Terms and Conditions of Use for the Lumino Health™ platform, with technology provided by Pillway
These Terms constitute the entire agreement between you and Pillway with respect to the use of the Services, superseding all prior or contemporaneous communications, whether electronic, oral, or written, between you and Pillway with respect to the Services. These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representation on our behalf. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of Pillway to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event of any conflict between these Terms and any other agreement you may have with Pillway, the terms of such other agreement shall control.
Welcome to the Lumino Health™ platform that provides online access to pharmacy services from Pharmacie Abd-El-Monem Osman, Inc. (the Pharmacy) which is owned by Abd-El-Monem Osman, is a Quebec pharmacist registered with the Ordre des pharmaciens du Quebec. Simpill Health Group Inc. (“Pillway”) is an independent provider that offers the secure Lumino Health™ platform (Secure Platform) for Quebec residents. This Secure Platform allows you to interact with healthcare professionals associated with the Pharmacy and receive independent professional services such as prescription fulfillment and other pharmacy services.
Your use of the Secure Platform, if any, will be governed by the Secure Platform Terms & Conditions. Additionally, the services of the Pharmacy may be subject to their terms and conditions. Please inquire with the Pharmacy about this.
Pharmacy services
When using the Secure Platform, you will have online access to pharmacy services directly by the pharmacists who are acting on behalf of Pharmacie Abd-El-Monem Osman, Inc. (the “Pharmacists”) to fulfill medication which include dispensing, counceling and shipping of medications (Pharmacy Services). If you provide your insurance details, the Pharmacist will submit your drug claim on your behalf where applicable. If you provide your health card information, the Pharmacist will direct bill your provincial health plan, where applicable.
In addition to medication fulfilment, pharmacist consultation services, which involve a range of health management and advisory services provided by the Pharmacists may be provided. This includes medication reviews, management of various chronic conditions, and the provision of general health information. The Pharmacists are equipped to assist with personalized medication management, helping patients understand their medications, and offering advice for managing their overall health. These services are designed to support patients in making informed decisions about their health and medication needs. By using the Secure Platform, you agree to have your medications filled from the central fill location of the Pharmacy. Pillway is also fully compliant with the Personal Information Protection and Electronic Documents Act (PIPEDA).
No-Pharmacist-Patient Relationship
Use of the Secure Platform does not establish a pharmacist-patient relationship. A pharmacist-patient relationship will only be established following communications between you and one of the Pharmacists directly.
Health Information Disclaimer
The information available on the Secure Platform is for informational purposes only and does not constitute, and is not intended to be, a substitute for, professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. The content on the Secure Platform is not a substitute for a consultation with a healthcare professional. Only a healthcare professional can diagnose or treat a health problem. You are responsible for checking information about the dosage, precautions, warnings, interactions, and contraindications of any drug, natural health product, tool, or method discussed on the Secure Platform before administering or using them. Please read carefully the inscriptions, warnings and pamphlets provided by the manufacturer and consult your pharmacist when purchasing such drugs or natural health products. Please keep medications and natural health products out of the reach of children at all times. Pillway is not responsible for any consequences arising from the implementation of the general information and advice relating to healthcare presented on the Secure Platform.
By accessing and using the Secure Platform, you agree to be bound by the following terms and conditions:
Services Offered
Users may choose to interact with healthcare professionals from the Pharmacy to order medications online via the Secure Platform. The Pharmacists will review your medication history and ensure that your prescription is filled in accordance with all applicable laws and regulations.
When you order medications through the Secure Platform, you represent and warrant that you have the right to do so and that the information you provide is accurate and complete.
You must have a valid prescription from a physician or other healthcare professional licensed to practice and prescribe medications in Canada. In all cases, the Pharmacist will use their professional discretion in dispensing medications and they may require additional information from you or your prescriber before releasing a dispensed prescription.
Privacy and Confidentiality
Pillway takes the privacy and confidentiality of your personal and medical information seriously. Please refer to our privacy policy, pillway.com/policy for more information on how we protect and use your information
Payment
We accept payment for medications through the Secure Platform. Payment options include credit card, private insurance and provincial insurance. You agree to pay for all medications ordered through the Secure Platform in accordance with the prices and payment terms specified at the time of your order that remain outstanding after the application of benefits where applicable. You are responsible for covering the co-pay or any other amount that is not covered by your applicable benefits or insurance plans. We are not responsible for resolving disputes regarding insurance coverage, in the event of a dispute about the application of your applicable benefits or insurance plan, please contact your plan administrator and for provincial health insurance please contact the responsible ministry.
Shipping and Delivery
Pharmacie Abd-El-Monem Osman, Inc. ships medications to patients through standard shipping services. You are responsible for providing accurate and complete shipping information, and you agree to be responsible for any consequences resulting from incorrect information provided to us through the Platform, including but not limited to an incomplete shipping address. Further, you may be required to provide valid ID and a signature at the time of delivery, if you refuse to do so, the delivery partner will deny delivery and return the parcel at your expense.
E-mail/Push Notification
By using the Secure Platform, you agree to receive email/push updates from “Lumino Health™ Pharmacy” regarding the status of your orders, in addition to other relevant information including but not limited to information about new Secure Platform features or promotions. You can opt-out of these email updates at any time by clicking on the unsubscribe link in the applicable email. Please note that if you opt-out, you may miss out on important updates regarding new features for the Secure Platform. Note that even where you unsubscribe from new updates, you will continue to receive notifications on updates regarding your orders as applicable, including delivery updates.
Use of the Secure Platform
By using the Secure Platform, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use the Secure Platform for online Pharmacy Services provided by the Pharmacy.
