TERMS OF SERVICE
These terms and conditions of use for the Relief Buddy mobile application, website, and technology platform (collectively, the “Relief Buddy Platform”) constitute a legal agreement and are entered into by and between you and Relief Buddy Inc. (“Relief Buddy,” “we,” “us” or “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the “Agreement”), govern your access to and use of the Relief Buddy Platform, including any content, functionality, products and services offered on or through the Relief Buddy Platform, including any relief work services (“Relief Work Services”) solicited, offered or accepted by you through the Relief Buddy Platform.
1. The Relief Buddy Platform
The Relief Buddy Platform provides an online marketplace where licensed pharmacies seeking pharmacists or registered pharmacy technicians to fill certain relief shift work at their pharmacies (“Pharmacies”) can be matched with licensed pharmacists offering to complete relief shift work (“Pharmacists”), or registered pharmacy technicians offering to complete relief shift work (“Technicians”) . In this Agreement, a “User” means a Pharmacy, Pharmacist, or Technician using the Relief Buddy Platform and “Relief Shift” means a posting for Relief Work Services at a specified time and date by a Pharmacy for acceptance by Pharmacists or Technicians on the Relief Buddy Platform.
2. Changes to this Agreement
Relief Buddy reserves the right in its sole discretion to revise and update these terms and conditions at any time and from time to time, without notice to you. Any and all such amendments are effective immediately upon posting on the Relief Buddy website and apply to your access to and continued use of the Relief Buddy Platform. By continuing to use the Relief Buddy Platform after an amendment is posted, you accept and agree, without limitation or qualification, to be bound by this Agreement, as amended. You agree to review this Agreement periodically in order to be aware of amendments and you understand that the most recent version of this Agreement will be located on the Relief Buddy website.
You may only access and use the Relief Buddy Platform if you are a Pharmacist or Technician who is licensed to practice pharmacy in a province in Canada or a Pharmacy who is licensed to carry on business as a pharmacy in a province in Canada. You may not access or use the Relief Buddy Platform if you have been suspended or otherwise prohibited from using the Relied Buddy Platform by us.
4. Your Use of the Relief Buddy Platform and Relief Buddy Account
- The Relief Buddy Platform, including access to products or use of services through the Relief Buddy Platform, requires user registration and creation of a user account (a “Relief
Buddy Account”). It is a condition of your use of the Relief Buddy Platform that all the information you provide on the Relief Buddy Platform and to register for a Relief Buddy Account is correct, current, and complete and is updated by you as required to ensure its accuracy at all times. You acknowledge that we, other Users and members of the public may rely on the information you provide on the Relief Buddy Platform as being accurate, current, complete and up to date at all times.
- If you provide any information in your Relief Buddy Account that is untrue or inaccurate or if Relief Buddy has reasonable grounds to believe that such information is untrue or inaccurate, Relief Buddy may suspend or terminate your access to your Relief Buddy Account and the Relief Buddy
- Although we do our best to protect your personal information, unfortunately the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your personal information transmitted by you to our Relief Buddy Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Relief Buddy
- Your provision of registration information and any submissions you make to the Relief Buddy Platform through any functionality such as applications, e-mail, instant messaging, personal or interest group web pages, profiles, forums, message boards, contact submission forms and other such functions constitutes your consent to all actions we take with respect to such information consistent with our Privacy
- Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any person or entity other than Relief Buddy upon You must exercise caution when accessing your Relief Buddy Account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you register for and create a Relief Buddy Account, your Relief Buddy Account is personal to you and you agree not to provide any other person with access to the Relief Buddy Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.
- We reserve the right at any time and from time to time, to disable or terminate your Relief Buddy Account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this
- If you are a Pharmacy, you agree to pay us the fees for Relief Work Services you receive from a Pharmacist or Technician which are booked from your Relief Buddy Account (“Relief Shift Fees”) which include an Administrative Fee (defined below) for each Relief Shift booked through the Relief Buddy Platform. Relief Shift Fees include the applicable hourly charge for Relief Work Services provided by a Pharmacist or Technician and taxes applicable in your operating jurisdiction.
