Pharmacy Terms of Service
THESE TERMS ARE A BINDING AGREEMENT BETWEEN RXSCRIPTIFY INC. AND THE PHARMACY IDENTIFIED AT REGISTRATION. THEY CONTAIN IMPORTANT PROVISIONS REGARDING PROFESSIONAL RESPONSIBILITY, PERSONAL HEALTH INFORMATION, FEES, AND LIMITATIONS OF LIABILITY.
1. Definitions
- "Scriptify", "we", "us" and "our" mean RxScriptify Inc., an Ontario corporation.
- "Pharmacy", "you" and "your" mean the licensed pharmacy identified at registration, including its owner, Designated Manager, pharmacists and staff who use the Platform on its behalf.
- "Platform" means the RxScriptify application, the Scriptify Assist application, the pharmacy website builder, the online ordering tools, the minor-ailment intake, the Scriptify Care referral features, the associated servers, transmission services, messaging and automated tools, and any other software or service Scriptify makes available to pharmacies.
- "Prescriber" means a physician, nurse practitioner or other authorized prescriber who exchanges prescriptions or documents with the Pharmacy through the Platform.
- "Patient Information" means personal health information and personal information relating to patients that is collected, transmitted, stored or processed through the Platform.
- "Third-Party Services" means services provided by persons other than Scriptify that Scriptify uses to operate the Platform, including hosting, facsimile transmission, text messaging, email, payment processing, domain registration, and automated text-reading and artificial-intelligence services.
- "Fees" means the amounts displayed on the Platform for a paid feature at the time the Pharmacy elects to use it.
2. Acceptance and authority
2.1 By registering the Pharmacy, ticking an acceptance box, or using the Platform, the individual doing so represents that they are the owner, Designated Manager or an authorized representative of the Pharmacy with authority to bind it, and the Pharmacy agrees to be bound by these Terms and by the Scriptify Privacy Policy, which is incorporated by reference.
2.2 The version of these Terms in force when the Pharmacy accepts them applies until a revised version is accepted. Scriptify records each acceptance with its version and date. Continued use of the Platform after notice of a revised version constitutes acceptance of it.
3. The Platform and Scriptify's role
3.1 Scriptify provides technology through which the Pharmacy may receive, send, organise and respond to prescriptions and related documents; communicate with Prescribers; publish a website on its own domain; offer online ordering and delivery of products it lawfully sells; offer an online intake for minor-ailment assessments performed by its pharmacists; and refer patients to the Scriptify Care consultation service.
3.2 Scriptify is a technology and transmission service provider. Scriptify does not practise pharmacy or medicine, does not dispense, does not provide clinical, professional or legal advice, and does not review, direct, approve or control any professional decision of the Pharmacy or of any Prescriber.
3.3 The Platform is not a pharmacy management system, a patient record or a system of record. Items on the Platform are retained only for the periods stated in section 8 and are then deleted. The Pharmacy is responsible for keeping its own records as required by law and by its College.
3.4 Scriptify may add, change, limit or withdraw features of the Platform at any time.
4. Eligibility, registration and account security
4.1 The Pharmacy represents and warrants that it is an accredited pharmacy in good standing with the College of its province, that its Designated Manager and pharmacists hold current licences, and that the information provided at registration, including its name, address, fax number, accreditation number and Designated Manager, is accurate and will be kept current.
4.2 Registration is subject to verification and approval by Scriptify, which may be declined, suspended or withdrawn at any time.
4.3 The Pharmacy is responsible for all activity under its account and on its devices, for the acts and omissions of every person it permits to use the Platform, for the security of credentials, devices and sign-in methods, and for promptly reporting any suspected unauthorized access to Scriptify.
5. Professional responsibility
5.1 Every professional decision made through or in connection with the Platform, including whether to dispense, what to dispense, counselling, substitution, refusal, the assessment or prescribing of any minor ailment, and any communication with a patient or Prescriber, is made solely by the Pharmacy's licensed professionals in accordance with applicable law and the standards of their College. Scriptify bears no responsibility for such decisions.
5.2 Prescriptions and documents received through the Platform originate from Prescribers, who are independent professionals and are solely responsible for their content. The Pharmacy is responsible for verifying, in accordance with its professional standards, any prescription before acting on it. Scriptify does not verify the identity, licensure or authority of a Prescriber beyond the registration checks it performs, and does not verify the content of any document.
5.3 Minor-ailment assessments offered through the Platform are performed by the Pharmacy's pharmacists within the scope of practice permitted in the Pharmacy's province. The Pharmacy alone determines which conditions it offers, performs the assessment, decides whether to prescribe, recommend or refer, notifies the patient's primary care provider where required, and bills a provincial plan, an insurer or the patient as its province permits. The Platform presents the pharmacist with the complete questionnaire and the patient's own answers; the intake questions, suggested options and organised summaries it presents are tools to assist the pharmacist, are not clinical advice, and must be independently verified. Scriptify has no responsibility for any assessment, its outcome, or any medication prescribed or not prescribed in reliance on information presented by the Platform.
5.4 Automated suggestions, extracted information and organised summaries presented by the Platform are aids only, are marked as such, and must be independently verified by the Pharmacy before being relied upon.
