Terms of Use

Updated 06/2021

Welcome to SpotCare!  

SpotCare is a brand of DigiPharm Health Inc. By accessing or using the website operated at spotcare.ca and such other locations as made available from time to time (collectively, the “Website”) and the services offered through the Website, you (“you” and, together with all persons accessing or using the Website, collectively, the “Users”) signify that you have read, understand and agree to be bound by these Terms of Service with DigiPharm Health Inc.,  SpotCare, our partnering medical clinics and our pharmacy partners, partnering pharmacies (hereafter, “SpotCare”), in all respects with respect to the Website. It must be noted that SpotCare is not a pharmacy or a drug manufacturer. SpotCare facilitates care through your local pharmacies “pharmacy partners”. All of our partner pharmacies and our partnering medical clinics are licensed by their respective licensing bodies.

The following terms of use and end user license agreement (the “Terms of Use”) constitute an agreement between you (collectively, "user", “you” or "your") and the dispensing pharmacy licensing the "SpotCare" name and software for your local jurisdiction (as indicated below) and its affiliates and subsidiaries (collectively, “SpotCare”, "our", “us” or “we”). These Terms of Use govern your use of and access to the Site, Content and/or Services (each as specified below) and are a legally binding agreement between you and SpotCare.

For the purposes of these Terms of Use:

  • “Account” means your SpotCare profile, the actions conducted on SpotCare and information within said profile and includes without limitations personal, payment and health information.
  • "Content" means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, tasks, activities, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.
  • "Minor" means a person under the age of majority in the jurisdiction where the dispensing pharmacy is located.
  • "Patient Representative" means a person who consents to act and is authorized to act on the patient's behalf to manage the user's prescriptions and Services in compliance with applicable laws and regulations.
  • “Services” means all services made available by SpotCare, including but not limited to services accessed through the Content or the Site.
  • “Site” means https://www.SpotCare.ca, its related webpages and sites (including, without limitation, any mobile optimization website).

ACCEPTANCE OF TERMS

Carefully review these Terms of Use and, if you do not agree with them, you are not permitted to access or use the Site, Content or Services and you should exit the Site, cease using any or all of the Site, Content or Services immediately and, if you have downloaded or installed any of the Content on to your devices, uninstall the Content from such devices immediately. DO NOT USE THIS PLATFORM (SPOTCARE) FOR MEDICAL EMERGENCIES.  If you have a medical emergency, call 911 immediately or attend the emergency room of the nearest hospital or health centre. Under no circumstances should you attempt self-treatment based on any content of the Platform. SpotCare and our pharmacy partners make no representation that the Platform is appropriate or available for use outside Canada.

You agree to use the SpotCare online experience for lawful purposes only. By accessing the site, submitting information to us or downloading, installing or using any of our Content or Services you accept these Terms of Use. If you do not accept these Terms of Use you must not submit information to or register an account with us, access the Site or download, install or use any of the Content or Services. If you are a Minor, you are not permitted to access or use the Site, Content or Services and you must exit the Site and cease using the Site, Content and Services immediately and have a parent or guardian access or use the Site, Content and Services on your behalf.

You agree to use SpotCare and the services of our local pharmacy partners and our partnering medical clinics in a way that is not disruptive to other users (spamming, flooding, defacing any part of the SpotCare services and other disruptive actions are prohibited). You agree to not use the SpotCare services to communicate any unlawful, harmful, offensive, threatening, abusive, defamatory, vulgar, obscene, racist, hateful, sexually explicit, fraudulent content or any material that encourages conduct that would constitute a criminal offense or violate applicable laws. Users agree to not post or transmit any virus or corrupt code that is potentially harmful and is intended to damage the operation of the SpotCare software, hardware or operations. We reserve the right, acting in our sole discretion and at any time, to revise these Terms of Use, including the Privacy Policy (defined below). We will give you notice of such revisions by posting the revisions to the Site. It is your responsibility to ensure that you are aware of the current Terms of Use when you access or use the Site, Content or Services. If you continue to access or use any of the Site, Content or Services after any revisions to these Terms of Use are posted, you will be deemed to have accepted those revisions.

