Specified below are the terms of services/terms of Sale (the “TOS”) which apply to your use of the healthelearning.ca website (the “Website”) owned and operated by Pear Healthcare Solutions Inc. (“Company”), and to the purchase of any goods or service (collectively “Products”) you may make through this Website. Please read the TOS carefully before using this Website or purchasing such Products. By using the Website and/or by accessing or paying for any Products from the Website, you agree to the terms and conditions set out in this Agreement.
2. Description of Website Service. Company currently provides users with access to a rich collection of resources through this Website, including various communications tools, databases of information, collections of expressions, forums, testing and assessment tools and programs, and content (the "Website Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Website Service, including the release of new Company sites and features, shall be subject to the TOS.
3. Your obligations as a member. In consideration of your use of the Website Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website Service (or any portion thereof).
4. Member account, password, and security. You select a username and password upon completing the Website Service's registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. Product Purchases. Products can be purchased online through the Website using a secure credit card transaction using certain major credit cards accepted by Company. The ecommerce functionality on the site has been provided by Moneris which is a trusted name in online transaction processing. When you supply your credit card information it is not retained on file by us. Moreover, the transaction takes place on the Moneris (our payment processor) secure server. When you buy any of our services, it is treated as a one time sale and your credit card will not be charged again in the future as is the case in subscription sales. The credit card or other payment information you give to purchase or license Products provided through this Website must be accurate and complete. This information will be used to charge you for any purchased or licensed products or services on this website. Company or its suppliers reserve the right, in their sole discretion, to make any necessary updates, modifications and adjustments at any time without prior notice to product descriptions, warranties and prices due to errors, product discontinuation, changing costs, new market conditions or any other business factor. All prices are in Canadian dollars unless otherwise indicated and are subject to applicable provincial and federal sales tax. Further details, terms and conditions may be provided at time of ordering. You will be informed of the total charges and asked to confirm the transaction before it is charged to your credit card. You are responsible for all fees and taxes incurred by you. Unless a refund policy is otherwise indicated at the time of purchase, all purchases are considered final as soon as the purchaser has access to the applicable course materials. You will also be responsible for paying all applicable shipping and handling costs when purchasing products that are not available through website access or downloading. Regardless of whether products may be accessible from our website for an extended duration following Your purchase, Company only guarantees that the information contained in any training program or product is current as at the date of purchase and does not undertake to update any online program or product once purchased or advise any purchaser that such information may be out of date.
6. Product License & Refunds. With respect to all continuing education modules, assessment and certification tests and any other online training program Products offered through this Website, and subject to the terms and conditions of this Agreement, upon purchase of such Product Company grants to You a limited, non- exclusive, non-transferable license (the “License”) to download, access, install and use such materials solely in accordance with any conditions which may be set forth in such materials and only for Your own personal use. All training and assessment modules/tests are non-transferable and non-assignable and may only be used by the person (including a company or other organization) purchasing same. Each such module/test may only be accessed and viewed by one individual. Company or Company’s licensors retain all title, copyright and other intellectual proprietary rights in, and ownership of, the materials regardless of the media upon which the original or any copy may be recorded or fixed. Company reserves the right to modify or cancel any Product or its schedule of fees at any time without notice. Company reserves the right to cancel any online training program at any time with or without notice to you. Should this happen after you have registered for a program Product but before the first time that you have accessed it, the purchaser will have the choice of a full refund or enrolment in a different online training program offer by Company. No refunds on educational training programs and assessment tests are available except where the product or program has been cancelled prior to you first accessing such program as described above. You shall not directly or cause any third party to: (i) sell, resell, redistribute or transfer any of the Products purchased on this Website to any person; (ii) modify, translate, reverse engineer (except to the limited extent permitted by law), decompile, disassemble, create derivative works based on, sublicense, or distribute any of such materials (iii) remove, alter or obscure any proprietary or copyright notice, labels, or marks on the components of the products or programs; or (iv) disable or circumvent any access control or related security measure, process or procedure established with respect to Products or any other part thereof.
