or code assigned to uniquely identify the individual for those services;
iii) the name of the individual’s health care provider;
- iv) payments made by, or the eligibility of, the individual for the provision of health services, or any other health related information about the individual that is collected in the course of the provision of health services to that individual.
- ‘Services’ mean health related services which include but are not limited to the following:-
- Creation of an online account via a mobile application software or a web login;
- Provision of electronic health record services which include uploading, storing, and accessing health records electronically;
- The transmission of health records electronically between medical practitioners;
- The transmission of health records between a medical practitioner and a Pathology/Radiology Lab;
- Provision of e-prescription services, in particular, facilitating and coordinating the generation and transmission of electronic prescription data from medical practitioners to pharmacies for the fulfilment of prescriptions; and
- Generation of anonymous statistical reports;
‘Software’ means the mobile application, website, platform or systems developed and maintained by the Company for the purposes of carrying out the Services;
‘Third-Party Health Service Provider’ means any person i.e. individual or entity who has entered into an agreement with the Company including any Pathology/Radiology Lab, Pharmacy or medical practitioner to provide the Services; and
‘Third-Party Supplier’ means any person i.e. individual or entity who the Company has engaged to provide the Services;
- Obligations of the Company
2.1 The Company will permit you to access, use and interact with the Software subject to these terms and conditions.
2.2 The Company shall:
2.2.1 exercise reasonable care in compiling the Software; and
2.2.2 use reasonable efforts to make the Software available to you at all times.
3 Exclusions and limitations
3.1 The Company and its Authorised Representatives do not represent or warrant that access to the Software, or any part of it, will be uninterrupted, reliable or fault-free.
3.2 The Company and its Authorised Representatives do not represent or warrant to you that the Software or any of its contents will be accurate, complete or reliable.
3.3 The Company and its Authorised Representatives do not represent or warrant that the Services (whether or not provided by the Company, any Third-Party Health Service Provider or any Third-Party Supplier) will be provided with due care and skill.
3.4 To the extent permitted by law, the Company and its Authorised Representatives exclude all liability (whether arising in contract, tort or otherwise and whether or not due to the Company’s negligence) which may arise as a result of:
3.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the Software or any information on the Software;
3.4.2 the unavailability of the Software (or any part of it), or the Services;
3.4.3 any delay in providing, or failure to provide or make available the, Services, or any negligent provision of the Services; or
3.4.4 any misrepresentation on or relating to the Software, or the Services.
3.5 To the extent permitted by law, under no circumstances will the Company and its Authorised Representatives be liable or responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, whether based on contract, warranty or negligence arising out of or in any way relating to the Software, your use of the Software or its content.
3.6 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
4 Links to other websites
- Certain links, including hypertext links, included in the Company’s website will take you outside of the website. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by the Company of the linked site, its operator or its content. The Company will not be responsible for the content of any website outside of the Company’s website.
The Company reserves the right at any time without notice to revise the content of the Software and these Terms & Conditions of Use. Any changes to these terms and conditions will be posted on the Company’s website and by continuing to use our Software following any such change you hereby agree to be bound by the revised terms and conditions.
5.2 The use of your Personal Data
5.3 Intellectual Property
All right, title and interest in and to the design, text, graphics and other material on the Software and the content and the structure, organization and arrangement thereof, are and remain the exclusive property of the Company and/or the Company’s licensors and is protected by intellectual property law. Under no circumstances will you acquire any ownership rights or other interest in the design, text, graphics and other material on the Software and the content and the structure, organization and arrangement thereof by or through your use of the Software.
5.4 Personal and Non-Commercial Use Limitation
The use of the Software is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Software PROVIDED HOWEVER THAT permission is granted to users to electronically copy or print information pertaining to the health of the user for their own personal and non-commercial use. Accordingly, the Company grants you a limited license to access and use the Software solely for your personal, non-commercial use, provided you do not modify the Software, its content, or any copyright or other proprietary notices. In addition, you agree that you will not use the Software in any manner that could damage, disable or impair the Software or interfere with other users’ use of the Software.
5.5 Compliance with Laws
As a condition of your use of the Software, you warrant that you will not use the Software for any purpose that is unlawful, offensive, interferes with the Software or any feature therein, infringes anyone’s rights or is prohibited by these terms and conditions. You agree to comply with all applicable laws regarding your use of the Software. You acknowledge that your unauthorized use of the Software or any content may violate copyright laws and trademark laws, as well as any applicable regulations and statutes.
The Company reserves the right in its sole discretion to deny users access to the Software or any part of the Software without notice and to decline to provide the Services to any user that is in breach of these terms and conditions.
5.7 Events beyond the Company’s Control
The Company shall not be liable to you for any breach of these terms and conditions or any failure to provide or delay in providing the Services through the Software resulting from any event or circumstance beyond the Company’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
5.8 Collection and Use of Non-Personal Data
5.8.1 When you access the Software, the Company may collect Non-Personal Data from you. “Non-Personal Data” means a data element of collection of data elements that by itself cannot ordinarily be associated with a specific individual. Non-Personal Data may include but is not limited to: the internet browser or computer operating system you are using, your navigation of the Software, the amount of time spent on the Software, the length and dates of your visits to the website, and certain data captured through your interactions with the Software.
5.8.2 The collected Non-Personal Data may be used by the Company for a variety of analytic and developmental purposes including to improve and enhance the Software and the Services, to customize your experience in using the Software, to provide advertisements and other information to you about the Software and the Services and to identify and/or offer additional software and services that may be of interest to you.
The Company shall have the right to freely assign all rights, benefits, obligations or liabilities arising out of or in any way relating to these terms and conditions or their formation.
5.10 Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with the laws of Jamaica and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the Jamaican courts.
If any of the provisions under these terms and conditions are held to be invalid or unenforceable then the validity and enforceability of the remaining provisions shall not be affected.
For additional questions, please contact us by telephone at [1-888-429-5765] or email us at [firstname.lastname@example.org].
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Pharma Online, Pharma Online Program and other names of Pharma Online Limited products and/or services referenced herein are trademarks or registered trademarks of Pharma Online Limited. Other product and company names mentioned herein may be the trademarks of their respective owners.]