- If you are a Pharmacy, in exchange for permitting you to book Relief Shifts through the Relief Buddy Platform, you agree to pay Relief Buddy a fee based on each Relief Shift booked by you through the Relief Buddy Platform (the “Administrative Fee”). The amount of the applicable Administrative Fee shall be equal to 10% of all Relief Shift Fees payable by you for the booked Relief Shift. Relief Buddy reserves the right to change the Administrative Fee percentage at any time at Relief Buddy’s discretion, and Relief Buddy is not obligated to notify you of such changes. Continued use of the Relief Buddy Mobile App Platform after any such change shall constitute the user’s consent to such
- If you are a Pharmacist or Technician, we will pay you the applicable Relief Shift Fees for Relief Work Services you provide and which were accepted by you through your Relief Buddy Account. You expressly authorize Relief Buddy to act as your agent to collect all Relief Work Fees from Pharmacies on your behalf. Relief Buddy will use reasonable efforts to inform you of any change to the Relief Shift Fees, provided that your continued use of the Relief Buddy Platform after any such change will constitute your consent to such change. Relief Buddy reserves the right to withhold all or a portion of Relief Shift Fees payable to you hereunder if we reasonably believe that you have attempted to defraud or abuse the Relief Buddy Platform or violate the terms of this
- If you are a Pharmacist or Technician and registered to collect sales tax in your jurisdiction, then we will pay you the Relief Shift Fees, including applicable sales tax if you are registered to collect sales tax in your jurisdiction. In this case, it is your obligation to remit the sales tax included in all Relief Work Fees you receive from a Pharmacy to the applicable governmental tax authority which collects sales tax in your jurisdiction. However, if you are a Pharmacist or Technician and not registered to collect sales tax in your jurisdiction, we will pay you Relief Shift Fees, excluding any sales tax collected from the In this case, we will remit applicable sales tax collected from the Pharmacy directly to the applicable governmental tax authority which collects sales tax in your jurisdiction. For certainty, if you are a Pharmacist or Technician, it is your responsibility to determine if you must register to collect sales tax in your jurisdiction and you warrant to us that you will provide us with accurate tax information at all times. Please seek and obtain professional tax advice if you are uncertain about your tax obligations.
- Once a Relief Shift has been accepted and completed by a Pharmacist or Technician, there will be no refund to the Pharmacy, even if the quality of service is poor. The Pharmacy, however, will have the right and the ability to rate the Pharmacist or Technician upon completion of a Relief Shift through the Relief Buddy Platform. Relief Shift Fees will
be assessed and billed immediately to the Pharmacy’s authorized payment method following the Pharmacy’s confirmation of the hours submitted by the Pharmacist or Technician through the Relief Buddy Platform upon completion of the Relief Shift. All Charges are non-refundable. This no refund policy shall apply at all times regardless of a Pharmacy’s decision to terminate usage of the Relief Buddy Platform, any disruption to the Relief Buddy Platform, or any other reason whatsoever.
- If you are a Pharmacy, you may elect to cancel a Relief Shift at any time prior to the start of such Relief Shift; however, you will be charged a cancellation fee as follows:
- For a cancellation 14 days or more prior to the Relief Shift date, no charge;
- For a cancellation 4-14 days prior to the Relief Shift, $100.00 plus applicable taxes
- For a cancellation less than 72 hours prior to the Relief Shift, the full value of the Relief Shift Fee and Administrative Fee for such Relief Shift;
If a Relief Shift is posted, but you have not accepted a Pharmacist or Technician to fill such Relief Shift, then it may be cancelled at any time without a cancellation fee.
- If you are a Pharmacist or Technician, you may elect to cancel a Relief Shift at any time prior to the start of such Relief Shift; however, you will be charged a cancellation fee as follows:
- For a cancellation 14 days or more prior to the Relief Shift date, no charge;
- For a cancellation 4-14 days prior to the Relief Shift, $100.00 plus applicable taxes
- For a cancellation less than 72 hours prior to the Relief Shift, $200.00 plus applicable taxes
- It is our expectation that Users will honour their commitments to Relief Shifts which have been posted and/or accepted. Therefore, notwithstanding the above sections, Users who frequently cancel Relief Shifts or Users who we reasonably believe are cancelling shifts in a manner which disrupts the integrity of the services provided through the Relief Buddy Platform may be banned from the Relief Buddy Platform at our sole
7. Pharmacist or Technician Obligations
- If you are a Pharmacist or Technician, at all times while using the Relief Buddy Platform and providing Relief Work Services, you agree to:
- act professionally, ethically, and competently and abide by all standards of practice and codes of ethics outlined by your applicable provincial and federal licensing bodies;
- adhere to all applicable provincial and federal laws and regulations that govern the geographical region in which you practice, including (i) the Health Professions Act, and its regulations and standards; (ii) the Pharmacy and Drug Act, its regulations, and the Standards for the Operation of Licensed Pharmacies; (iii) the Code of
Ethics; (iv) Section 7.1 of the Government Organization Act; (v) the Food and Drugs Act and its regulations (vi) the Controlled Drugs and Substances Act and its regulations, including the Narcotic Control Regulations; and (vii) the Health Information Act and its regulations. For greater certainty, you will comply with the letter and spirit of all applicable provincial and federal laws and regulations to ensure that the public and each patient receive the full protection of the law. You will keep yourself apprised at all times to any changes to any applicable laws, regulations, standards of practice, rules or codes of ethics which apply to you.
