The text below, as well as the Terms and Conditions for the Use of the Brunet.ca site and the Policy Regarding Confidentiality and Privacy Protection of McMahon Distributeur pharmaceutique inc. and its affiliated companies (hereinafter “Brunet”) constitute an agreement between Brunet and the pharmacies affiliated with Brunet, on the one hand, and the user (hereinafter the “User”) on the other hand, with regard to the conditions for using the MaSanté record and this Web site (hereinafter the “Site”), which is offered and operated by Brunet (hereinafter the “User Agreement”).
The Site enables the User to:
The User’s requests concerning use of the MaSanté record will be communicated to the pharmacy affiliated with Brunet where the User has chosen to make his request.. The pharmacist on duty in the selected pharmacy affiliated with Brunet is responsible at all times for preparation of the User’s prescription and updating the user’s patient record. Brunet cannot be held liable for the pharmacist’s professional work. The User should not hesitate to consult his or her pharmacist when he or she wishes to obtain information on a medicine.
At the time of registration of the MaSanté record on the Site, Brunet asks the user to supply his or her last name and first name, e-mail address, postal code, and some other information. All of this information is used to personalize the User’s visit on the Site and to send the User various information by e-mail, if he or she wishes. The User may change the information and preferences of his or her user profile at any time in the Site’s “Profile” section.
It is understood that the online payment service does not constitute an offer to sell, but rather an invitation to refill your prescription and place an order. For the same reasons, the confirmation of the receipt of your order and the confirmation of payment, will not be considered as the acceptance of the offer. The sales agreement will be concluded after you have picked up your order at the pharmacy or after home delivery. You agree that McMahon Distributeur pharmaceutique inc. ("McMahon") assigns all its rights and obligations in your order, to the pharmacy selected to refill, receive payment and carry out delivery, as the case may be. Consequently, your detailed invoice will be issued by the selected pharmacy and not by McMahon. Delivery will be made by vehicles used by the selected pharmacy.
Brunet is subject to and complies with provincial statutes with regard to protection of personal information, including the Act Respecting the Protection of Personal Information in the Private Sector.
The personal information gathered for the MaSanté record is used only for the purposes stated in Brunet’s Policy Regarding Confidentiality and Privacy Protection and, more specifically, to administer and to offer to the user his or her MaSanté record. However, Brunet reserves the right at all times to add or change services offered via the MaSanté Record.
The User hereby acknowledges and agrees that the personnel assigned to maintenance of the Site will have access to this information insofar as this access is necessary to the tasks that they perform for as long as the User’s pharmacist whose pharmacy is affiliated with Brunet has not communicated to the Site’s personnel the User’s unsubscription, if applicable. All Site personnel involved in operation of the Brunet MaSanté system have signed a confidentiality agreement to this effect.
Brunet and its directors, administrators, employees, and mandataries make no representation of warranty to the User with regard to the reliability of the information on the Site and disclaim responsibility for any loss or injury that the user may suffer in relation to the information contained on the Site, and the User indemnifies and holds harmless Brunet from any liability that may result. The User understands and acknowledges that before making any decision in relation to the information contained on the Site, he or she must verify this information with a qualified healthcare professional. Under no circumstances does the information contained on the Site replace the advice of a physician, a pharmacist, or any other qualified healthcare professional, and it should not be used to self-prescribe medications or make a diagnosis of a health condition. All labels and instructions appearing on product packaging must be read carefully and respected.
Brunet offers no warranty with regard to the longevity of the MaSanté record or the Site and reserves the right to terminate them at any time at its complete discretion and without prior notice. Brunet offers no warranty as to the availability of the MaSanté record or the Site, and interruptions may occur from time to time. Brunet cannot be held liable for any injury or inconvenience caused following an interruption or the discontinuation of the MaSanté record or the Site. Brunet may control the use of and access to the Site and reserves the right, at its complete discretion, to ban access to the Site to any User without prior notice. This site is accessible “as is” and cannot be modified by the User.
