Terms of use

Last updated: March 12, 2025

 

These Terms of Use are effective upon acceptance by new Users.

1.       Introduction

These Terms of Use, including any additional terms displayed on PharmaGap’s website (pharmagap.com) and in our mobile and web applications (collectively the “Terms“), set out the terms and conditions under which PharmaGap agrees to grant you access to its mobile and web applications and any PharmaGap services derived therefrom (collectively, the “Application” or the “Services Offered“).

These Terms are subject to our Privacy Policy [NOTE: Add a link to the policy], to which you must consent for the purposes of the Services Offered.

2.       Parties to these Terms

These Terms constitute a contract between you and ZoomJar Technology Inc., 344 Ave. Melbourne, Mont Royal, QC H3P 1G9 (referred to as “PharmaGap“, “we“, “our” or “us“).

In these Terms, the words “you“, “your” refer to the following persons:

  • You or your professional corporation, in the case of a professional who intends to use the Application for their own professional purposes (also referred to as a “Professional“)
  • The legal person, company, association, or other entity acting through a duly authorized representative, who accepts these Terms for the purpose of benefiting from the Services Offered for commercial purposes. Such a legal person, company, association, or other entity is also referred to as a “Client“.

Professionals and Clients are collectively referred to as “Users“.

3.       Scope of Services Offered by PharmaGap

The Services Offered include access to and use of an online platform accessible through the pharmagap.com websites and mobile applications, which allows:

  • putting Professionals in touch with Clients; and
  • connecting Clients and Professionals using the Application to negotiate and establish the terms of the professional services contract governing their relationship and to conclude such contracts.

The Services Offered are exclusively available in the province of Quebec.

4.       PharmaGap Account

To use the Services Offered, you must create an account in the Application (a “PharmaGap Account”).

You only need to create one PharmaGap Account.

You are responsible for ensuring the accuracy of your PharmaGap Account information and must promptly update this information, including when such information is out of date or inaccurate.

5.       Managing access to the PharmaGap Account

You must protect access to your PharmaGap Account and not share it with third parties.

You must notify us immediately and in writing if you become aware of or suspect any unauthorized access to your PharmaGap Account.

If you are a Professional, only you should use your PharmaGap Account.

If you are a Client, you must limit access to your PharmaGap Account to only those representatives whom you have duly authorized for that purpose. You remain fully responsible for the use of your PharmaGap Account by any employee, agent, consultant or other person acting on your behalf.

You must promptly notify us of any changes to your authorized representatives, by updating the list of your authorized representatives in the Application and providing us with any information in this regard that we may require from time to time.

6.       PharmaGap limited liability clarification and indemnification clause

PharmaGap does not offer any professional services and does not advise or dictate to Users the terms and conditions applicable to their business relationship.

Users are solely responsible for the declarations, offers and services that they announce through the Application, and for any service that they undertake to provide to other Users based on a contact established through the Services Offered.

PharmaGap has no control over the content of the service offers and contracts advertised, negotiated or entered into through the Application, nor over the performance of Users for these contracts.

Therefore, you agree that PharmaGap assumes no responsibility for the performance, quality, safety and legality of the services offered by Users and the benefits derived therefrom, for the veracity or accuracy of the content, offers, statements and exchanges between Users, for the ability of Users to offer or perform services, for the ability of the Clients to pay for the services and for the willingness of a User to actually enter into a contract and to follow through on it.

You therefore agree that PharmaGap cannot be held responsible for the quality of the services of Professionals put in contact with Clients through the Application, nor for the compliance with any condition related to a contract entered into between a Professional and a Client through the Application.

Accordingly, you agree to indemnify PharmaGap for any damages or losses suffered by PharmaGap and for any reasonable expenses incurred by PharmaGap, including all legal and extrajudicial costs, that are related to a claim by a User or third party against PharmaGap, if such claim arises out of your access to or use of the Services Offered. Without limiting the foregoing, this indemnification provision applies if you violate these Terms, applicable law, or the rights of a third party. However, this indemnification clause is not applicable if the claim arises exclusively from a fault of PharmaGap or its representatives.

7.       Fees related to Services Offered to Clients

This clause applies exclusively to the Clients.

Applicable fees for the Services Offered may vary from time to time.

We reserve the right to add, remove or modify any applicable fees at any time without notice, except as required by applicable law.

When Services Offered are subject to fees, we will inform you of these fees before you use these services, either through the Application or by other means of communication we have in your contact information.