- only accept Relief Shifts in a province or jurisdiction in which you are licensed to practice pharmacy. For example, if you are a licensed Pharmacist or technician in Alberta by the Alberta College of Pharmacists, then you can only work in Alberta;
- have active professional liability insurance coverage as required by your provincial licensing body. For example, in Ontario, please see OCP College By-Law 188.8.131.52 in Article II, relating to membership in the college. The Pharmacist’s or Technician’s professional liability insurance will be considered the Pharmacist’s or Technician’s primary coverage with the excess to be covered by the Pharmacy Owner/Manager’s insurance.
- be a duly registered Pharmacist or Technician in a Canadian province and be in good standing with your respective licensing body (e.g. in Ontario, the Ontario College of Pharmacists), including being up to date on all licensing fees owed to such body. If you are the subject of any investigation or case by a complaints or disciplinary committee of a licensing body, you must immediately inform Relief Buddy.
- when registering to use the Relief Buddy Platform as a pharmacist or technician, answer each registration question honestly and truthfully. If it is discovered that you were untruthful or misleading, then we may immediately suspend you from using the Relief Buddy Platform;
- be truthful when selecting or listing your skills and competencies, including the types of pharmacies you are familiar with, and the specialty skills you For example, with respect to software competency, if you select “Kroll” as a pharmacy software then you must have sufficient working knowledge and proficiency using this software to be able to work independently without any supervision to process, adjudicate, and dispense prescriptions efficiently and accurately. For further clarity, you will not indicate at any time through the Relief Buddy Platform that that you have knowledge, skills or training (such as methadone dispensing or injection training) unless you have (i) valid certification to perform these pharmacy specialty skills and (ii) work experience acquired in Canada at another Canadian pharmacy using such knowledge, skills or training. If you provide false or misleading information with respect to your skills and competencies in the Relief Buddy Platform, we may immediately suspend you from using the Relief Buddy Platform and you may face legal liability for wrongful practice as a pharmacist or technician;
- only practice within the practice scope of pharmacists or technicians and only engage in pharmacy activities that you are authorized and competent to perform;
- be solely responsible for any and all liability that results from or is alleged as a result of your provision of Relief Work Services, including, but not limited to any malpractice, dispensing error, personal injury, death or property damages; and
- pay all applicable federal, provincial and local taxes based on your provision of Relief Work Services and any Relief Shift Fees paid to
8. Pharmacy Obligations
If you are a Pharmacy, at all times while using the Relief Buddy Platform and receiving Relief Work Services, you agree to:
- possess all valid licensures, approvals and authority to operate as a pharmacy within your jurisdiction that you provide Relief Work Services, and operate in the capacity of an owner or manager who is authorized to book or schedule relief shifts on behalf of the pharmacy in question.
- You own, or have the legal right to operate, the pharmacy you use when providing Relief Work Services, and such pharmacy is in good operating condition and meets the regulatory and industry safety standards and all applicable statutory and provincial requirements for a pharmacy of its
- You will only provide Relief Work Services using the pharmacy that has been registered in the mobile Application and reported to, and you will not post relief shifts for a pharmacy that is not compliant with provincial rules and regulations for pharmacists, technicians and pharmacies in your jurisdiction of
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the pharmacy you use to provide Relief Work
- In the event of an incident or accident at your pharmacy, you will be solely responsible for compliance with any applicable statutory or jurisdictional requirements, for reporting the incident or accident to Relief Buddy and your insurer in a timely manner, and for all necessary contacts with your insurance carrier. All Pharmacies involved in any cases in front a provincial or federal Complaints Committee or Discipline Committee as a defendant must immediately inform Relief Buddy as this information must be brought to the attention of Users.
