Terms and Conditions
SUNSHINE DRUGS APP: TERMS AND CONDITIONS OF USE AGREEMENT (TCUA)
1. This TCUA is concluded between Sunshine Drugs and the Customer only, and not with TELUS (the APP Developer), and Sunshine Drugs not TELUS, is solely responsible for the Service.
2. This Service is not intended for medical use, for medical case management, or for diagnosis, treatment or cure. The Customer acknowledges that the Service does not provide medical or any other health care advice, diagnosis or treatment. The Service should not be considered a medical device or a replacement or substitute for the standard practices, professional judgment, skill and expertise of the health professional using them, but as a computer aid for the health professional. The absence of an alert (i.e., a technological alert by the Service) for a specific situation or a combination of specific situations should not be considered as an assurance that the specific situation or combinations of specific situations are without risk for any Customer. The Customer must always seek the advice of their physician or other qualified health provider with any questions they may have regarding a medical condition, diet, fitness or wellness program. The Customer must never disregard professional medical advice or delay in seeking it because of information they accessed on or through the Service.
3. The accuracy and completeness of Pharmacy Data within the Customer’s account is solely within Sunshine Drugs’ control and the Customer may not have access to their complete medical record, and therefore it may not always be accurate or up-to-date and should be viewed by the Customer as informational only.
4. The Customer acknowledges and agrees that:
a. the Service may be inaccessible or inoperable for any reason, including, without limitation:
(i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which TELUS may undertake from time to time; or (iii) causes beyond the control of TELUS or which are not reasonably foreseeable by TELUS, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to Customer’s Internet service provider, hostile network attacks, network congestion or other failures.
b. the Customer shall: (i) not, nor shall they permit or assist others to, use the Service for any purpose other than that for which they are intended and designed; (ii) not alter, tamper with or attempt to repair the Service; and (iii) not be entitled to resell the Service.
5. In using the Service, the Customer will not violate the terms and conditions set forth herein, which includes without limitation, that:
a. the Customer will not, or authorize or permit any other party to, use the Service to perform
any activity that violates any Applicable Laws and/or, if applicable, use the Service to transmit or send any inappropriate, improper, excessive, threatening or obscene material or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
b. the Customer will not engage in any activity that could compromise the security of or disrupt or interfere with the Service or any network or computers on the Internet or disrupt or interfere with the services of any third party;
c. the Customer will not invade anyone's privacy by any means including but not limited to, by
(i) misrepresenting the source of anything the Customer may post, including impersonation of another individual or entity; (ii) attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;
d. the Customer will not knowingly provide false or misleading information;
e. the Customer will not circumvent, decrypt or bypass any technology that is used to protect the Service;
f. the Customer will not perform any activity that would harm or disrupt another user's computer or would allow others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming; resell, rent or redistribute the Service;
g. the Customer will not disassemble, decompile, or reverse engineer any software included and/or used in the Service, except and only to the extent that the law expressly permits this activity;
SMS Notification Component specific terms and conditions:
h. the Customer will not transfer, resell, lease, license or otherwise make available the SMS Notification Component to third parties or offer it on a standalone basis;
i. the Customer will not attempt to use the SMS Notification Component to access or allow access to emergency services;
j. the Customer will ensure that its use of the SMS Notification Component provided hereunder does not violate the terms of this Contract, including the third party Acceptable Use Policy, which is available at the following address: https://www.twilio.com/legal/aup; and
k. the Customer will ensure that TELUS and its third party providers are entitled to use their Personal Information as needed to provide the SMS Notification Component.
6. The Customer is solely responsible for all activities that take place with their sign-in credentials (user name and password) and is responsible to ensure that the Customer and only the Customer uses their account. The Customer is responsible for maintaining the confidentiality of their credentials and is similarly responsible for all uses of the Service with such credentials whether or not such uses are actually authorized by the Customer. The Customer must immediately notify Sunshine Drugs if the security of their account has been compromised.
7. TELUS and its partners shall retain (i) all rights, title and interest in and to the Service (in object and source code forms), copies thereof and related materials.
8. THIS SERVICE IS PROVIDED ON AN “AS IS” BASIS AND THE CUSTOMER’S USE OF THE SAME IS AT THE CUSTOMER’S OWN RISK. SUNSHINE DRUGS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. SUNSHINE DRUGS DOES NOT WARRANT THAT CUSTOMER PORTAL WILL MEET THE REQUIREMENTS OF THE CUSTOMER OR THAT THEY WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.