6. Patient Information; roles under privacy law
6.1 The Pharmacy is a health information custodian in respect of Patient Information it collects, uses or discloses through the Platform, and remains responsible for its lawful handling under the Personal Health Information Protection Act, 2004 (Ontario) or the equivalent legislation of its province, and under PIPEDA where applicable.
6.2 Scriptify acts as the Pharmacy's electronic service provider and agent in respect of Patient Information, and, where it provides services to two or more custodians, as a health information network provider. Scriptify will: (a) use Patient Information only as necessary to provide the Platform; (b) not disclose it except to the custodians and recipients the Pharmacy directs, and as required by law; (c) maintain administrative, technical and physical safeguards appropriate to the sensitivity of the information; (d) keep an electronic record of accesses to and transfers of Patient Information through the Platform and make it available to the Pharmacy on request; (e) notify the Pharmacy at the first reasonable opportunity of any unauthorized access, use, disclosure or loss of Patient Information of which it becomes aware; (f) not use Patient Information for advertising, sell it, or use it to train artificial-intelligence models; and (g) maintain a plain-language description of the Platform's services and safeguards, and privacy and security assessments of the Platform, and make them available to the Pharmacy on request.
6.3 The Pharmacy is responsible for obtaining any consent, and for providing any notice, required for the collection, use and disclosure of Patient Information through the Platform, including for transmission to Prescribers, to Scriptify Care clinicians, and to any other recipient the Pharmacy selects.
6.4 Requests by patients for access to or correction of their records are the Pharmacy's responsibility; Scriptify will assist as reasonably required.
7. Automated processing and Third-Party Services
7.1 Scriptify uses automated tools, including Third-Party Services such as text-reading and artificial-intelligence services, to help read, organise and prepare documents and intake information on the Platform.
7.2 No personal health information leaves Canada. Information processed by such Third-Party Services is not retained by them and is not used to train any model.
7.3 Automated tools do not provide advice, do not make any professional determination, and do not replace the review of the Pharmacy's professionals.
7.4 Scriptify may change the Third-Party Services it uses provided the commitments in this section and in section 6 continue to be met.
8. Retention and deletion
Documents, messages, intake records and images on the Platform are retained for the periods stated in the Privacy Policy and the Platform, generally thirty days, and are then permanently deleted from Scriptify's systems. Certain images, such as insurance card photographs, are deleted sooner as stated on the Platform. The Pharmacy must retain its own copies of anything it is required to keep. Scriptify retains account, transaction and access records, without clinical content, as required by law.
9. Transmission
9.1 Facsimile, network and messaging transmissions are carried by Third-Party Services and by the Pharmacy's and recipients' own systems and networks. Scriptify does not guarantee that any transmission will be delivered, delivered without delay, or received and acted upon by its recipient. The Pharmacy is responsible for confirming receipt of any transmission on which patient care depends and for maintaining a fallback method of communication.
9.2 The Pharmacy is responsible for the accuracy of recipient details it provides, including fax numbers, and for any transmission sent to an incorrect recipient as a result.
9.3 Documents received through a Scriptify fax number are forwarded to the Pharmacy as received. Scriptify does not review their content.
10. Website and domain
10.1 The Pharmacy is solely responsible for all content published on its website through the Platform, including its accuracy, its compliance with the advertising, disclosure and professional standards of its College and with applicable law, and its respect for the intellectual property and privacy rights of others. Scriptify may require, and the Platform enforces, the display of College credentials required by law, and may remove or suspend content it reasonably believes to be unlawful or in breach of these Terms.
10.2 A domain name registered through the Platform is registered in the Pharmacy's name; the Pharmacy is the registrant and owner. Scriptify manages the registration, renewal and technical configuration on the Pharmacy's behalf. Domain Fees are displayed before purchase, are payable annually, renew automatically unless renewal is turned off on the Platform, and are non-refundable once a registration or renewal has been placed with the registry. Registry, pricing and availability are outside Scriptify's control.
10.3 If the Pharmacy leaves the Platform, its website is taken offline, renewal is turned off, and Scriptify provides the authorization code needed to transfer the domain to a registrar of the Pharmacy's choosing. Scriptify does not release, sell or reuse a Pharmacy's domain.
11. Online ordering, payments and delivery
11.1 Online ordering is provided through a payment account opened in the Pharmacy's name with a third-party payment processor. The Pharmacy is the merchant of record for every sale, is responsible for the products it lists, their descriptions, prices, taxes and lawful sale, including whether a product may be sold online in its province, and for fulfilment, refunds, chargebacks and customer service. Scriptify provides the ordering and payment tools only.
11.2 Delivery areas, delivery fees and minimum orders are set by the Pharmacy. Delivery is performed by the Pharmacy or its chosen carrier, under the Pharmacy's responsibility.
11.3 The payment processor's terms apply to the Pharmacy's payment account. Payouts, holds, disputes and processor fees are governed by those terms, and Scriptify is not responsible for them.