- You will not attempt to defraud Relief Buddy or Pharmacists or Technicians in connection with your provision of Relief Work Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Relief Services Fees or other payments for the Shift(s) in question.
- You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. You will make reasonable accommodation for service
9. No Contracting Outside Relief Buddy Platform
- No User will attempt to directly or indirectly circumvent the Administrative Fee by privately contracting or accepting payment outside the Relief Buddy Platform with or from another User with whom the User was connected via the Relief Buddy Platform. We may ban any User found or suspected by us to have violated this
- For greater certainty, you will not accept or offer permanent, temporary, or contractual work or employment (whether permanent, relief, part-time or full-time) to or from another User who you connected with via the Relief Buddy Platform (other than through the Relief Buddy Platform) for a period of 12 months after you last provided or received Relief Work Services to or from such User without the prior written consent of Relief Buddy, which consent will be subject to a fee payable to Relief If you do not obtain Relief Buddy’s prior written consent as provided herein, you agree to pay a penalty charge of 15% for every dollar earned or projected to be earned as a result of such work or employment.
10. Relief Buddy Communications
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, mail, Relief Buddy mobile app, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Relief Buddy, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of Relief Buddy, its affiliated companies and/or other Users, including but not limited to: operational communications concerning your User account or use of the Relief Buddy Platform, updates concerning new and existing features on the Relief Buddy Platform, social media and general communications concerning promotions run by us or our third party partners, and news concerning Relief Buddy and industry developments. If you wish to opt-out of promotional emails, text messages, or other communications, you may opt-out by contacting us by email. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Relief Buddy Platform or the Services.
11. Consent to Electronic Communications
By using the Relief Buddy Platform or sending e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Your Information
- In this Agreement, “Information” is any information you provide, publish or post to or through the Relief Buddy Platform (including any profile information you provide) or send to other Users (including via in-application messaging and feedback, any email feature, or through any Relief Buddy-related Facebook, Twitter or other social media posting). You consent to us using your Information to create a User account that will allow you to use the Relief Buddy Platform and participate in the Relief Work Services. Our collection and use of personal information in connection with the Relief Buddy Mobile App Platform and
- You are solely responsible for your Information and your interactions with other Users within the Relief Buddy Platform and members of the public. We act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as being accurate, current and
- You warrant and represent to us that you are the sole author of your To enable the Relief Buddy Mobile App Platform to use your Information, you grant to us a non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate such Information into other works, in any media format. Relief Buddy does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
13. Social Networking Sites
As part of the functionality of the Relief Buddy Platform, you may be able to create or login to your Relief Buddy Account through existing online accounts you may have with third party social networking sites (each such account, an “SNS Account“) by providing your SNS Account login information through the Relief Buddy Platform or allowing Relief Buddy to access your SNS Account. By granting Relief Buddy access to any SNS Accounts, you understand that Relief Buddy may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the Relief Buddy Mobile App Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the Relief Buddy Platform.
14. Information Found on Relief Buddy
You acknowledge that any information provided or shared on the Relief Buddy Platform (including any websites or social media available through the Relief Buddy Platform), are to be used for information and educational purposes only. Content shared on the Relief Buddy Platform’s Relief Work Services section between Users of the app, as well as the social media that is accessible to the public, should not be considered as an authoritative source of any policies, practices, procedures or guidance from Relief Buddy on performing both pharmaceutical and non- pharmaceutical work. All information found or shared in chats, discussion forums, text messages, voice messages, email messages, and images between registered and non-registered users of the Relief Buddy Platform, website and social media postings, are not intended to provide pharmaceutical or legal opinions or advice of any kind. You should not rely on any such information or act on it in any way (this includes suggestions, feedback and commentary from other pharmacies, pharmacists, technicians or public users of the app). If you are seeking specific pharmacy practice guidelines or professional advice of any kind then you should consult an appropriately qualified professional, institution or lawyer. Relief Buddy is not liable nor endorses
any of the content shared both on the entire Relief Services Platform between registered and non- registered users or the social media section of the app, including website and social media sites as well.
