Last updated: May 13, 2021
Reformulary Group Inc. (“Reformulary Group
” or ”our
“) provides the DrugFinder® service, available through a website browser, a mobile device browser, a downloadable application, or other technology used to access any features, functionality, content or information (collectively referred to as the “Site
”), and the services provided by or through the Site (“DrugFinder
” or the “Services
” or “User
”) that governs your access to the Site and use of the Services.
By accessing the Site and using the Services, you are confirming that you are authorized to agree (including under applicable age of majority laws) and that you are accepting and agreeing to be bound by these Terms and all policies and guidelines incorporated by reference in these Terms.
If you are accepting these Terms as authorized representative on behalf of another individual, you represent and warrant that you have the authority to bind such individual to these Terms and by accepting these Terms, you are doing so on behalf of such individual (in which case the terms “you” or “User” shall refer to such individual and to the authorized representative in his or her capacity as authorized representative). For example, the provisions below relating to Prohibited Uses shall be binding on the individual on whose behalf the authorized representative is agreeing to these Terms and the authorized representative when acting as such. An authorized representative may be a parent, spouse, or other person with the authority to use the Services on behalf of another individual. Reformulary Group reserves the right to request proof from such authorized representative that he or she has the authority to bind another individual to these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SITE AND USING THE SERVICES AS THESE TERMS SET OUT YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF THE SERVICES. IF YOU ARE NOT AUTHORIZED TO AGREE OR DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS THE SITE OR USE THE SERVICES.
These Terms are in effect as of the date of acceptance as noted above. Reformulary Group reserves the right to add, remove, modify or otherwise change any part of these Terms at any time without prior notice. Changes will be effective when the changed terms and conditions are posted on the Site or otherwise made available to you. Your access to the Site and use of the Services will be subject to the then current version of the Terms at the time of such access or use.
It is your responsibility to consult these Terms from time to time to ensure that you are up to date on any changes which may affect you. Your continued access to the Site or use of the Services after the changes to the terms and conditions take effect will constitute your acceptance of such changes. If you do not agree to such changes, you must not access the Site and stop using the Services.
1. OVERVIEW OF OUR SERVICES
Through the Site, Reformulary Group provides access to the Reformulary®, an evidence-based list of drugs curated by an independent committee of clinical experts and organized into tiers based on the healthcare value the drug provides to individuals. Reformulary Group provides health-related and prescription drug information on the Site, including drug lists, medical condition descriptions, drug recommendations, product descriptions, reports, newsletters, articles, opinions and views, pricing information, and co-pay/co-insurance level information (the “Service Content
Service Content is developed by an independent committee made up of clinical experts, based on their review and consideration of the latest scientific evidence, cost-effectiveness data, clinical practice guidelines and real-world use. Reformulary Group does not receive funding from drug manufacturers to develop DrugFinder and does not benefit (directly or indirectly) from prescribing decisions that may be informed by the Service Content.
Users are able to search the Reformulary® by drug name, Drug Identification Number (DIN) or medical condition to get information and obtain recommendations about specific drugs. Users may share the Reformulary® search results with their doctor or pharmacist to discuss their drug choices. Users can also access health information, resources and industry news available on the Site
As a plan member of a health benefit plan provider subscribed to the Reformulary®, you can register a personal User account to access additional features, such as (i) creating your ‘Medicine Cabinet’ to keep track of your medicine and prescription information; (ii) getting information about your coverage for a specific drug under your health benefit plan; and (iii) signing up for alerts about new drug alternatives and other health information. For the purposes of these Terms, where you allow other persons to access and use your User account, the terms “you” or “User” shall refer to such persons.
2. USE OF THE SERVICES
The Services provided through the Site shall be used solely for personal and non-commercial purposes. You may only access the Site and use the Services in accordance with these Terms. In particular, you may not resell, lease, distribute or provide the Services in any manner to others, except as expressly permitted by Reformulary Group pursuant to these Terms. You are responsible for ensuring that you are complying with all applicable laws when accessing the Site and using the Services.
Service Content is designed for information purposes only and is not intended to be a substitute for a physician's advice, diagnosis or treatment, and should not be used to replace a healthcare professional for diagnosis or for treatment. Further, the Service Content is not intended to promote the sale or disposal of any drug. You should not act or rely on any Service Content without seeking the advice of a qualified professional, including a health care professional.