12. Scriptify Care referrals
Where the Pharmacy enables the Scriptify Care features, patients are directed to an independent consultation service in which independent clinicians decide whether to accept a request and whether to prescribe. Scriptify does not guarantee that any consultation will result in a prescription or that any prescription will be directed to the Pharmacy. A prescription received through Scriptify Care is a Prescriber's prescription under section 5.2. No fee is payable by the Pharmacy for these features unless displayed on the Platform.
13. Fees and payment
13.1 Fees for paid features are displayed on the Platform before the Pharmacy elects to use them. Fees are in Canadian dollars, exclusive of applicable taxes unless stated, and payable by the card the Pharmacy keeps on file. Scriptify may introduce or change Fees for future periods on notice through the Platform; Fees already paid are not affected.
13.2 Except as stated in section 10.2 or required by law, Fees are non-refundable. Scriptify may suspend paid features for non-payment after notice.
14. Confidentiality and intellectual property
14.1 The Platform and all non-public information about it, including its concepts, designs, features, documentation and roadmap, are confidential and the property of Scriptify. The Pharmacy will not disclose such information, use it other than to use the Platform, or copy, reverse engineer, or create derivative works from the Platform.
14.2 The Pharmacy retains ownership of its own content and data. The Pharmacy grants Scriptify the licence necessary to host, transmit, process and display that content and data for the purpose of providing the Platform.
15. Acceptable use
The Pharmacy will not, and will not permit any person to: (a) use the Platform in breach of any law, regulation or professional standard; (b) transmit content that is unlawful, misleading, or infringes the rights of others; (c) use the Platform to obtain, sell or dispense medication otherwise than in accordance with law; (d) probe, test, manipulate, circumvent or interfere with the Platform, its security measures or its automated tools; (e) use another person's credentials or share its own; or (f) use the Platform to develop a competing product. Scriptify may suspend or terminate access without notice where it reasonably suspects a breach of this section.
16. Term, suspension and termination
16.1 These Terms apply from acceptance until terminated. The Pharmacy may stop using the Platform at any time and may request deactivation of its account. Scriptify may suspend or terminate the Pharmacy's access on notice, or without notice where reasonably necessary to protect patients, other users, the Platform or Scriptify, or where the Pharmacy is in breach of these Terms or ceases to be eligible.
16.2 On termination, the Pharmacy's access ends, its website is taken offline, and its data is deleted in accordance with section 8 and section 10.3. Sections 5, 6, 8, 14, 17, 18, 19 and 21 survive termination.
17. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY OR NON-INFRINGEMENT. SCRIPTIFY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY TRANSMISSION WILL BE DELIVERED OR ACTED UPON.
18. Limitation of liability
18.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCRIPTIFY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND CONTRACTORS SHALL NOT BE LIABLE FOR: (a) ANY PROFESSIONAL DECISION, ACT OR OMISSION OF THE PHARMACY, ITS PERSONNEL, ANY PRESCRIBER OR ANY CLINICIAN; (b) ANY ACT OR OMISSION OF A THIRD-PARTY SERVICE; (c) ANY LOSS ARISING FROM INACCURATE OR INCOMPLETE INFORMATION PROVIDED BY THE PHARMACY OR ITS PATIENTS; (d) ANY FAILURE, DELAY OR MISDIRECTION OF A TRANSMISSION; (e) ANY LOSS OF DATA THE PHARMACY WAS REQUIRED TO RETAIN ITSELF; OR (f) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE OR GOODWILL, HOWEVER ARISING.
18.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCRIPTIFY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE FEES PAID BY THE PHARMACY TO SCRIPTIFY IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
18.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
19. Indemnity
The Pharmacy will indemnify and hold harmless Scriptify and its directors, officers, employees and contractors from any claim, loss, liability or expense, including reasonable legal fees, arising from (a) the professional services, products or content of the Pharmacy; (b) the Pharmacy's breach of these Terms or of applicable law, including privacy law; (c) inaccurate information provided by the Pharmacy; or (d) the Pharmacy's use of the Platform.
20. Insurance
The Pharmacy will ensure that each pharmacist who provides professional services through or in connection with the Platform maintains the professional liability insurance required by their College, and that the Pharmacy maintains the commercial general liability insurance customary for a pharmacy in its province.
21. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of Ontario.
22. General
22.1 These Terms, the Privacy Policy and any Fee displayed on the Platform constitute the entire agreement between the parties regarding the Platform and supersede any prior understanding. 22.2 Notices to the Pharmacy may be given through the Platform or to the email address on its account; notices to Scriptify to contact@rxscriptify.com. 22.3 If any provision is held invalid or unenforceable, the remaining provisions continue in force. 22.4 Scriptify's failure to enforce any provision is not a waiver of it. 22.5 The Pharmacy may not assign these Terms without Scriptify's consent. Scriptify may assign them in connection with a merger, acquisition or sale of assets. 22.6 Scriptify may amend these Terms by notice through the Platform; the Pharmacy's continued use after the effective date constitutes acceptance, and the Platform records each acceptance. 22.7 The parties have requested that these Terms be drawn up in English. Les parties ont exigé que les présentes conditions soient rédigées en anglais.
23. Contact
RxScriptify Inc. · contact@rxscriptify.com