SpotCare reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:

  • modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Content or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms;
  • make changes to any fees or charges, if any, related to your use of the Site, Content or Services;
  • make changes to the equipment, hardware or software required to use and access the Site, Content or Services; and
  • interrupt the Site, Content or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.
  • reserves the right, at any time and without notice or liability to you, to update, modify or reset certain parameters of the Site or Services any of which may impact your use of the Site and/or Services.  

Laws and Regulations:

Your access to and use of the Site, Content or Services is subject to all applicable international, federal, provincial, state and local laws and regulations.

Your Account and Use of Services:

In order to use SpotCare services, you must provide accurate, current and complete information about yourself to SpotCare and our pharmacy partners. In order for you to register an account with SpotCare and utilize the services to the fullest we require and collect the following data:

  • your and/or patient’s name
  • date of birth
  • Sex at birth
  • phone number
  • shipping address
  • credit card information
  • insurance information (or image of card)
  • primary identification such as a driver’s license or government ID (image of card)
  • personal health number
  • allergies
  • medications
  • medical conditions
  • username and password (the “Login Information”)
  • We may also gather other non-personally identifiable information such as medication adherence statistics and location data.

By providing this information you to grant express consent to SpotCare, our partnering medical clinics and our pharmacy partners to contact you through the telephone number provided. This Login Information will be retained and used by SpotCare in accordance with our Privacy Policy. You agree that all Login Information provided by you will be accurate and complete and that you will promptly update such Login Information if and when it changes. All data accessed and disclosed is within accordance with the Personal Information in accordance with the Canadian Personal Health Information Protection Act (PHIPA).

You are responsible for protecting the confidentiality of your Login Information, and for restricting access to your computer, device or media system platform, and you agree to accept responsibility for all activities that occur under your Account.  You are not permitted to share your Account(s) or Login Information or to allow any other person to access to your Account(s).  You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Login Information or your Account(s), or any other security breach involving your Account(s) or the Site or Services at hello@digipharm.ca.  We are not responsible for any unauthorized access of your Account(s) or Login Information even if you have advised us of such.  You are responsible for all activities that occur under your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you.  SpotCare strives to ensure the security of users’ data and Accounts, however, we will not be liable for any damages that arise from the failure to secure your personal account information.

Accessing your Account(s)

Each time that you log into and access an Account, you represent and warrant that:

  • you are the person who registered the Account;
  • all of the personal information registered in connection with the Account is current, complete and accurate;
  • you are accessing the Site and using the Services solely for lawful purposes and in strict compliance with these Terms of Use;
  • you are accessing the Site or Services solely for your own personal, non-commercial purposes;
  • you are not, and are not acting on behalf of, any competitor or prospective competitor of SpotCare or its affiliates or subsidiaries;
  • you are not accessing the Site or Services for the purposes of any dispute or litigation involving SpotCare; and you are not accessing the Site or Services for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose.

Family Members and Caregivers:

You may add a family member or caregiver to your Account as your Patient Representative for the purpose of that Patient Representative managing your prescriptions and Services on your behalf. You are responsible for ensuring that the contact information for this Patient Representative is current, complete and accurate. The act of adding a Patient Representative/Family Member to your account will give access and constitutes deemed consent for that individual to manage your prescriptions and Services on your behalf. This Patient Representative will then be contacted by your local pharmacy partner and asked to provide his or her consent to be your Patient Representative. This Patient Representative must not be a minor. After this process is completed, your Patient Representative will have the ability to manage your prescriptions and Services as an additional user whose Account is added to your Account

You may also add a family member or person to whom you are a caregiver or representative to your Account for the purposes of managing this user's prescriptions and Services as a Patient Representative. If this user is an adult, you must provide his or her basic contact information as our pharmacy partner will contact them in order to confirm you are their caregiver and/or representative. You are responsible for ensuring that the contact information for this user is current, complete and accurate. By adding a user to whom you are a caregiver or representative to your account, you are deemed to consent to being a Patient Representative for this user. This user if an adult will then be contacted by your local pharmacy partner and asked to provide his or her consent for you to be his or her Patient Representative. You may also act as a Patient Representative for a minor to whom you are a parent or legal guardian. The minor's consent is not required. After this process is completed, you will have the ability to manage the user's prescriptions and Services through your Account.