You must consult the applicable fee schedule available in the Application or on the website before using any Service Offered. You acknowledge and agree that the availability of the applicable fee schedule in the Application or on the Website is equivalent to the disclosure of the applicable fees to you for the purposes of these Terms.

You agree that your use of any of the Services Offered constitutes your consent to the applicable fees related to that service. If you do not agree to the applicable fees for a Service Offered, you must not use that service.

If you do not consent to a change to the applicable fees for a Service Offered, you must immediately cease accessing and using such service and notify us in writing without delay.

At our discretion, we may ask you to confirm your acceptance of the applicable fees.

8.       Fees related to Services Offered to Professionals

This clause applies exclusively to Professionals.

Fees, if applicable, for Services Offered may vary from time to time.

We reserve the right to add, remove or modify any applicable fees at any time and at our sole discretion.

If we add a new applicable fee in connection with an Offered Service, we will ask you to consent to it. If you refuse, we may stop offering you the Services Offered.

Upon your acceptance of the applicable fees in connection with a Service Offered, we may change those fees in accordance with the modification clause in the Terms.

You must consult the applicable fee schedule available in the Application or on the website before using any Service Offered. You acknowledge and agree that the availability of the applicable fee schedule in the Application or on the Website is equivalent to the disclosure of the applicable fees to you for the purposes of these Terms.

9.       Consent to communications

You agree to receive our communications in the Application, or by using any contact information we have on file for you, including those of your authorized representatives, if applicable. You agree that a communication made available to you by any of these means constitutes a communication of the information contained therein about you.

In this regard, you agree that it is your responsibility to consult all information, including guides and instructions, that we make available to you in the Application, and you agree that we may consider that such information has been communicated to you, when it is made available to you via the Application.

If you are a Client, you agree that any communication to one of your authorized representatives in accordance with these Terms will be deemed to be a communication of the information to you.

10.  Downloading the Application, access to and usage of the Services Offered

If you are a Professional, we grant you the right, in the province of Quebec, to download the Application and use the Services Offered, solely for your personal use.

If you are a Client, we grant you the right, in the province of Quebec, to download and access the Application and to use the Services Offered solely in the context of your commercial activities related to the search for Professionals and enter into service contracts with such Professionals.

You may not, in whole or in part, copy, modify, distribute, sell, lease or attempt to copy, modify, distribute, sell or lease the Application or any other software or platform provided by PharmaGap in connection with the Services Offered.

11.  Amounts Due by you to PharmaGap

You agree to pay to PharmaGap, without delay, all applicable fees and any amounts owed by you to us in connection with the Services Offered and the Terms (“Amounts Due”).

The Amounts Due include, but are not limited to:

  • the applicable fees related to the Services Offered which are indicated in the fee schedule available in the Application or on the Website;
  • any applicable taxes;
  • the amounts will be due and payable immediately even if the contract is cancelled at a future time;
  • The Amounts Due are non refundable;
  • fees related to your use of the Services Offered or the services of our Affiliates, if applicable and required by law;
  • amounts we have wrongly paid to you because of an error or other reasons;
  • any other amounts you owe us in connection with these Terms.

You agree that we may collect Amounts Due in one or more instalments, on a sporadic or recurring basis, at our discretion, in any of the following ways:

  • through a pre-authorized debit as provided in these Terms;
  • using collection agencies or other collection methods;
  • deducting Amounts Due from any debt owed by us to you, including where the debt is not liquid or due (e.g., by deducting Amounts due from a future payment that PharmaGap is expected to make to you at a future date);
  • in any other manner to which you have consented;
  • in any other manner permitted by applicable law.

12.  Payments of Amounts Due, and remittance of payments due between Users for contracts concluded using the Services Offered

  1. If you are a Client, it is your responsibility to add a credit card, of which you are the authorized account holder, to your PharmaGap Account to allow us to collect the Amounts Due.
  2. We may, from time to time and at our sole discretion, accept alternative payment methods.
  3. If you are a Client, you understand and agree that we have no responsibility for the payment of Professionals with whom you have entered into contracts through the Services Offered.
  4. If you are a Professional, you understand and agree that PharmaGap cannot be held responsible for any amounts owed to you by a Client with whom you have entered into contracts through the Application. You will have to claim the payments due directly from the Client.
  5. Any dispute related to payments due by one User to another, such as to the amounts owed by a Client to a Professional or the time limits for paying such an amount, must be settled directly and exclusively between the Users. Under no circumstances can we be held responsible for such dispute.