7. Use of Coupons & Vouchers. (1) These Terms & Conditions (“Terms”) are applicable to all coupons, vouchers and gift cards (“Vouchers”) issued by Pear Healthcare Solutions Inc. (“Company”) for online purchases on the Company’s websites. Vouchers may be subject to additional usage rules that may be stated on or attached to a Voucher, or displayed in the relevant landing page on the applicable Company website. (2) Vouchers cannot be combined with each other but may be combined with other promotions and discounts. Only one Voucher can be used per order. (3) Vouchers must be used within the validity period stated on or attached to the Voucher. (4) If the amount of an order is lower than the face value of the Voucher, the difference will not be refunded. Each Voucher is for single use and has no cash value. Vouchers are not legal tender and are not transferrable or exchangeable for cash. (5) Company reserves the right to amend these Terms or to cancel any promotional offer at any time. In cases of dispute, the Company’s decisions are final.
8. Copyright and Trademarks. The name and mark "Health eLearning" is the trademark of Company and is owned by Company. All materials, including but not limited to video, images, audio, animation, diagrams, photographs and any and all information of any kind in any form (the "Materials"), incorporated into, published or otherwise exhibited on this Website are protected by copyright or other intellectual property rights and are owned and controlled by Company or third parties who have licensed Company the right to include the Materials in this Website. Any use of the Material for any purpose other than specifically stated on the Website, including but not limited to unauthorized forms of copying, reproducing, republishing, uploading, posting, modifying or transmission or distribution, is strictly prohibited and will be considered a violation of Company's intellectual property rights and could result in legal liability and/or criminal sanction.
9. User Conduct. You understand that all information that does not originate with Company, that is, any data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Website Service. Company has limited control of the Content posted via the Website Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website Service. You agree to not use the Website Service to:
(A). Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(B) Harm other members in any way;
(C) Impersonate any person or entity, including, but not limited to, a Company staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(D) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website Service;
(E) Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(F) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(G) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(H) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(I) Interfere with or disrupt the Website Service or servers or networks connected to the Website Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Website Service;
(J) Intentionally or unintentionally violate any applicable local, state, national or international law;
(K) "Stalk" or otherwise harass another; or
(L) Collect or store personal data about other users. You acknowledge that Company may not pre-screen Content, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Website Service. Without limiting the foregoing, Company and its designees shall have the right to remove any Content that violates this TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce this TOS;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of Company, our members and the public.
10. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
11. Indemnity. You agree to indemnify and hold Company, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Website Service, your use of the Website Service, your connection to the Website Service, your violation of this TOS, or your violation of any rights of another.
12. Links. The Website Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. General Information. This TOS constitute the entire agreement between you and Company, and govern your use of the Website Service, superceding any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Company shall be governed by the laws of the Province of Ontario. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure of Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Modifications & Maintenance to Website Service & Product Access. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website Service (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website Service. Company reserves the right to conduct regular maintenance on its computer systems from time to time which may interrupt access to some or all of the Website Service and/or Products. Company will provide at least 24 hours’ notice of such scheduled maintenance exercises. In addition, Company reserves the right to undertake emergency repairs to its computer systems as and when required without notice to users, although it will endeavour to communicate any service disruptions as soon as is practicable on its website. Company shall not be responsible for any omission or delay in providing any goods or services, including providing access to any online training programs, where such omission or delay is caused by an event beyond Company’s reasonable control, including, without limitation, fire, war, abnormal weather conditions, loss of power or connectivity, act of god, act of sabotage, labour dispute, governmental regulation, governmental request or requisition for national defence. Company will endeavour to notify users of any such omission or delay as soon as practicably on its website.
15. Termination. You agree that Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website Service, and remove and discard any Content within the Website Service, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Company may also in its sole discretion and at any time discontinue providing the Website Service, or any part thereof, with or without notice. You agree that any termination of your access to the Website Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Website Service. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Website Service.
16. COMPANY WARRANTIES & DISCLAIMER. Company warrants that all Website Service and Products are as described in the applicable product/course description in all material respects and that all information therein is current to the date of purchase/registration. With respect to purchased equipment, the manufacturer’s warranty as specified in the product documentation shall be applicable. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE SERVICE AND ALL PRODUCTS PURCHASED THROUGH THE WEBSITE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AND THAT OTHER THAN SPECIFIED ABOVE COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE WEBSITE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE WEBSITE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE SERVICE.
