TELUS Health Virtual Pharmacy Platform Terms and Conditions

Effective as of June 01, 2024

DO NOT USE THE PLATFORM OR PLATFORM SERVICES FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL OR HEALTH CENTRE.

The following Terms and Conditions (the “Terms”) govern your use (the term “use” will mean access or use, as applicable) of the Telus Health Virtual Pharmacy online platform, including through the Telus Health Virtual Pharmacy’s website (www.telus.com/health/virtual-pharmacy) and mobile application (the “App”) (collectively the “Platform”). The Platform provides you with the ability to create a personal account (“User Account”) at a Telus Health Pharmacy, Telus Health Virtual Pharmacy location and at the Pharmacy affiliated with TELUS Health Virtual Pharmacy(“Telus Pharmacy”) and receive pharmacy services, access to your prescription record and certain other health and wellness services from a Telus Pharmacy location (collectively the “Platform Services”). Please note that, in Quebec, the pharmacists practicing at Pharmacie Jérôme-Henri Lavoie (de Celles) Inc. are solely responsible for these activities.

These Terms form an agreement between Telus Health Solutions Inc., the owner and administrator of the Platform, for itself and on behalf of its wholly owned subsidiaries, each Telus Pharmacy subsidiaries or, in Quebec, the pharmacy(ies) affiliated with the TELUS Health Virtual Pharmacy(“Telus”, “we” or “our”) and you. The term “you” refers to the person or entity using the Platform or receiving any Platform Service. A copy of these Terms may be downloaded, saved and printed for your reference. By clicking “I AGREE” or similar electronic acceptance, you agree with these Terms. If you do not accept and agree to be bound by these Terms, do not use the Platform.

TELUS reserves the right to amend the Terms at any time by giving 30 days’ notice. Any notices regarding material modifications to these Terms, will be in a written form and provided to you: (i) by TELUS via email (in each case to the address that you provide); or (ii) via the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You are not obliged to continue using the Platform Services after an amendment to these Terms; however, in the event you choose to not accept the changes, you must immediately cease use of the Platform and the Platform Services and provide written notice to TELUS that you are terminating these Terms, effective immediately. Any balance owing on your account becomes due upon the effective date of termination. Your continued use of the Platform Services following any amendment shall be deemed to be your acceptance of the amended Terms, and a waiver of any additional notice requirements.

TELUS reserves the right to change any information, material or content contained on or provided through the Platform (the “Content”) at any time, and from time to time, without notice. Content does not include your Personal Health Information (“PHI”) or your Personal Information (“PI”).

Use of Platform

TELUS grants you a personal, revocable, non-exclusive and non-transferable license to permit you to use the Platform, including downloading and installing the App on your personal mobile phone device for the purpose of accessing the Platform Services in accordance with these Terms.

As a condition of your use of the Platform, you warrant that: (1) you have reached the age of majority in your jurisdiction of residence (except as otherwise provided in “Availability to Minors” below); (2) you possess the legal authority to create a binding legal obligation; (3) you will use the Platform in accordance with these Terms; (4) all information supplied by you on the Platform is true, accurate, current and complete; and (5) if you are accessing or using the Platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms.

The Platform is provided solely (the “Permitted Use”) to: (1) give you access to any services offered to you through the Platform; and (2) if applicable, facilitate any payments from you to a Telus Pharmacy in respect of your use of the Platform or the receipt of any goods or services through the Platform.

TELUS retains the right to deny access to anyone to the Platform or the Platform Services it offers, at any time and in its sole discretion, if TELUS deems that you have used the Platform in any manner contrary to the Permitted Use or if you have violated any of the Terms.

User Account

You can sign up for a User Account using the available interfaces within the Platform and setting up a password as login credentials, to use the Platform and receive any Platform Services. You will keep your password secure and will not share your password with anyone else, and you will not collect or harvest any personal data of any other user of the Platform, including account names or login credentials. TELUS reserves the right to disable any User Account issued to you at any time in the event of a breach of any of your warranties, representations or obligations under these Terms. If TELUS disables access to a User Account issued to you, you may be prevented from accessing the Platform, the Content and your account details. You must immediately notify TELUS if the security of your User Account has been compromised. TELUS is not required to confirm the identity or the access right of a user if such user uses your credentials. Non-personal and commercial service accounts are prohibited in the absence of additional signed agreements with TELUS that explicitly allow such account use.