13.  No solicitation and obligations related to contracts concluded outside the Application or the Services Offered

If you are a Client, you agree to pay any Professional with whom you have established contact using the Services Offered.

Users should act in compliance with the obligations set out in this clause, including avoiding solicitation or entering into a contract for professional services between them, outside of the Services Offered, as the contact between them has been established using the Application or Services Offered (hereinafter the “Targeted Users”). Targeted Users agree to pay PharmaGap jointly and severally for any applicable fees in connection with a contract for professional services concluded between them outside of the Services Offered, as if such contract had been entered into using the Services Offered. In this regard, Targeted Users agree to cooperate with PharmaGap and provide PharmaGap with the required documentation to enable PharmaGap to determine the amount of the applicable fees. Clients and Professionals agree that it is presumed that, for the purposes of this clause, and unless proven otherwise, they established contact between them to conclude a contract for professional services using the Services Offered.

If you are a User, you agree that your rights and obligations under this clause shall remain in effect for the duration of the Terms and twelve (12) months after the effective date of termination of the Terms.

Notwithstanding the foregoing, if more than twelve (12) months have elapsed since a Professional asked us to close their PharmaGap Account, this clause no longer applies to the relationship between that Professional and any Client.

14.  Pre-Authorized Debit Agreement for business purposes

the terms and conditions set out in this clause constitute a Pre-authorized Debit Agreement for business purposes.

On the date of your acceptance of the Terms and each time you use a Service Offered for which a fee is applicable, you authorize us to debit the Amounts Due by debiting any credit card provided in your PharmaGap Account, in accordance with the terms and conditions set out in this clause.

You agree and understand that the Amounts Due and the time at which they are due may vary from time to time and therefore the terms and conditions set forth in this Pre-authorized Debit Agreement are for varying amounts that may be debited at sporadic intervals.

You certify to us that you are the sole holder of any credit card added to your PharmaGap Account or, if applicable, that you have the authorization of any credit card holder or co-holder for the purposes of accepting the terms and conditions set forth in this Pre-authorized Debit Agreement.

You agree to promptly update your credit card information in your PharmaGap Account.

You understand and agree that the terms and conditions of this Pre-authorized Debit Agreement for business purposes shall apply each time an Amount Due becomes due.

You agree to waive any notice requirement under Payments Canada Rule H1 in respect of any variable amount drawdown subject to the terms and conditions of this Pre-Authorized Debit Agreement.

You will be notified of any credit card charges subject to these Terms and Conditions.

If you wish to cancel this Pre-authorized Debit Agreement, you may do so with thirty (30) days notice by contacting us using the contact information found in these Terms or as set forth in the Application. If you cancel this Pre-authorized Debit Agreement without providing us with a new equivalent authorization, we may suspend or cancel your access to the Application and the Services Offered.

You have certain rights of recourse if a debit does not comply with this Pre-Authorized Debit Agreement for business purposes. For example, you have the right to receive a refund for any charges that are not authorized or are not compatible with this Agreement. For more information on your rights of recourse, contact your financial institution or visit www.paiements.ca

If our attempt to charge an Amount Due to the credit card provided in your PharmaGap Account fails, you agree that PharmaGap will not authorize the contract with the Professional or refuse to provide you with the requested services.

Unless you notify us otherwise regarding a specific pre-authorized debit, you also agree that following an incomplete debit attempt, we have the right to attempt to re-debit the amounts due on each subsequent workday until we complete the pre-authorized debit.

15.  Accuracy of and update to your information

You agree to provide us with all information that we have identified as necessary for the purposes of the Services Offered, including information required to verify your identity or that of your authorized representatives, to comply with applicable law, and to allow us to manage payments related to the Services Offered.

You agree to update your information when it changes. You agree that we have no responsibility as to the accuracy of your information and that we may consider the information in your file to be current and accurate.

We may close, suspend or restrict your PharmaGap Account or cancel your access to our services, in whole or in part, if we are unable to obtain or verify the information you have provided to us.

We are not responsible for any losses you may incur because of incomplete, inaccurate or outdated information on your PharmaGap Account.