Reformulary Group grants you, and your authorized Users, a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable licence to access and use the Services, Site and Service Content for your own internal use according to these Terms. You may display, download or print the Service Content for your own personal, non-commercial use provided that such Service Content is not modified, and you retain all copyright and other proprietary notices contained in such materials, and you agree to be fully responsible for any consequences resulting from such use. You may not use, or allow others with access to your User account, to use the Services, Site and Service Content in any manner or for any purpose other than the purposes permitted by Reformulary Group in these Terms.
You are responsible and may be held liable for any breach of your representations or obligations under these Terms and for the consequences of such breach, including any resulting loss or damage incurred by Reformulary Group or any other party due to your access to, or use of, the Services, Site or Service Content (including any access or use of the Services, Site or Service Content by other persons under your User account).
You acknowledge and agree that Reformulary Group may investigate any alleged or potential violations of law or these Terms and in doing so, may co-operate with law enforcement authorities. Reformulary Group reserves the right to seek all available remedies for violations of these Terms.
3. OWNERSHIP OF SITE CONTENT
Any and all information (excluding User Content, as defined in Section 4 of these Terms), Service Content, reports, data, databases, graphics, interfaces, designs, web pages, text, images, files, software, services, logos, icons, trade names, audio or video clips, underlying HTML, software codes, meta-tags, trade-marks, service marks, patents, copyrights, trade secrets and other intellectual property rights, whether registered or unregistered anywhere in the world, contained in, associated with or available through the Site (collectively, “Site Content”) including the manner in which the Site Content is presented or appears and all information relating thereto, are the property of Reformulary Group, or used under licence by Reformulary Group, or Reformulary Group is authorized to use or reproduce the Site Content by the holder of all rights thereto.
Your access to, or use of, the Site should not be construed as granting, by implication or otherwise, any licence to use the Site Content without the prior written consent of Reformulary Group.
The Site Content is protected by copyright, trademark or other applicable laws. You are hereby authorized to display the Site Content on your device as part of the expected and ordinary use of the Site. You may not copy or use the Site Content in any other manner or for any purpose. In particular, you may not:
- modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post or otherwise use any of the Site Content or underlying ownership rights or copyrights without the prior written consent of Reformulary Group; or
- remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
4. USER CONTENT, ACCOUNTS AND PASSWORDS
As part of the Services available through the Site, you may provide information including your personal information and information regarding your prescription drugs via a User account, such as drugs dispensed, their dosage and frequency, to Reformulary Group or otherwise contact Reformulary Group with questions, comments and feedback (collectively, “User Content”)
To create a User account, you must complete the registration process. By registering for a User account, you agree to submit accurate, up-to-date and complete information and promptly update such information should it change. You acknowledge that by providing any registration information to Reformulary Group, directly or indirectly, which is untrue, inaccurate, not current or incomplete, Reformulary Group reserves the right to terminate your access to the Site and use of the Services. You must keep your User account and password confidential and must not disclose your User account and password to any third party without your authorization. You are solely responsible for any and all activities, without limitation, which occur under your User account.
You agree to immediately notify Reformulary Group of any unauthorized use of your User account or any other breach of security known to you or that becomes known to you. If you believe someone has accessed your User account without your authorization, it is your responsibility to inform us and set up a new password. You may be held liable for losses incurred by Reformulary Group or other parties arising from your misuse of your User account and password and for any unauthorized use or misuse of your User account and password by someone other than you.
You represent and warrant that any User Content you provide to Reformulary Group is provided lawfully and you have the necessary rights, consents and permissions to provide it to us. You shall be solely responsible for your own User Content and the consequences of submitting and providing your User Content to Reformulary Group through the Site. Except in the case of any inaccuracies caused by Reformulary Group, you are responsible for the accuracy and completeness of any User Content you provide to Reformulary Group. Reformulary Group reserves the right to remove any User Content and User account at any time for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content.
By providing User Content to Reformulary Group, you hereby grant Reformulary Group a worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, reproduce, archive, transmit, publish, create derivative works, cache, and otherwise use the User Content in connection with the Services or Site so that Reformulary Group may provide the Services to you. You also grant Reformulary Group a perpetual, royalty-free, sub-licensable and transferable license to use aggregated and anonymized User Content for research, marketing and analytics purposes, and/or for inclusion into various products and services utilized by healthcare industry stakeholders to improve drug and healthcare program design.