You may not assign, transfer or sublicense your User Account and these Terms, by operation of law or otherwise, without TELUS’ prior written consent. Any attempt by you to assign or transfer your User Account or these Terms, without such consent, will be void and of no effect.

Availability to Minors

You must be at least 16 years of age to create a User Account, except in Quebec where you must be 14 years old of age. If you are between 16 and the age of majority in your jurisdiction of residence, except in Quebec where you must be 14 years old of age, you must have the permission of a parent or guardian and they must read and accept the Terms on your behalf prior to creating a User Account. You must also have the permission of a parent or guardian for use of their credit card for the payment of any related Fees. A TELUS Pharmacy licensed pharmacist (“Pharmacist”) reserves the right to assess whether a minor has the capacity to provide consent to receive pharmacy services and to the disclosure of his or her PI and PHI, on a case-by-case basis. If you create a User Account as the parent or legal guardian on behalf of a minor, you are fully responsible for complying with these Terms.

Prescription Requirements

TELUS only accepts original prescriptions for dispensing. The prescription must originate from your physician’s office by phone, fax or secure electronic transfer. TELUS cannot accept prescriptions by email. Depending on your location, you may submit an image of an applicable prescription to begin the fulfillment process. Images uploaded in the app are not considered a valid prescription unless accompanied by an original - in some situations we may contact you and/or your prescriber to collect a valid prescription. To learn how TELUS handles your personal information, visit the Privacy Policy. The requirements in this section are in addition to any other requirements under applicable laws. In all cases, the pharmacy staff at the Telus Pharmacy will use their professional judgement in dispensing medications and they may require additional information from you or your prescriber before releasing a dispensed prescription.

Location of Pharmacy Services

With the exception of Quebec residents, Your prescription and order may be dispensed and fulfilled at any Telus Pharmacy in accordance with applicable laws and the information regarding the Telus Pharmacy that dispenses your prescription will be set out on the prescription label. For clarity, the Pharmacie Jérôme-Henri Lavoie (de Celles) Inc. affiliated with TELUS Health Virtual Pharmacy located in Quebec shall be the only pharmacy responsible for pharmacy services mentioned in these terms and conditions namely but without limitations preparing prescriptions and fulfilling orders to be delivered to residents of Quebec; Telus Health Virtual Pharmacy Inc. located in Ontario is the default dispensing pharmacy responsible for preparing prescriptions and fulfilling orders to be delivered to residents of Ontario, New Brunswick, Nova Scotia, Newfoundland and Labrador and Prince Edward Island; 10082859 Manitoba Ltd. is the default dispensing pharmacy responsible for preparing prescriptions and fulfilling orders to be delivered to residents of Manitoba, Nunavut and Saskatchewan; and 1280504 B.C. Ltd. is the default dispensing pharmacy responsible for preparing prescriptions and fulfilling orders to be delivered to residents of Alberta, British Columbia, the Northwest Territories and the Yukon. Notwithstanding the foregoing, TELUS reserves the right, in its sole discretion, to change the Telus Pharmacy location that will be responsible for dispensing prescriptions and fulfilling orders to be delivered to specific provinces or territories in Canada. For Quebec residents, For Quebec residents, Pharmacie Jérôme-Henri Lavoie (de Celles) Inc. is the dispensing pharmacy responsible for preparing prescriptions and fulfilling orders to be delivered to residents of Quebec, although to ensure a prompt service, your prescription may be prepared by Pharmacie Laurier Lavoie & associés pharmaciens S.E.N.C, a__ __partner pharmacy of Pharmacie Jérôme-Henri Lavoie (de Celles) Inc., located in Quebec.

Delivery of Your Prescription Medication

You can decide to receive your order at home or at work. You can also ask to receive your order at another address and/or have your order received by another person that you authorize in advance to receive it on your behalf (your “Agent”). Your Agent cannot be a child. The name of your Agent (if applicable) and, in all cases, the address where you would like the delivery to be made, must be provided to the TELUS Pharmacy prior to the shipment release of your order.

You will receive a notification on the Platform that your order has been sent out for delivery and the notification will include an estimated date and time of arrival of the order. You must ensure you or your Agent are present, at the address you indicated to receive your order and provide a signature upon receipt of the order. Please see www.telus.com/health/virtual-pharmacy/policies for more details.