14.1 Restricted Activities
With respect to your use of the Relief Buddy Platform and your participation in the Relief Work Services, you agree that you will not:
- impersonate any licensed pharmacist, technician or pharmacy or any other person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any applicable laws, rules or regulations of any government or regulatory body;
- interfere with or disrupt the Relief Work Services or the Relief Buddy Platform or the servers or networks connected to the Relief Buddy Platform;
- post Information or interact on the Relief Buddy Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use the Relief Buddy Platform in any way that infringes any third party’s rights, including any third party intellectual property rights;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Relief Buddy Platform;
- “frame” or “mirror” any part of the Relief Buddy Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Relief Buddy Platform or any software used on or for the Relief Buddy Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the Relief Buddy Platform or access to any portion of the Relief Buddy Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Relief Buddy Platform or its contents;
- create liability for us or cause us to become subject to regulation as a services provider of relief services;
- link directly or indirectly to any other mobile apps or web sites;
- transfer or sell your User account, password and/or identification to any other party; or
- cause any third party to engage in the restricted activities
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with the above prohibitions.
15. Additional User Covenants
At all times while you are using the Relief Buddy Platform or performing or receiving Relief Work Services, you covenant to:
- not solicit or interfere with any employee of Relief Buddy, another User (except through the Relief Buddy platform to solicit Relief Work Services), or any other person or business who deals with us or another User;
- comply with all applicable laws, rules and regulations while providing or receiving Relief Work Services, and you will be solely responsible for any non-compliance;
- not make any misrepresentation regarding Relief Buddy, the Relief Buddy Platform, the Relief Work Services or your status as a pharmacist, technician or pharmacy, or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement; and
- provide any information or documents requested by Relief Buddy to confirm your status, identity or registration as a licensed pharmacist, technician or pharmacy, as applicable, in good standing with relevant licensing bodies. To this end, you agree that we may obtain information about you, including your criminal and driving records;
16. Proprietary Rights
- All intellectual property rights in the Relief Buddy Platform shall be owned by us absolutely and in their These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Relief Buddy Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Relief Buddy. Relief Buddy shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Relief Buddy, the Relief Buddy Platform and other Relief Buddy logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Relief Buddy in Canada and/or other countries (collectively, the “Relief Buddy Marks”).
- You acknowledge that Relief Buddy is the owner and licensor of the Relief Buddy Marks, and that your use of the Relief Buddy Marks will confer no additional interest in or ownership of the Relief Buddy Marks in you but rather inures to the benefit of Relief You agree to use the Relief Buddy Marks strictly in accordance with Relief Buddy’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Relief Buddy determines to nonconforming or otherwise unacceptable.
- The following disclaimers are made on behalf of Relief Buddy, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and
- The Relief Buddy Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Relief Buddy Platform and/or the Relief Work Services, including the ability to provide or receive Relief Services at any given location or
- We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some provinces do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from province to
- We do not warrant that your use of the Relief Buddy Platform or Relief Work Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Relief Buddy Platform will be corrected, or that the Relief Buddy Platform is free of viruses or other harmful We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Relief Buddy Platform or Relief Work Services.
- We have no control over the quality or safety of the transportation that occurs as a result of the Relief Work We cannot ensure that a Pharmacy, Pharmacist or Technician will complete an arranged Relief Shift.
- We cannot guarantee that each Pharmacy, Pharmacist or Technician is who he or she claims to Please use common sense when using the Relief Buddy Platform and Relief Work Services, including looking at the photos of the Pharmacists or Technicians you have been matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Relief Buddy Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Pharmacy, Pharmacist or Technician prior to engaging in an arranged relief work service.
- Relief Buddy is not responsible for the conduct, whether online or offline, of any User of the Relief Buddy Platform or Relief Work You are solely responsible for your
interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the Pharmacy by Pharmacists or Technicians. By using the Relief Buddy Platform and participating in the Relief Work Services, you agree to accept such risks and agree that Relief Buddy is not responsible for the acts or omissions of Users on the Relief Buddy Platform or participating in the Services.
- It is possible for others to obtain information about you that you provide, publish or post to or through the Relief Buddy Platform (including any profile information you provide), send to other Users, or share during the Relief Work Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Relief Buddy Platform or through the Relief Work Services. Please carefully select the type of information that you post on the Relief Buddy Platform or through the Relief Work Services or release to We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
- Opinions, advice, statements, offers, or other information or content made available through the Relief Buddy Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Relief Buddy Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Relief Buddy Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
- The Relief Buddy Platform contains (or you may be sent through the Relief Buddy Platform) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Relief Buddy
- Location data provided by the Relief Buddy Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Relief Buddy, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Relief Buddy Any of your Information, including geolocational data, you upload, provide, or post on the Relief Buddy Platform may be accessible to Relief Buddy and certain Users of the Relief Buddy Platform.
