Terms and Conditions of Use for Lumino Health Pharmacy, provided by Pillway Pharmacy
Welcome to Simpill Health Group Inc. dba Pillway Pharmacy (“Simpill”, “we”, “us”), a virtual pharmacy service, which provides patients with convenient access to medications through our website and mobile app (“Services”). The Services include: (a) Fulfilment Services, which means services provided to a user to fulfill their prescriptions; and (b) Platform Services, which means the maintenance of and provision of the proprietary Pillway platform (the “Platform”) where users can access the Fulfilment Services. The Fulfillment Services are carried out by one of our central fill locations in either Ontario or British Columbia. By using our Services, you agree to have your medications filled from one of our central fill locations. We operate as an agent under the health custodianship of SHG Pharmacy Inc in Ontario and SHG West Pharmacy Inc in British Columbia, which are accredited by the Ontario College of Pharmacists and the College of Pharmacists of British Columbia, respectively, and governed by the regulations set forth by these organizations. Pillway is also fully compliant with the Personal Health Information Protection Act (PHIPA), the Personal Information Protection and Electronic Documents Act (PIPEDA), and the Personal Information Protection Act (PIPA BC).
Disclaimer: By using this Service you recognize that there may or may not be an obligation on you, the user, to update your provincial health record in your home jurisdiction. By continuing to use this Service you represent and warrant that you will comply with all of your obligations, including but not limited to, keeping your provincial health record up to date.
By accessing and using Pillway, you agree to be bound by the following terms and conditions:
Simpill Services allow patients to order medications online or through our Platform. Our pharmacists will review your medication history and ensure that your prescription is filled in accordance with all applicable laws and regulations.
Privacy and Confidentiality
When you order medications through our Services, you represent and warrant that you have the right to do so and that the information you provide is accurate and complete.
We accept payment for medications through our Platform, namely our website and mobile app. Payment options include credit card, private insurance and provincial insurance in BC, AB and ON. You agree to pay for all medications ordered through the Platform in accordance with the prices and payment terms specified at the time of your order that remain outstanding after the application of benefits where applicable. You are responsible for covering the co-pay or any other amount that is not covered by your applicable benefits or insurance plans. We are not responsible for resolving disputes regarding insurance coverage, in the event of a dispute about the application of your applicable benefits or insurance plan, please contact your plan administrator and for provincial health insurance please contact the responsible ministry.
Shipping and Delivery
We ship medications to patients through standard shipping services. You are responsible for providing accurate and complete shipping information, and you agree to be responsible for any consequences resulting from incorrect information provided to us through the Platform, including but not limited to an incomplete shipping address. Further, you may be required to provide valid ID and a signature at the time of delivery, if you refuse to do so, our delivery partner will deny delivery and return the parcel to us at your expense.
By using the Platform, you agree to receive email/push updates from Lumino Health Pharmacy regarding the status of your orders, in addition to other relevant information including but not limited to information about new Platform features or Lumino Health Pharmacy promotions. You can opt-out of these email updates at any time by sending us a message through the Platform, or clicking on the unsubscribe link in the applicable email. Please note that if you opt-out, you may miss out on important updates our new Platform features or new Services. Note that even where you unsubscribe from new updates, you will continue to receive notifications on updates regarding your orders as applicable, including delivery updates.
Use of the Services
By using our Services, including the Fulfilment Services and the Platform, you agree to these terms and conditions. If you do not agree to these terms and conditions, you should not use the Services. Our pharmacies will only fulfil orders for those that have accepted these terms and conditions.
Changes to the platform and the Simpill website
We may make changes to Platform, our website, www.pillway.com (the “Website”) or our Fulfillment Services at any time and without notice. Simpill may also discontinue any aspect of its Service, including the Fulfillment Services, the Platform or the Website at any time and with reasonable notice where possible.
You are required to create an account to use our Platform. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account. You are prohibited from transferring your user account to someone else. However, you may grant a caregiver access to your account, by doing so you will be granting the caregiver the ability to fill orders on your behalf and communicate with the pharmacy team on your behalf. You may request deletion of your Account directly on the platform or by submitting an email request to the support email noted below.
Feedback submitted by user
By submitting feedback or other content to us concerning the operation of the Services, you grant us a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, copy, modify, create derivative works based on, publicly display, publicly perform, and otherwise exploit in any manner such submissions in all formats and distribution channels now known or hereafter devised (including in connection with the Pillway and its business), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
Disclaimer of warranties
The Platform Services are provided "as is'' and without warranty of any kind. Simpill does not warrant that the website, mobile app, or service will be uninterrupted or error-free, and Simpill will not be liable for any interruptions or errors.
You agree to use the Services only for lawful purposes and in a manner that does not infringe on the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party. You agree not to use the Services to transmit or post any material that is abusive, defamatory, harassing, obscene, fraudulent, or otherwise violative of any law.
Simpill and its licensors retain all proprietary rights in the website and mobile app, including all trademarks, trade names, patents, copyrights, and other intellectual property rights. You agree not to use any of our intellectual property without our prior written consent.
Simpill reserves the right to terminate your use of our Services at any time for any reason and shall provide you with reasonable notice of termination, where possible. If any aspect of the Services terminated, we will continue to provide medication support while your prescription profile is transferred to another pharmacy.
Changes to terms and conditions
We may make changes to these terms and conditions at any time. Where we make a material change to these terms and conditions, we will provide you with notice. Your continued use of our service after any changes have been made constitutes your acceptance of the new terms and conditions. For clarity, where we make a material change to these terms and conditions and provide you with the requisite notice, you will not be able to use the Services until you have accepted the new terms and conditions as applicable
Limitation of liability
To the fullest extent permitted by law, Simpill, its officers, directors, employees, agents, licensors, and suppliers will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from the use of the Services or from any information, services, products, or other material available through the Services, including, without limitation, damages for loss of profits, business interruption, loss of programs or data, or otherwise. This limitation of liability applies regardless of the form of action, whether in contract, strict liability, tort (including negligence), or otherwise, even if Simpill has been advised of the possibility of such damages.
You agree to indemnify and hold Simpill, its officers, directors, employees, agents, licensors, and suppliers, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Services.
Any disputes arising out of or relating to these Terms or the use of the Services shall be resolved through binding arbitration in accordance with the Arbitration Act (Ontario) or the Arbitration Act (British Columbia), as applicable. The arbitration shall be conducted by the Ontario or British Columbia International Commercial Arbitration Centre, as elected by the party initiating the arbitration. The arbitration shall be conducted in Toronto, Ontario or Vancouver, British Columbia, as elected by the party initiating the arbitration.
These Terms and any dispute arising out of or relating to these Terms or the use of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario or British Columbia, Canada, as applicable, without giving effect to any principles of conflicts of law.
These Terms constitute the entire agreement between you and Pillway with respect to the use of the Services, superseding all prior or contemporaneous communications, whether electronic, oral, or written, between you and Pillway with respect to the Services. These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representation on our behalf. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of Pillway to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event of any conflict between these Terms and any other agreement you may have with Pillway, the terms of such other agreement shall control.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
These Terms and Conditions were last updated on May 1, 2023.