Patient Counselling

For new prescriptions, counselling will be initiated by the Pharmacy. Counselling will also be initiated by the Pharmacist when, in its professional opinion, it is required. Prescription counselling is available on all prescriptions, including over the counter medications and at any time you have questions. Pharmacists are available for private and confidential consultation over the phone and the Platform offers you the ability to participate in a virtual consultation with a Pharmacist, allowing you to access certain pharmacy services at a distance using information and communication technologies (“Virtual Consultation”).

Refills

If any refills remain on your medication profile (or if a Pharmacist is authorized to extend refills to you), you may request a refill for your prescription using the Platform. All refill requests are subject to the dispensing Pharmacist’s professional judgment and in accordance with applicable laws and regulations.

Prescription Transfer

You have the ability to transfer your prescriptions from a non-Telus Pharmacy to a Telus Pharmacy or from one Telus Pharmacy to another Telus Pharmacy. Please follow instructions on the Platform to complete your prescription transfer. A Telus Pharmacy team member may contact you to complete the transfer or gather further information.

Family Account Linking

If you are over the age of majority in your province of residence, the Family Account linking feature on the Platform can allow you to manage and access your family members’ User Accounts. There are two ways to link family members to your User Account: (1) you can create a User Account for any dependent under the age of 16 (14 in Quebec) for whom you are a parent or legal guardian and their User Account will automatically be linked your User Account; or (2) you can request to link the existing User Account of a family member over the age of 16 to your User Account (“Account Linking Request”). Family members over the age of 16 (14 in Quebec) must provide their consent to the Account Linking Request before we can link their User Account to your User Account. Once you submit an Account Linking Request, your family member will receive a unique code from TELUS through the Platform. If your family member accepts the Account Linking Request, they can share the unique code with you and you can then follow the instructions on the Platform to complete the linking of your family member’s User Account. When your family member’s account is linked to your User Account, you will be able to; (a) request available refills of medication for your Family Member; (b) view all information in the family member’s User Account, including the family member’s PI and PHI; (c) receive notifications about prescription renewals for your family member; and (d) track the delivery of your family member’s Telus Pharmacy order. You will not be able to link your family member’s User Account with any other person. The decision to link a User Account is at the discretion of the individual to whom the User Account belongs, and to that person only. Please see the FAQ (www.telus.com/health/virtual-pharmacy/faq) and TELUS Health Virtual Pharmacy Privacy Commitment (www.telus.com/health/virtual-pharmacy/privacy) for further information and details.

Fees

The Platform is provided free of charge. However, you may incur third party data costs associated with an internet connection when you install or use the Platform, including Platform updates and activities.

You agree that your order (including a request to have a prescription filled by TELUS) is an offer to buy, under these Terms, all products and services listed in your order or prescription. All orders and prescriptions must be accepted by us or we will not be obligated to sell or provide the products or services to you. Subject to applicable laws, we may choose not to accept orders or prescriptions at our sole discretion, even after we send you an email confirming that we have received your order and/or prescription, with the details of the items you have ordered. In the event we choose not to accept an order or prescription, at our sole discretion, we will provide you with written confirmation of same and issue a refund for any monies paid to us.

All prices, discounts, and promotions posted on the Platform are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and based on the coverage available for that particular medication. We will always ask you to set a pre-defined price maximum if you choose autopay or will ask you to review and approve the payment before charging your payment method if you do not choose autopay. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart, in the invoice details on the Platform and receipt sent to you. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we can fully process and send your order. We accept all major credit cards for all purchases, among other methods of payment that may be expressly indicated on our Website from time to time. You represent and warrant that: (a) the credit card information you supply to us is true, correct and complete; (b) you are duly authorized to use such credit card for the purchase; (c) charges incurred by you will be honored by your credit card company; and d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Platform at the time of your order.

Returns, Refunds or Exchanges

ALL SALES ARE FINAL. All sales of products and services through the Platform are final and purchased items cannot be returned for exchange, credit or refund.

Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Platform for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada. TELUS reserves the right to refuse or cancel your order if TELUS suspects you are purchasing for resale or are not located in a Canadian Province or Territory.

No Reliance

The Content on our Platform is provided for general information purposes only. It is not intended to substitute medical advice, health advice, legal advice or other advice or information on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Content on our site. The information provided on the Platform is not a substitute for professional medical diagnosis or treatment.