Service Monitoring and Suspension:

SpotCare may monitor, terminate or suspend your Account or our Services at any time. SpotCare may immediately, and without prior notice, terminate your ability to access each or both of the Site or Services or portions thereof for any reason including, without limitation: (i) if you violate or otherwise fail to strictly comply with any term or provision of these Terms of Use; (ii) if we have determined that your use has created or potentially created risk or legal exposure for SpotCare; or (iii) in response to requests by law enforcement or other government agencies.  SpotCare reserves the right to suspend or terminate access to your account and the use of SpotCare services without notice if it is in violation of these Terms of Use or if it is deemed harmful to SpotCare’s interests.

Following any suspension of Services or termination of your Account, upon request, SpotCare will transfer your prescription to a pharmacy licensed in Canada of your choosing as long as the drug is not listed as non-transferable by the respective college of pharmacy legislations, and the transfer occurs between a registrant and another registrant or an equivalent of a registrant in another Canadian jurisdiction.

Communication:

You agree to be contacted by authorized SpotCare, our partnering medical clinics and our local pharmacy personnel at the phone number listed in your SpotCare profile. You may be contacted for all prescription filling and delivery related purposes. Standard phone rates may apply. You consent to receive telephonic communications from SpotCare and electronic communications either in the form of primarily SMS, followed by Facebook Messenger, Instagram Messenger, push notification to your mobile or electronic device. You acknowledge and agree that any Electronic Communication shall satisfy any legal requirement that such communication or notification be in writing.  Upon registering an Account, you may receive Electronic Communications in the form of a SMS.  You can opt out of these Electronic Communications at any time by SMS messaging STOP as stated in the first message you receive from SpotCare.

Placing an Order and Delivery with SpotCare:

After a patient has registered their Account with SpotCare they are eligible to place a prescription, and/or health store order along with other actionable items within SpotCare. All patients have the ability to request delivery. If a patient is located within the catchment area where their local pharmacy can deliver via their own delivery service, the prescription(s) or health store item will be delivered via the local pharmacy’s delivery driver. If the local pharmacy is unable to deliver with their own delivery driver, the pharmacy will deliver the medications via Canada Post. If your medications or health store products is sent via Canada Post, then you will be provided a tracking number to monitor your package’s location and expected delivery date. We will ship your medication in discreet packaging to protect your privacy and use tamper evident seals for security. All medications or health store products delivered from SpotCare require a signature upon delivery unless you have spoken with your local pharmacy and there has been documentation stating that you have opted out of the requirement of signature on delivery.

Scheduling a provider visit with SpotCare:

After a patient has registered their Account with SpotCare they are eligible to book an appointment with our partner medical clinics. Once the appointment request has been made in SpotCare, our partnering medical clinics will message you regarding your appointment date and time. Your appointment with our partnering medical clinic may be delayed by up to 1 hour.  If your appointment results in a new or renewed prescription you are NOT obligated to have the medication filled by a SpotCare partnered pharmacy, however you must let the clinic know you would like your prescription faxed to a different pharmacy.