5. PROHIBITED USES
Except as otherwise permitted under these Terms or expressly permitted by applicable laws, User will not access the Site or use the Services, or permit or authorize other persons to access the Site or use the Services:
- for any purpose that is unlawful, harmful or otherwise objectionable, including but not limited to any conduct that would constitute a criminal offence or incur civil liability, infringe others’ intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable laws or these Terms;
- to transmit harmful or offensive communications or material on the Site, such as violent, obscene, discriminatory, defamatory or otherwise illegal communications;
- in any manner which could interfere with or disrupt the Site, servers or networks connected to the Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, disabling, engaging in “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” such sites or disobeying any requirements, procedures, policies or regulations of networks connected to such sites;
- to upload, e-mail, post, make available, provide access, or otherwise transmit on the Site any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;
- to hack or circumvent any system feature including any experimentation, inspection, decrypting, decompiling, disassembling or reverse engineering any portion of the Site for any reason;
- to obtain or attempt to obtain any material or information through any means not intentionally made available to you through the Site;
- to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, licence, transfer, sell or otherwise make available to any third party or create derivative works from or exploit in any way the Site, the Services or Site Content;
- to advertise to or solicit any user to buy or sell any products or services;
- to use or attempt to use another user’s account without authorization, attempt to impersonate another person or create or use a false identity on the Site;
- to collect, use, store or disclose personal information about other users of the Site; or
- violate any applicable local, provincial or federal law and any regulations.
6. PERSONAL INFORMATION
7. NO WARRANTIES
Statements and information on the Site about Reformulary Group, our products and services are provided for information purposes only and do not constitute representations, warranties or conditions, express or implied, statutory or otherwise concerning us, our products and services. All features, content, specifications, services and products described or depicted on the Site are subject to change at any time without notice. The inclusion of any services or products on the Site at a particular time does not imply or warrant that these services or products will be available at any time.
Your use of the Site and any Service Content is at your own risk, including any reliance you may place on statements and information on the Site as the basis for any conclusions. Reformulary Group is not providing any health, medical or other advice, diagnosis or treatment to you, whether in connection with the Services you use through the Site or otherwise. Further, Reformulary Group is not making any representations, warranties, conditions, covenants or agreements that any drug will be effective or helpful in respect of any health or medical condition that may be affecting you or that the drug will not otherwise be harmful to you.
8. RIGHT TO MODIFY
Reformulary Group reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any part of the Services or content of the Site and to restrict or prohibit access to the Site, without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or parts thereof. Reformulary Group reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Services or the Site at any time without notice, but confirms that it has no obligation to do so.
9. THIRD PARTY SITES
The Site, e-mails or other messages or information we may send or make available to you may contain links to sites operated by parties other than Reformulary Group. These links do not imply any endorsement by Reformulary Group of or any affiliation with or endorsement by Reformulary Group of the linked sites or any products or services advertised or offered through such linked sites. Reformulary Group has no control over third party sites and accept no responsibility for any content, material, information, product or service contained in such third party sites. Your access and use of third party sites, including any information, material, products and services therein, is solely at your own risk.
Please review the terms, conditions and privacy policies of any site you access.
These Terms are effective until terminated or replaced by Reformulary Group, with or without cause, in our sole and exclusive discretion. Reformulary Group reserves the right to immediately terminate or suspend any or all the Services, User’s access to the Site, User account or any portion thereof at any time in the event User breaches these Terms or for any other reason. Reformulary Group shall not be liable to User or to any third party in any way for such actions. Any such termination by Reformulary Group shall
be in addition and without prejudice to such rights and remedies as may be available to Reformulary Group, including injunction and other civil or equitable remedies or relief.
If these Terms or User’s permission to access the Site or use the Services are terminated for any reason, then these Terms will nevertheless continue to apply and be binding upon User, in respect of prior access to the Site or use of the Services and anything connected with, relating to or arising therefrom.
Upon termination by Reformulary Group, User’s right to use the Services will immediately cease, the licence to use the Services will terminate, and all User Content and data associated with the User account will be retained and/or deleted as described in Section 4 of these Terms.