No information appearing on the Site may be interpreted by the User as Brunet’s approval or recommendation of products, nor can any association whatsoever be presumed between Brunet and these products. In order to offer users the widest possible range of information, Brunet must call upon third parties. Brunet consequently assumes no responsibility and offers no warranty to the User with regard to the actual nature or accuracy of information from third parties.
Although Brunet does everything possible to keep the information contained on the Site updated and as accurate as possible, errors or omissions may occur. Therefore, the User browses the site at his or her own risk. The User acknowledges that under no circumstances will Brunet be responsible for any damage or injury that the User may incur during access to and/or use of the Site and holds harmless and indemnifies Brunet for all liability that may result, including but not restricted to those due to the presence of viruses or any other destructive element, notwithstanding whether Brunet was or might have been aware of this eventuality.
The User may unsubscribe from the MaSanté record at any time by sending written notice to his or her pharmacist.
Brunet reserves the right to deactivate the record of any User after two (2) years of inactivity. Following deactivation of the record, the User’s personal information will be archived by Brunet for one (1) additional year.
All precautions have been taken to protect the User’s personal information transmitted to Brunet against any error, loss, or unauthorized access. Despite all of these precautions, the User must take all personal security measures necessary to maintain an optimal level of security when he or she browses on the Site. Among other things, it is strongly recommended that the User choose a personal e-mail address, rather than an e-mail address that is shared with or accessible by a third party (for example, a family electronic mail address or one linked to the User’s employer).
Brunet is committed to maintaining the confidentiality of the User’s password at all times. Brunet offers the User the possibility to change his or her password at any time and sends an automatic notification to this effect every 180 days. The User alone is responsible for maintaining the confidentiality of his or her user code, password, and all use of the Site that may be made under his or her identity and/or with his or her password. Brunet makes no representation and offers no warranty as to the confidentiality of use of the Internet and/or electronic mail.
The User Agreement and the content of the Site are regulated by the applicable laws in effect in the province of Quebec and in Canada. Brunet and the User agree that any pertinent litigation will be submitted, heard, and decided exclusively by the courts in the district of Montreal, Province of Quebec.
The invalidation of one of the provisions in the User Agreement will not have the effect of invalidating all the other provisions. Any provision deemed invalid may be withdrawn from the User Agreement without affecting its substance.
The non-exercise by Brunet of one of its rights in no way constitutes a renunciation of this right in the future or of the effect of one of the provisions in the User Agreement.
In case of divergence or contradiction between the terms of the present agreement and those in the Terms and Conditions for Use of the Brunet.ca Site or the Privacy Protection Policy of Brunet, the terms of the present agreement take precedence.
As a user of the MaSanté record and the Site, I confirm that I have read and understood the present User Agreement, the Terms and Conditions for Use of the Brunet.ca Site, and the Policy Regarding Confidentiality and Privacy Protection of Brunet, and I accept their content and scope. In addition, I accept all responsibility related to my use of the MaSanté record and the Site, and I expressly release Brunet from all responsibility in this regard. I acknowledge that I give my unconditional, free, and enlightened consent to the collection, communication, and/or use of personal information by Brunet for the specific purposes stated in the User Agreement and the related documents.
I acknowledge that my consent is valid for the entire period of time necessary for use of the personal information for this purpose or until I unsubscribe from the MaSanté record.
MaSanté is a range of healthcare management and information tools offered by your pharmacist affiliated with one of the banners of McMahon Distributeur pharmaceutique inc.
The services related to pharmacy practice are the exclusive responsibility of the owner-pharmacists. The pharmacists alone are responsible for the pharmacy practice. They offer the related services acting only on behalf of an owner-pharmacist and use different tools, including the MaSanté tools. The pharmacist preserves, at all times, the power to accept or reject the prescription refill requested by a user via the MaSanté record on the site.
I have read and agree to the conditions above.