16.  Obligations not to commit certain actions

You agree not to commit the following actions, as well as not to attempt to commit them or to collaborate or incite any person to commit them:

  • violate any law, regulation or third-party rights in connection with the Services Offered;
  • circumvent the Application, the systems, the Services Offered or decisions taken regarding the Services Offered or your PharmaGap Account;
  • download, access or use the Application if you are unable to enter into contracts for professional services with other Users, or if your access to or ability to use the Services Offered is temporarily or indefinitely suspended; or if you are a person with whom transacting is prohibited under governmental, professional, economic or trade sanctions;
  • if you are a Client, neglect to pay for services you contracted Professionals for, or commit any act that disrupts payments to Professionals for such services without a legally valid reason;
  • fail to provide the services you have agreed to provide to other Users under contracts you have entered into through the Application, except for a legally valid reason;
  • engage in any action intended to manipulate or disrupt User offers in the scope of the Services Offered or any other PharmaGap User accounts;
  • take any action that could adversely affect PharmaGap’s user rating mechanisms;
  • transfer a PharmaGap Account to a third party without our authorization;
  • share your login credentials with a third party;
  • post any content that is false, inaccurate, deceptive, incomplete, misleading, defamatory, or illegal;
  • distribute or publish spam, unsolicited or mass communications to other Users;
  • distribute viruses or software or technology that may harm PharmaGap or other Users;
  • use tools to collect or extract data related to the Services Offered, whether or not these tools are automated;
  • circumvent any technological measures used to provide or protect the Services Offered;
  • disrupt the operation of the Services Offered;
  • infringe on any copyright, trademark, patent, technical design or other intellectual property right (collectively, the “Intellectual Property Rights”) owned or licensed by PharmaGap. Without limiting the foregoing, the following actions may constitute infringement of Intellectual Property Rights: reproduce, perform, display, distribute, copy, reverse engineer, decompile, disassemble or create derivative works of content owned by PharmaGap or others;
  • infringe on any Intellectual Property Rights of third parties in connection with the Services Offered or publish content that does not belong to you;
  • market the Application, data or software related to the Application or that may extract or connect to the Services Offered; or
  • collect or use Users’ information without their consent.

17.  Other commitments

If you are a Professional, you also agree to:

  • You will act in a manner that respects the commitments you have made under the contracts you entered into through the Application.
  • Always arrive on time for services you committed to undertake in the contracts you entered into through the Application.
  • Carry out the tasks you have committed to perform under the contracts you entered into through the Application.
  • Not sub-contract a third party to perform tasks you have undertaken to perform within the scope of contracts you concluded through the Application.
  • Fully respect your professional commitments and code of ethics, and act as a prudent and diligent professional within the framework of the contracts you entered into through the Application.
  • Not act in a manner that interferes with PharmaGap’s operations or the proper functioning of the Application. You should fully respect your obligations to PharmaGap.

 

If you are a Client, you also agree to:

  • Warrant that Amounts Due to PharmaGap will be payable when concluding a contract or when subscribing to a Service Offered by PharmaGap.
  • Respects contracts and payments entered into through the Application.
  • Not to interfere with PharmaGap’s operations or the proper functioning of the Application.
  • Fully respect your obligations to PharmaGap.

 

Applicable to Professionals and Clients: Without limiting our other rights provided in the Terms, we reserve the right to suspend your access to the Services Offered without notice or delay, including the Application, if you do not comply with any of these other commitments.

18.  Trademarks

The name “PharmaGap” and other PharmaGap trademarks, logos, designs, slogans and phrases that we use in connection with the Services Offered are trademarks of PharmaGap. You may not use them without our prior express written permission.

19.  Rules related to communications between Clients and Professionals

You agree to only use the communication services integrated into the Application for the purposes of the Services Offered, including entering into a contract with a User of the Application.

This means that you agree not to:

  • Contact a Client or Professionals through the Application, to conclude a contract outside the Application.
  • Ask a Client or a Professional for personal or other information, in order to be able to contact them outside the Application; all communications between Clients and Professionals before the conclusion of a contract must be done exclusively via the Application.
  • Ask a Client or Professional to fill out a form, call you, send you a text message, email or contact you through a communication service other than the Application, prior to concluding a contract.
  • Cancel contracts, in whole or in part, to ask a Client or a Professional to enter into a new contract outside the Application.
  • Request or encourage a Client or Professional to enter into future contracts outside of the Application.
  • Include in the Application’s messaging system, hyperlinks or any other mechanism intended to direct a Client or a Professional out of the Application.

You authorize us to view messages exchanged via the Application, for the purposes of ensuring compliance with the Terms.

20.  Rating and review rules

You may not use User rating and reviews in a manner that is unlawful, discriminatory, abusive, or contrary to good faith.

