Terms Of Service 

Terms of Service

Please read these terms and conditions of use carefully before using our service and related application and website.

These terms and conditions apply to your use of Nodens Health's client application (the App), the cloud-hosted rules engine (the backend), and the website located at nodenshealth.com (the Site). The App, the engine, and the Site are collectively referred to as the “Service”. This policy outlines our commitments and explains the rights you have regarding your personal information. If you do not agree to these terms and conditions, please do not use the App. References to “Nodens Health”, "COMPANY," “we,” or “us” refer to Nodens Health 

Intended Users

The Service is available only to users who are eligible to operate pharmacies according to local (municipal & provincial) and federal laws, including but not limited to age restrictions. Under no circumstances should the Service be used by individuals under 18 years of age, and we will not knowingly allow any person we know to be in this age group to use our services.

If you choose to share your account information with a pharmacy employee (assistant, technician, or any other eligible employee) or allow them to use Nodens Health services on your behalf, you are responsible for all actions performed by the pharmacy employee bound by these terms. Nodens Health will assume all actions are performed by you or on your behalf by an authorized individual.

You may not provide access to or use the Service for the benefit of third parties or make commercial use of the Service or related content; however, you may use the Service for your personal use subject to this Agreement. Use of and access to the Service is void where prohibited. By accessing and using the Service, you shall ensure that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Service will comply with and not violate any applicable law, regulation, order, or guideline; and (d) you consent to receiving messages and promotional material offering in-Service purchases.

Modifications of this Agreement

We reserve the right to update or modify this Agreement partially or in full at any time. By continuing to use the Service after any such changes, you agree to follow and be bound by this Agreement as changed. We encourage you to periodically review this Agreement. We reserve the right to update the monthly fees at any time, and by continuing to use the Service after any such changes, you agree to this Agreement as changed.

Disclaimers

Your use of any aspect of the Service is at your own risk. The pharmacy owner, pharmacist, pharmacy assistant, technician, or other pharmacy employee is responsible for conducting due diligence as required by applicable laws, regulations, orders, or guidelines. The Service provided by Nodens Health is a recommended course of action and should not be considered compulsory; user discretion is advised.

Every effort is made to include updated provincial drug plan rules and regulations, but Nodens Health does not guarantee full coverage at any time.

Nodens Health is not responsible for the security of your data, including your personal information. You shall bear all responsibility for any breach, illegal access, loss, and/or corruption of such data.

Nodens Health does not provide medical advice of any kind. The alerts should not be used to diagnose, treat, cure, or prevent any disease or ailment. Nodens Health can only suggest billing-related corrections.

We cannot accept any liability whatsoever for any actions taken by pharmacy staff in response to the suggested course of action recommended by Nodens Health. Alerts provided by Nodens Health are taken at your sole risk. You should always verify any information provided in accordance with governing regulations.

We will investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Service. Please note that we will fully cooperate with any law enforcement investigation or court order directing us to disclose the identity, behavior, or activities of anyone believed to have violated this Agreement or engaged in illegal behavior.

You may request termination of your account at any time and for any reason. Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership and limitation of liability), including all those obligations that are intended to survive the suspension or termination of your account.

This Terms and Conditions becomes effective once you allow the installation of Nodens Health's service on your computer.

Technology Support

We do not warrant or guarantee that the Service will function with your computing device or be compatible with the hardware or software on any devices. We cannot guarantee that the App will be error-free, timely, or secure. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Service.

Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, reliability, completeness, quality, performance, suitability, or timeliness of the Service, Content, including software, text, graphics, links, or communications provided on or through the use of the Service; or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools concerning the Service.

We have no obligation to provide technical support or maintenance for the Service.

Although we take reasonable measures to keep the Service free of viruses, worms, Trojan horses, or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Service will be free of such contaminations.

User’s Responsibilities

If you submit any information to us through or related to the Service or send us any business information, feedback, idea concept, or invention via email, you shall ensure that such information is not confidential and that you have all necessary permissions to submit or otherwise make such information available.