Payment Procedure

SpotCare pharmacy partners will sends you an invoice following any order for prescription or health product, which includes the cost of your prescription and any health store items. No charges are made without notifying you or your Patient Representative first and an Electronic Communication is sent before every shipment with the included items. SpotCare pharmacy partners accept all major credit cards. We will charge your portion (if applicable) to the Visa, MasterCard or American Express you provide at the time of joining. It is your responsibility to make sure you pay your portion for your prescription and cover the cost of any over-the-counter products you purchase or your Patient Representative purchases on your behalf from SpotCare and our pharmacy partners. If you cannot make a payment call our pharmacy partners. SpotCare pharmacy partners work with all major insurance plans. We will confirm your coverage when you sign up for SpotCare. Any outstanding balance after applying the pharmaceuticals coverage under your insurance will be charged to you as a copayment. Before charging you will be notified via SMS. You will also be provided with a receipt for each prescription dispensed. When you make a purchase or your Patient Representative makes a purchase on your behalf, you or your Patient Representative must designate and provide information about your preferred payment method, including your insurance information and applicable credit card information for any copayment (“Payment Method”). If you or your patient representative does not provide applicable payment information for copayment, delivery of the medication will not be authorized. In this event you may only receive your medication if you input your applicable payment information, or you pick up the medication from the local pharmacy and pay in store. When you provide any payment account information to SpotCare and our pharmacy partners, you represent to SpotCare and our pharmacy partners that you are the authorized user of that payment account or insurance policy. The initial claim will be directed to your drug plan first and to a spouse’s insurance plan second. You should submit claims for dependent children first to the plan of the spouse whose birth date is earliest in the year. If you have any prior authorizations, our pharmacy partners will work with your doctor and insurance company to handle it. We’ll be in touch with you so that you know how long the process will take. By making a purchase, you agree to pay any fees or other incurred charges that apply to the products or services purchased.  This information must be complete and accurate, and you are responsible for keeping it up to date.  You hereby expressly authorize us to collect from your Payment Method the appropriate fees charged for the purchases you or your Patient Representative elect to make. All fees due for purchases are payable at the time of purchase and will be billed automatically to the Payment Method when the purchase is made.  SpotCare pharmacy partners may, in its sole discretion, accept or reject an order you have placed.

Liability Limitations:

In no event will SpotCare or our pharmacy partners be liable for any decision made or action taken with regards to the information provided via SpotCare services. You use any information accessed via the app at your own risk. In no event or circumstance will SpotCare or our pharmacy partners be liable for any indirect, punitive, incidental, exemplary or consequential damages that result from the use of, inability to use SpotCare services. These exclusions apply to loss of profits, good will, lost data, any other commercial damages, negligence or malpractice, even if SpotCare or our pharmacy partners have been advised of or should have known the possibility of such damages. You assume total responsibility for the use of the SpotCare services. Your sole remedy against SpotCare and our pharmacy partners for any dispute is to stop using SpotCare and the cancellation of all SpotCare services.

Indemnity:

You agree to hold harmless, defend and indemnify SpotCare and our pharmacy partners, and our subsidiaries, our employees, officers, directors, suppliers, partners, shareholders from and against claims, including any expense arising from losses, damages, suits, litigation costs and attorney’s fees, made by any third party that may arise from (a) The breach of the terms of use of our privacy policy, (b) Your use of SpotCare services, (c) your violation of laws and regulations, or by our gross negligence or willful misconduct.

VIOLATIONS OF TERMS OF USE

You agree and acknowledge that SpotCare may, in its sole and absolute discretion and without prior notice to you, terminate or suspend your access to the Site and your use of SpotCare products and services, or any portion thereof, and cancel your Account if SpotCare has reason to believe that you have failed to strictly comply with these Terms of Use or that the use of the Site by you violates the rights of any third party or any applicable laws.  In addition to the foregoing, SpotCare reserves 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 SpotCare other remedies, you hereby consent to, and authorize SpotCare to obtain, an injunction or other equitable relief from any court of competent jurisdiction.  You further authorize SpotCare to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.

Governing Law

The Terms of Use shall be deemed construed, governed and enforced with the laws of the Province of British Columbia, Canada, without giving effect to any conflicts of law statutes. Any and all disputes you may have with SpotCare and/or, our partnering medical clinics or our pharmacy partners that cannot be resolved, shall be resolved individually, without resort to any form of class action.