This means, among other things, that you may not submit a review for the purpose of unduly harming a User.

You may not suggest or impose on a User any conditions to determine the extent of a positive or negative review that you can post or that a user can post about you.

You have an obligation to ensure that any review you leave in connection with a rating is consistent with the positive or negative rating you have given. For example, you can’t leave a negative review, if you gave a perfect rating.

If we reasonably suspect that you have violated the rules on ratings, you agree that we may: remove your content, send you a warning, restrict your access to one or more of the Services Offered, or suspend your PharmaGap Account.

We are under no obligation to moderate reviews, or to post or remove any reviews.

We may suspend the ability to submit reviews for any User reasonably suspected of violating these Terms.

21.  Additional limitation of liability

This clause applies to you only if you are a Client. It is in addition to any other limitation of liability provided in these Terms.

We strive to maintain the security and proper functioning of the Services Offered, but we cannot guarantee the uninterrupted operation of or access to the Services Offered. Updates to offers or any information to be posted or exchanged through the Services Offered may not be in real time.

You agree that your use of the Services is at your own risk and that the Services are offered to you without warranty, including without warranty that the Application and the Services Offered are free from latent defects and without warranty of reliability or availability or non-infringement and without warranty of proper functioning or result.

Therefore, you agree not to hold us liable for any claim, damage or loss related to:

  • content you post or provide in connection with the Services Offered;
  • your access to, use of, or inability to use the Services Offered;
  • delays, delays or interruptions in the Services Offered;
  • viruses or other malicious software acquired by accessing the Services Offered;
  • bugs, errors or inaccuracies of any kind related to the Services Offered;
  • damage to your materials related to the Services Offered;
  • the content, actions or inactions of other Users;
  • suspension of a PharmaGap Account or inability to access a PharmaGap Account.

22.  Changes to these Terms

  1. Applicable to Clients:

We may change these Terms at any time by posting amended Terms on our website (pharmagap.com) or in the Application. It is our responsibility to check whether we have released an update, when you access the Application.

We will post such amended Terms thirty (30) days prior to their effective date.

You agree that your use of the Services Offered following the posting of notice of a change in accordance with these Terms will constitute your acceptance of the amended Terms. If you do not agree to the changes following the posting of a notice of change, you must notify us before the changes come into effect and stop using the Services Offered before the changes come into effect, including by deleting the Application and ceasing to use it. In such an event, you will be deemed to have terminated these Terms of Use and your PharmaGap Account will be closed and any Amounts Due in connection with the Services Offered will become immediately payable.

 

  1. Applicable to Professionals:

We may remove, add or modify any provision of these Terms at any time and in the manner provided in this clause (b) or in the manner provided in clause (c) below.

If we change the Terms of Use as set out in this clause (b), we will post the amended Terms on our website (pharmagap.com) or in the Application and we will send you a notice at least thirty (30) days before the changes become effective. This notice will be sent to you through the Application or by other means of communication that we have in your contact information. The notice will indicate the effective date of the amendments and will contain the wording of the existing and amended versions of affected clauses as well as the wording of any new clause that will apply when the changes become effective.

You will be bound by the changes as of the effective date set forth in the notice, subject to your right to refuse the changes within thirty (30) days of them becoming effective and to terminate these Terms without cost or termination penalty. In such event, you must notify us in writing of your intention to terminate these Terms before the expiration of such thirty (30) day period. Upon receipt of such notice, your PharmaGap Account will be closed and any Amounts Due in connection with the Services Offered will become immediately payable.

  1. Applicable to all Users:

Notwithstanding the modification rules set out in clauses (a) and (b) above, we may also modify the Terms by asking you to accept changes to or a new version of the Terms. In such event, you will be bound by the amended Terms upon your express acceptance of such changes or new version of the Terms, which becomes effective as of the date of your acceptance or the date set forth in the changes or new version of the Terms as applicable.