You further agree that:

  • You will not reproduce, duplicate, copy, sell, resell, or exploit the Service, its Content, its software, or any portion of any of the foregoing.
  • You will not use the Service for any purpose in violation of local, provincial, national, or international laws.
  • You will not solicit another person’s password or personal information under false pretenses.
  • You will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity and/or use or access another user’s account or password without permission.
  • You will not violate the legal rights of others, including defaming, abusing, stalking, or threatening users.
  • You will not infringe on the intellectual property rights, privacy rights, or moral rights of any third party.
  • You will not post or transmit any Content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material.
  • You will not publish falsehoods or misrepresentations, including with respect to any medical or health information.
  • You will not post or transmit any Content that is (or you reasonably believe or should reasonably believe to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry), or otherwise inappropriate to the community ethos of the Service.

You agree not to interfere or attempt to interfere with the proper working of the Service or to disrupt its operations or violate its security. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all user responsibilities and obligations as stated in this Agreement. Non-enforcement or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such terms at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.

NO LIABILITY

In no event will Nodens Health be held accountable for any incidents resulting from the use of the Service, including but not limited to direct, indirect, punitive, and consequential damages arising out of the use or inability to use the Service.

In no event will Nodens Health be liable to you in any manner whatsoever for any decision made or actions or non-actions taken by you in reliance upon the content provided through the Service.

License Grant

We hereby grant you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use our Service, subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or unrestricted under any applicable law or regulation, you are granted permission to use one copy of the App on each computing device that you own or control for a single pharmacy. You may not distribute or make the App available for use by others. Under this license, except to the extent that any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the App, you may not:

  • Lend, rent, lease, sell, redistribute, assign, sublicense, or otherwise transfer the App or the right to use the App.
  • Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the App, any App updates, or part of the App or updates, or attempt to do any of the foregoing.
  • Copy, modify, or create derivative works of the Service or App.
  • Remove any copyright or other proprietary notices from the App, documentation, part of the App, or from the Site.
  • Transfer the Content or material from the App or Site to anyone else or “mirror” the same on any server.
  • Circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict the use or copying of any content.
  • Use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service.
  • Harvest, collect, or mine information about other users of the Service.
  • Post or transmit any virus, worm, Trojan horse, or other harmful or disruptive element.
  • Violate any applicable law, rule, or regulation.

If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.

Ownership

Nodens Health and its licensors own the Site, Documentation, and App, including any material or Content made available through the Service, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit, or otherwise use any material made available in the Service. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party. Nodens Health reserves the right to integrate and collaborate with other third parties in the medical, pharmaceutical, or health technology field without notice. Nodens Health may analyze geographic, demographic, or medical data to determine efficiency patterns and optimizations.

Infringement

We accept no responsibility or liability for any material provided or posted by a user at their sole discretion. We will make a reasonable effort to monitor and moderate the content posted by users for any obvious illegal content. If you believe that something appearing on or about the Service infringes your copyright, you may send us notice requesting that it be removed or access to it blocked. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to info@nodenshealth.com.

Termination

This Agreement is effective until termination by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Service. You must contact us to stop the monthly charges, starting from the charge happening after the termination of the mutual agreement. If you violate this Agreement, our permission to you to use the Service automatically terminates. We may, at our sole discretion, terminate this Agreement and your access to any or all of the Service, at any time and for any reason, after notifying you, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon termination of the Agreement by either you or us, you must promptly uninstall the App on all your devices and destroy all materials downloaded or otherwise obtained from the Service, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Disclaimers, Ownership, Limitations on Liability, Choice of Law and Forum, Entire Agreement, and Severability.

Choice of Law and Forum

This Agreement shall be governed in all respects under the laws of the province of Ontario, exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you irrevocably agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada.

Entire Agreement

This Agreement constitutes the entire agreement between you and us pertaining to the subject matter hereof. Anything contained in or delivered through the Service that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. This agreement may be superseded by any terms by Nodens Health.

Severability

If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited, or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect.

Assignability

You agree that this Agreement and all incorporated agreements between you and us may be assigned by us, at our sole discretion, to any third party.

Contact Information

All notices to you relating to this Agreement shall be posted on the Service or sent to you at the email or physical address, if any, that you provided to us. All notices to us relating to this Agreement may be made either by email to info@nodenshealth.com or in writing and sent to the following: Attention: Nodens Health, 813 Indica street, Stittsville,Ontario, K2S2M7. Notice shall be deemed given when notice is posted on the Service or when the email is sent, unless the sending party is notified that the email address is invalid.

 

Have a question? Not sure exactly what we’re looking for or just want clarification? We’d be happy to chat with you and clear things up for you. Anytime! info@nodenshealth.com