- Personal Information: Company collects personal information, such as name, address, phone number, email address, registrant professional designation category, pharmacist license number and other personally identifiable information, from its users (“Personal Information”) in order for users to establish a user account, which is necessary to access the services available on the Website. You will have the option not to provide certain information (such as employment and education history and areas of interest), however, withholding information may prevent you from being able to take full advantage of some of our unique Website features. Company will only collect and use such Personal Information solely for the purpose(s) disclosed by Company at the time of collection and only after the visitor has voluntarily agreed to such collection and use, by completing a user registration. Company will use your information to provide our services to its users. As a part of the service Company provides, we will communicate with users via e-mail and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. These communications may include third-party marketing messages, but your personally identifying information will not be provided to such parties as we are communicating with you directly. We use the information that you provide for such purposes as responding to your requests, customizing your future visits to our web site, and communicating with you through various means. On certain pages, you have the ability to order products, make requests, and register to receive various materials. In certain circumstances Company will require billing and shipping address as well as credit card information in order to process an online transaction such as the purchase of a Continuing Education (“CE”) Module test, course materials and/or certificate. Company also sometimes use email addresses to respond to users who communicate with us, to provide notifications to users regarding the status of their certification and to provide CE module completion certificates, professional training course completion certificates, reminders for upcoming clinic events etc. Users will also be contacted via email to promote various Company products, services and initiatives (such as new certification programs which the User may be eligible for), to request user feedback forms, and/or to participate in user polls/surveys. Users will be provided with opt-in options with respect to certain notifications not relating specifically to training and certification status, such as options for receiving updates from Company via the Website’s RSS feed, Twitter account, Facebook account, e-newsletters, etc. All emails from Company to its users include instructions on how to discontinue receipt of emails, newsletters and other communication from Company and users can discontinue such communication at any time. All Personal Information that may identify a visitor and has been collected with the visitor’s consent by Company is not disclosed in any identifiable form to any other party outside the Company except for the fulfillment of the specific purpose identified to the visitor at the time of collection. However Company may disclose such information in anonymous, aggregated and non-personally identifiable form to other parties for marketing, advertising or other purposes and to better understand visitor’s use of the Website.
- Anonymous Non-Personal Information: When users visit the Website, anonymous, non-personal information about their visit is automatically collected. Such information may include the length and date of the visit, how the visitor navigated the Website, what pages the visitor viewed, the type of browser being used by the visitor, the type of operating system used by the visitor and the domain name of the visitor’s Internet service provider. Company uses this Anonymous Non-Personal Information to track the success of its Website with its users and to better tailor the Website to users’ needs and interests. This Anonymous Non-Personal Information may be shared with other parties, such as advertisers, sponsors, Corporate Chains/Groups, pharmacist governing bodies, and other business partners and advisors.
- Protection of Users’ Personal Information: Company protects the Personal Information it collects with appropriate technological, physical and administrative safeguards to protect if from unauthorized disclosure or use. Access to Personal Information collected by Company is limited to authorized individuals and stored on its databases, which are protected by firewalls and are password-secured. Company retains the Personal Information only for as long as is required for the purposes identified at the time of its collection and consented to by the user providing it or as otherwise required by law. Once Personal Information is no longer necessary for the purposes consented to by the user, it is Company’s practice to delete it from its databases or systems or to convert such information to anonymous/aggregated data only.
- Linked Websites: This Website may be linked to other websites. These linked websites are not under the control of Company and are required to have their own privacy policies. Users should ensure that they read and understand how their Personal Information may be collected, used, and disclosed by the linked websites as Company is not responsible for and shall not be held liable for any procedures, policies or activities of any websites linked to the Website.
- Contact Us: If you have any questions, concerns or comments or if you wish to review, change, or remove your Personal Information from our database, feel free to contact us at email@example.com or by telephone at 1-416-236-9555 or toll free at 1-877-590-9555 or in writing at: Privacy Officer, Pear Healthcare Solutions Inc, 1625 Flint Road, Toronto, ON, M3J 2J6, Canada.
20. Contact Us. Any questions about Company’ TOS should be directed to firstname.lastname@example.org
Last Updated: October 15, 2018