THE SERVICES MADE AVAILABLE THROUGH THE SITE, ANY SITE CONTENT AND THIRD-PARTY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THERE ARE NO, AND REFORMULARY GROUP DISCLAIMS ANY, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO, AND REFORMULARY GROUP DISCLAIMS ALL, EXPRESS, IMPLIED, STATUTORY OR OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, SERVICE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE SITE AND SITE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. REFORMULARY GROUP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY, PRIVACY, RELIABILITY, AVAILABILITY, TIMELINESS, CORRECTNESS OR ACCURACY OF THE SITE, SITE CONTENT OR THEIR SUITABILITY FOR ANY PURPOSE WHATSOEVER.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF BREACH OF WARRANTY, STRICT LIABILITY, INDEMNITY OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER, SHALL REFORMULARY GROUP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “REFORMULARY GROUP PARTIES”) BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSSES OR DAMAGES, OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM OR IN CONNECTION WITH:
- ANY ACCESS TO, USE OF OR RELIANCE MADE ON THE SERVICES OR SERVICE CONTENT;
- YOUR INABILITY TO ACCESS THE SITE OR USE THE SERVICES;
- ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES (INCLUDING THROUGH OTHER SITES LINKED OR LINKING TO THE SITE); OR
- ANY DELIVERY, HOSTING OR ANCILLARY SERVICES OR FACILITIES OF THIRD PARTY PROVIDERS USED BY REFORMULARY GROUP;
EVEN IF REFORMULARY GROUP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
You hereby agree to indemnify, defend and hold harmless the Reformulary Group Parties from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from: (i) access to the Site or use of the Services by you or any persons through your User account; or (ii) violation of these Terms by you or any such persons, including but not limited to violation of any third party rights with respect to your User Content. You will assist and co-operate as fully as reasonably required by the Reformulary Group Parties in the defense of any such claim or demand.
14. NO WAIVER
Reformulary Group will not be considered to have waived any of its rights or remedies described in these Terms, unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
15. GOVERNING LAW
Reformulary Group provides the Services from its offices in the province of Ontario, Canada. The Site can be accessed from all provinces and territories in Canada, as well as from other countries around the world. All matters relating to access to the Site, use of the Services or other sites linked or linking to the Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein.
Any dispute between Reformulary Group and User arising from, connected with, or relating to the Services, the Site, these Terms, or any related matters must be resolved exclusively before the courts of Ontario, Canada, and User irrevocably submits and consents to the exclusive jurisdiction of those courts in respect of all such disputes. Reformulary Group and User hereby waive a jury trial in any action, proceeding or claim arising from or in connection to these Terms, except where prohibited by applicable laws.
16. ENTIRE AGREEMENT
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, or otherwise is invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions of these Terms remaining in full force and effect.
The provisions of Sections 1 (Overview of our Services), 3 (Ownership of Site Content), 4 (User Content, Accounts and Passwords), 6 (Personal Information), 7 (No Warranties), 9 (Third Party Sites), 10 (Termination), 11 (Disclaimer), 12 (Limitation of Liability), 13 (Indemnity), 15 (Governing Law), 16 (Entire Agreement), 18 (Survival) and 21 (Interpretation) shall remain in full force and effect after the termination or expiry of these Terms.
User may not assign or otherwise transfer its rights, duties or obligations under these Terms.
English will be the language of the Site and these Terms, and all contents, information and communication in connection with the Services, and the parties waive any right to use and rely upon any other language or translations. Il est de la volonté explicite des parties que le présent Site et toutes les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.
In these Terms, unless something in the subject matter or context is inconsistent therewith or unless otherwise herein provided:
- a reference to any applicable law is to that applicable law as now enacted or as the same may from time to time be amended, re-enacted or replaced;
- the term “provision” includes terms, conditions, covenants, agreements, representations, warranties and other provisions;
- words or abbreviations that have well known technical, industry or trade meanings are used herein in accordance with their recognized meanings;
- where the word “including” or “includes” is used in these Terms, it means “including (or includes) without limitation”; and
- words importing the singular include the plural and vice versa and words importing gender include all genders.
22. CONTACT US
If you have any questions or would like to report violations of these Terms, please contact us at: PrivacyOfficer@reformulary.com
or by mail at 55 York Street, Suite 1400, Toronto, ON M5J 1R7.