YOU SHOULD READ IN DETAIL ALL INFORMATION AND INSTRUCTIONS PROVIDED BY THE PHARMACY, TELUS PHARMACIST AND/OR MANUFACTURER OF THE PHARMACEUTICAL PRODUCTS DISPENSED TO YOU, INCLUDING BUT NOT LIMITED TO THE INFORMATION ON OR IN THE PHARMACEUTICAL PRODUCT PACKAGING AND LABELS, OR IN THE PHARMACEUTICAL PRODUCT ITSELF. YOU SHOULD SEEK PROFESSIONAL MEDICAL ADVICE FROM YOUR PHYSICIAN, HEALTHCARE PROFESSIONAL AND/OR PHARMACIST PRIOR TO USING ANY PRODUCTS, INCLUDING PHARMACEUTICAL PRODUCTS OR TAKING ANY ACTION IN CONNECTION WITH HEALTH CONCERNS, PROBLEMS, OR QUESTIONS.

The Content may include content provided by third parties, including, without limitation, from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the Content provided by TELUS, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of TELUS and TELUS nor its respective directors, members, officers, employees, volunteers, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy and Your Personal Information

Please review the TELUS Health Virtual Pharmacy Privacy Commitment (www.telus.com/health/virtual-pharmacy/privacy) which describes the manner in which we collect, use, store and disclose your PI and PHI, and which is hereby incorporated into and forms a part of these Terms. By accessing or using the Platform, you are consenting to the collection, use and disclosure of your PI and PHI as set out in the TELUS Health Virtual Pharmacy Privacy Commitment.

Technology Risks

You understand, acknowledge and agree that TELUS does not control, and accepts no responsibility for, any content passing through the internet, the availability of the internet generally, or for internet connectivity. You understand, acknowledge and agree that the internet is inherently risky even if reasonable security measures are taken. You understand, acknowledge and agree that TELUS cannot and do not guarantee the security of data transmitted over the internet or public networks in connection with your use of the Platform but has implemented security controls, as well as, reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, loss, modification and disclosure, of PI and PHI in our custody or control and adhere to generally accepted industry practices with respect to securing the transmission of data to, from and through the Platform.

In addition to the material risks and side effects that may be associated with a course of treatment or medication that is prescribed or recommended for you, there are potential material risks that are specifically associated with Virtual Consultation and which may adversely impact the ability of the Telus Pharmacist to provide pharmacy services, including but not limited to (a) poor quality audio-video connections due to remote locations or other network limitations that may limit the ability of the Telus Pharmacist to complete the appointment virtually, (b) delays in evaluation or treatment resulting from similar technology failures, (c) limitations on access to your personal health records maintained outside the Platform (i.e., by your family physician or other primary care health professional), which may result in adverse drug interactions, allergic reactions, or other judgment errors (you should always advise the Telus Pharmacist and any dispensing pharmacists of all medications you are taking and any allergies you may have), and (d) unauthorized access to, collection, use or disclosure of your PI and/or PHI due to a security protocol breach or failure. By consenting to participate in a Virtual Consultation using the Platform, you acknowledge and understand these potential material risks associated with Virtual Consultations. Additionally, if the Telus Pharmacist forms the opinion that a Virtual Consultation is not appropriate in the circumstances, the Telus Pharmacist will recommend an alternative form of care.

Although reasonable encryption technology and other reasonable security protocols will be implemented to protect your PI and PHI and the privacy of your Virtual Consultation with a Telus Pharmacist, you acknowledge by using the Platform that there are inherent risks to any technology that could cause security protocols to fail or be breached, which could result in the unauthorized access to, collection, use or disclosure of your PI or PHI. TELUS will notify you to the extent required by law of any breach that has resulted in the unauthorized access to, collection, use or disclosure of your PI or PHI.

Term, Termination and Suspension

These Terms will take effect on the date and at the time you select “I AGREE” when presented with the opportunity to view and agree to these Terms.

TELUS may immediately terminate, or suspend, these Terms, or cease providing the Platform and Platform Services, at any time: (i) if you do not comply with these Terms; (ii) if necessary to prevent threats to the privacy, security or integrity of your data or the data of any other user(s); (iii) to comply with any applicable law or court or order and/or (iv) for any reason, including events not in our control.

Either you or TELUS may terminate these Terms: (1) TELUS may terminate these Terms upon 30 days’ written notice to you, by email (at your current email address on file with TELUS) or through the Platform; (2) you may terminate these Terms at any time upon 30 days’ written notice to TELUS, by requesting (by email or through any then-available interfaces on the Platform) that your User Account be deleted or closed, ceasing use of the Platform Please review the TELUS Health Virtual Pharmacy Privacy Commitment www.telus.com/en/pharmacy/privacy for information on how we manage your Prescription Record if you leave or cease to use the Platform or cease to receive Platform Services.