Minors
If you are under the age of sixteen (16) you are not permitted to access or use our Platform or Services. If you are between 16 and 18, you must have the permission of a parent or guardian, and they must accept the terms on your behalf. If you create an account as the parent or legal guardian on behalf of a minor, you are fully responsible for complying with these Terms.
Changes to the platform and the Pillway website
We may make changes to Secure Platform, or our website, www.pillway.com (the “Website”) at any time and without notice. The Secure Platform and Pharmacy may also discontinue any aspect of its service, including the Pharmacy Services, the Secure Platform or the Website at any time and with reasonable notice.
User Account
You are required to create an account to use our Secure Platform. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account. You are prohibited from transferring your user account to someone else. However, you may grant a caregiver access to your account, by doing so you will be granting the caregiver the ability to fill orders on your behalf and communicate with the Pharmacists on your behalf. You may request deletion of your Account directly on the platform or by submitting an email request to the support email noted below. You agree to notify us immediately if you suspect any unauthorized access of your account at privacy@pillway.com. Please note we are not responsible for any unauthorized access of your account. When you register or update an account, you will be required to provide us with certain personal information. This personal information will be retained and used by us in accordance with our Privacy Policy. You agree that all personal information you provide to us will be accurate and complete.
Feedback submitted by user
By submitting feedback or other content to us concerning the operation of the Secure Platform, you grant us a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, copy, modify, create derivative works based on, publicly display, publicly perform, and otherwise exploit in any manner such submissions in all formats and distribution channels now known or hereafter devised (including in connection with the Pillway and its business), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
Disclaimer of warranties
The Secure Platform is provided "as is'' and without warranty of any kind. Pillway does not warrant that the website, mobile app, or service will be uninterrupted or error-free, and Pillway will not be liable for any interruptions or errors.
User Conduct
You agree to use the Secure Platform only for lawful purposes and in a manner that does not infringe on the rights of, or restrict or inhibit the use and enjoyment of the Secure Platform by, any third party. You agree not to use the Services to transmit or post any material that is abusive, defamatory, harassing, obscene, fraudulent, or otherwise violative of any law.
Intellectual Property
Pillway and its licensors retain all proprietary rights in the website and mobile app, including all trademarks, trade names, patents, copyrights, and other intellectual property rights. You agree not to use any of our intellectual property without our prior written consent.
Termination
Pillway reserves the right to terminate your use of the Secure Platform at any time for any reason and shall provide you with reasonable notice of termination, where possible. If any aspect of the Secure Platform is terminated, you may still continue to receive Pharmacy Services from the Pharmacy or transfer to another pharmacy. To continue to get Pharmacy Services from the Pharmacy, you will need to call the Pharmacy directly.
Violation of Terms of Use
Pillway may immediately terminate, cancel or suspend your account if we have reason to believe that you have failed to comply with these terms and conditions. Pillway reserves the right to pursue all remedies available at law for violations of these terms and conditions. As monetary damages may not suffice, you hereby consent to, and authorize Pillway to obtain an injunction or other equitable relief from any court of competent jurisdiction. You also authorize Pillway to disclose your personally identifiable information where reasonably necessary following your violation of these terms and conditions.
Changes to terms and conditions
We may make changes to these terms and conditions at any time. Where we make a material change to these terms and conditions, we will provide you with notice. Your continued use of our service after any changes have been made constitutes your acceptance of the new terms and conditions. For clarity, where we make a material change to these terms and conditions and provide you with the requisite notice, you will not be able to use the Services until you have accepted the new terms and conditions as applicable.
Limitation of liability
To the fullest extent permitted by law, Pillway, its officers, directors, employees, agents, licensors, and suppliers will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from the use of the Secure Platform or from any information, services, products, or other material available through the Secure Platform, including, without limitation, damages for loss of profits, business interruption, loss of programs or data, or otherwise. This limitation of liability applies regardless of the form of action, whether in contract, strict liability, tort (including negligence), or otherwise, even if Pillway has been advised of the possibility of such damages.
Indemnification
You agree to indemnify and hold Pillway, its officers, directors, employees, agents, licensors, and suppliers, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Services.
You agree to indemnify, hold harmless, Pharmacie Abd-El-Monem Osman Inc. and its affiliated and related companies, and their respective officers, shareholders, directors, employees, agents, and other representatives, from and against any and all suits, remedies, costs, claims, damages, demands, liabilities, losses, and expenses (including judicial or extrajudicial fees and other disbursements) arising from or relating to your use of the Website or your violation of these Terms.
Third Party Websites and Viruses
Our Secure Platform may contain links to third party websites. Please note that access to any linked site is at your own risk. Pillway and the Pharmacy. are not responsible for the policies, practices, and operation of any linked sites, and expressly disclaims any and all responsibility and liability to you if you use or access a linked site.
Dispute Resolution
Any disputes arising out of or relating to these Terms and Conditions or the use of the Secure Platform shall be resolved through binding arbitration in accordance with the Arbitration Act (Ontario). The arbitration shall be conducted by the Ontario International Commercial Arbitration Centre in Toronto, Ontario.
Governing Law
These Terms and any dispute arising out of or relating to these Terms and Conditions or the use of the Secure Platform shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law.
Privacy and Your Personal Information
Please review our Privacy Policy at www.pillway.com/policy which describes the manner in which we collect, use, store and disclose your personal information. By accessing or using our Secure Platform or otherwise accepting or agreeing to these Terms and Conditions, you fully and completely agree to the terms and conditions of our Privacy Policy and to any terms and conditions incorporated therein by reference.
Contact Information
If you have any questions about these Terms, please contact us at privacy@pillway.com
These Terms and Conditions were last updated on April 5, 2024.