23.  Apple device terms

These additional terms apply to you if you download the Application on an Apple device with an iOS operating system:

  • You understand that the Terms constitute an agreement between you and PharmaGap and not with Apple. Apple is not responsible for the Services Offered, including the Application and its content.
  • PharmaGap grants you the right to use the Application only on an iOS product that you own or control and in accordance with the usage rules set forth in the App Store Terms of Use.
  • Apple has no obligation to provide any maintenance and support services associated with the Application.
  • You represent and warrant (i) that you are not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. government list of sanctions, restrictions, or prohibitions.
  • Apple is not responsible for the investigation, defense, settlement and discharge of any claim of infringement of any third party’s intellectual property rights.
  • Apple is not responsible for addressing any claims by you or any third party about the Application or your possession or use of the Application, including, without limitation: (a) product liability claims; (b) complaints that the Application fails to comply with applicable regulatory or legal requirements; and (c) complaints related to consumer protection or similar legislation.
  • If the Application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the Application, if any. To the fullest extent permitted by law, Apple will have no other warranty obligation associated with the Application.
  • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use, and by your agreement, Apple, as a third-party beneficiary, has the right (and is deemed to have accepted the right) to enforce these Terms of Service against you.

24.  Applicable law

The Terms are governed exclusively by the laws of Quebec and the laws and regulations of Canada applicable in that province.

25.  Compliance with applicable law

In connection with your access to and use of the Application and the Services Offered, you agree to comply with the applicable laws and any contracts entered into with third parties that may affect your use of the Application (e.g., your service agreement with an internet provider). This means that you alone remain responsible for ensuring that your access to or use of the Application and the Services Offered complies with all applicable laws and regulations, including any code of ethics governing your business activities, your professional or commercial activities.

26.  Dispute resolution and arbitration

If you are a Professional: You expressly consent to the exclusive jurisdiction of the courts of the Province of Quebec for the purpose of resolving any dispute related to these Terms involving PharmaGap.

If you are a Client: Any dispute relating to or arising out of these Terms between a Client and PharmaGap, or relating to any legal matter related hereto, shall be finally settled by arbitration in accordance with the ADR Institute of Canada Arbitration Rules Inc. The seat of arbitration will be Montreal. The arbitration will be conducted in French.

27.  Our right to suspend your access and terminate these Terms

We may suspend your access to the Services Offered, including the Application, and terminate the Terms at our sole discretion, by posting you a 15 day notice to that effect on the Application or by sending you at least a 15 day notice by other means of communication that we have in your contact information.

Notwithstanding the foregoing, if you are a Professional, we may terminate these Terms by giving you at least a sixty (60) day prior notice posted on the Application or by sending you a notice by other means of communication that we have in your contact information. However, where the paragraph below applies, we may terminate these Terms without delay with a notice to that effect posted on the Application or sent by other means of communication that we have your contact information.


Notwithstanding the foregoing, in the event of fraud or violation of the Terms, we may, and without notice, suspend your access to the Services Offered, including the Application, and remove any content that you have published or communicated through the Services Offered. In such an event, we may also terminate these Terms without delay, by posting you a notice to that effect on the Application or by sending you a notice by a way of communication that we have in your contact information.

In the event of suspected fraud, we may also exercise the rights set out in the preceding paragraph for a period of time, to reasonably allow us to complete any investigation or verification required in this regard.

28.  Certain consequences of termination of these Terms

In the event of any termination of these Terms, either by you or by us, any provision which is intended, by its nature, to survive the termination of the Terms will continue to apply.

You agree that any Amount Due becomes immediately payable on the effective date of termination, without further notice or delay.

In the event of a suspension of the Services Offered or the termination of these Terms for a User (“Suspended User”), we will notify the Clients and Professionals who have entered into unfulfilled contracts with the Suspended User. They may then take any action they deem necessary, including terminating contracts with the Suspended User, if applicable.

You agree and understand that we do not offer any services in connection with any contracts involving Suspended Users.

29.  Waiver of certain rights in relation to service contracts

If you are a Client, you expressly waive the application of articles 2125 to 2129 of the Civil Code of Québec.

30.  Consent to subcontracting

You agree that we may use subcontractors and service providers for the purpose of performing, in whole or in part, the Services Offered, without the obligation to notify you or obtain your prior consent.

31.  Cession

You agree that we may assign our rights and obligations under the Terms, in whole or in part. If we exercise our right of assignment under this clause, we will notify you.

32.  Severability of these terms

If any provision of these Terms is held to be invalid or unenforceable for any reason, the remainder of the provisions shall remain in effect and the Terms shall continue to apply to the remainder.

33.  No obligation to exercise our rights

We have no obligation to enforce any of our rights under the Terms, either from you or from other Users subject to these Terms. You agree that our failure to act with respect to any breach by you or others shall not constitute a waiver of our right to act with respect to subsequent or similar breaches.

* * *

 

PharmaGap Contact Information:

cs@pharmagap.com

514-331-5200