Ownership

As between you and TELUS, all Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Platform, are owned or licensed by TELUS and are protected by copyright, trade-mark and other intellectual property laws.

TELUS and its licensors expressly reserve all rights in the Platform, including the App, and all materials provided by TELUS in connection with these Terms that are not specifically granted to you. You acknowledge that all right, title and interest in the Platform, all materials provided by TELUS in connection with these Terms (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with TELUS (or third party suppliers or technology providers), and that the Platform, including the App, and all materials provided by TELUS hereunder are licensed and not ‘sold’ to you.

Third Party Websites & Viruses

The Platform may provide links to third party websites. These links are provided for your convenience only and TELUS does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under TELUS' control, and if you choose to access any such website, you do so entirely at your own risk.

The downloading and viewing of Content is done at your own risk. TELUS cannot and does not guarantee or warrant that the Platform or the Content are compatible with your computer system or that the Platform or the Content, or any links from the Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform.

Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY THE LAW THAT APPLIES TO YOUR JURISDICTION, TELUS PROVIDES THE PLATFORM AND THE CONTENT WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. TELUS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ABOUT THE MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE PLATFORM OR THE CONTENT OR THE INFORMATION TOOLS. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. TELUS DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT. TELUS DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY THE CONTENT OR THE PLATFORM SERVICES.

LIMITATION OF LIABILITY

WITH RESPECT TO ANY DIRECT DAMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF TELUS OR ITS SUPPLIERS OR TECHNOLOGY PROVIDERS (INCLUDING THE PLATFORM PARTNER) IN CONNECTION WITH OR UNDER THESE TERMS OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT IS LIMITED TO $20.00. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS AND CONDITIONS WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between you and TELUS. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

No Unlawful Or Prohibited Use

You will not, without TELUS’ prior written permission, use the Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Platform or the Content , or ‘frame’, ‘mirror’ or otherwise incorporate the Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access or monitor any part of the Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (4) take any action that imposes, or may impose, in TELUS’ discretion,an unreasonable or disproportionately large load on the Platform; (5) deep-link to any portion of the Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform or the Content; (7) use the Platform or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by TELUS and only in the exact manner specified and enabled by TELUS; (8) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform or the Content; (9) create derivative works based on the Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content; or (10) use the Platform in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any Submissions that violate such third-party rights.

Geographic Application of the Platform

While the Platform is available in every province and territory in Canada, not all of the products and services described on the Platform are regulated or are available in all jurisdictions as some jurisdictions may have different laws and regulations for such products and services. You acknowledge and agree that the products, services and/or material described on the Platform, or the Platform Services available through the Platform, or any other services provided pursuant to these Terms, are not appropriate or available for use in locations outside Canada.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. The courts of the Province of Ontario shall have exclusive jurisdiction to entertain any action arising under these Terms and you hereby accept and irrevocably submit to the jurisdiction of the courts of Ontario and acknowledge their competence and agree to be bound by any judgment thereof. A printed copy of these Terms and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

General Provisions

These Terms, together with all policies referenced herein constitute the entire and exclusive understanding and agreement between TELUS and you pertaining to the subject matter hereof, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TELUS and you regarding the Platform and Platform Services.

TELUS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in a written form and given: (i) by TELUS via email (in each case to the email address that you provide); or (ii) via the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

TELUS shall not be liable for delay or failure of performance of any obligations required by these Terms when such delay or failure arises from circumstances beyond the reasonable control of TELUS. Such causes may include, without limitation, acts of God, acts of government in its sovereign or contractual capacity, acts of a public enemy, acts of civil or military authority, war, riots, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failures or delays, labour disputes, strikes, or shortages, supply shortages, equipment failures or solitary malfunctions. The time for performance of any act delayed by such events may be postponed for a period equal to the delay.

The failure of TELUS to enforce any right, provision, or term of these Terms will not constitute a waiver of future enforcement of that right, term, or provision. The waiver of any such right, term or provision will be effective only if in writing and signed by a duly authorized representative of TELUS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

If for any reason a court of competent jurisdiction finds any provision, or term, of these Terms void, invalid or otherwise unenforceable, that provision, or term, will be enforced to the maximum extent permissible and the other provisions, or terms of these Terms will remain in full force and effect.

Contact

Should you have any questions regarding these Terms, the Platform or the Platform Services, you may contact our support team via email at: virtualpharmacysupport@telus.com