- This paragraph applies to any version of the Relief Buddy Platform that you acquire from the Google Play or Apple App Store. This Agreement is entered into between you and Relief Buddy. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Relief Buddy Platform. Relief Buddy, not Google or Apple, is solely responsible for the Relief Buddy Platform and the content thereof as set forth hereunder. However, Google and Apple and their subsidiaries are third party beneficiaries
of this Agreement. Upon your acceptance of this Agreement, Google or Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control
- You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Relief Buddy Platform and participation in the Relief Work Services, including:
- your breach of this Agreement or any other agreements it incorporates by reference;
- your violation of any law or the rights of a third party, including, without limitation, other Users, Pharmacy customers, or other individuals, as a result of your own interaction with such third party;
- any allegation that any materials that you submit to us or transmit through the Relief Buddy Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
- your ownership, use or operation of a pharmacy, including your provision of Relief Work Services as a Pharmacy, Pharmacist or Technician; or
- any other activities in connection with the Relief Work
- The foregoing indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
19. Limitation of Liability
IN NO EVENT WILL RELEIF BUDDY, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE RELIEF BUDDY PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE RELIEF BUDDY PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE RELIEF BUDDY PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In the event that you have a dispute with one or more Users, you agree to release Relief Buddy (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Relief Buddy Platform or participation in the Relief Work Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
21. Term and Termination
- This Agreement is effective upon your creation of a Relief Buddy Account and will remain in full force and effect until
- If you breach any provision of this Agreement, Relief Buddy may prohibit you from using the Relief Buddy Platform or your Relief Buddy Account. Relief Buddy may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Relief Buddy Platform, or any part thereof, including (a) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Relief Buddy Platform including Relief Buddy accounts; (b) removing, adding, modifying or otherwise changing any content on the Relief Buddy Platform. Relief Buddy reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Relief Buddy Platform at any time without notice, but confirms that it has no obligation to do so. Relief Buddy may terminate this Agreement with you at any time in its sole discretion without
- If this Agreement or your permission to use the Relief Buddy Platform is terminated for any reason, then (a) all licenses granted to you by Relief Buddy hereunder shall immediately terminate; (b) you must cease your use of the Relief Buddy Platform and destroy all materials and content obtained from the Relief Buddy Platform and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise; (c) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Relief Buddy Platform and anything connected with, relating to or arising from that use; (d) we will terminate your access to your Relief Buddy Account; (e) any perpetual licenses granted by you to Relief Buddy hereunder shall continue in force notwithstanding such termination; and (f) we may
- Sections 1 (Relief Buddy Platform), 9 (No Contracting Outside Relief Buddy Platform), 17 (Proprietary Rights), 18 (Disclaimers), 19 (Indemnity), 20 (Limitation of Liability), 21 (Release), 22 (Term and Termination), 23 (Governing Law and Jurisdiction, 24 (General), 25 (Notices) and other provision which by its nature will survive any termination of this Agreement.
22. Governing Law and Jurisdiction
- This Agreement, your use of the Relief Buddy Platform and its Content, and all matters relating thereto are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws and notwithstanding your domicile, residence or physical
- Any action or proceeding arising from or relating to Relief Buddy Platform, the Content or this Agreement shall be resolved before the Courts of the Province of Ontario, Canada, sitting in the City of Kitchener, and each party irrevocably submits to the original and exclusive jurisdiction of those Courts in respect of any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such
- You agree that there is no joint venture, partnership, employment or agency relationship between you and Relief
- We may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Relief Buddy Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Relief Buddy Platform or any fees and charges applicable to
- If any provision of this Agreement is found to be unlawful, void, illegal or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the Agreement and shall not affect the validity and enforceability of any remaining
- No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or
- This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and Relief Buddy with respect to the matters contained herein and supersedes all previous agreements, written, oral or otherwise, between the you and Relief Buddy regarding such subject matter. This Agreement does not vary, alter, modify or otherwise affect any other more specific agreements between you and Relief Buddy regarding other
- Relief Buddy may, without prior notice and without your consent, assign any or all of our rights and obligations under this Agreement to another party at any time and upon such assignment the assignee shall assume all of our rights and obligations under this Agreement and Relief Buddy shall be
- The application the United Nations Convention of Contracts for the International Sale of Goods does not apply to the purchase of goods and services from Smart Serve and is expressly excluded.
- Any rights not expressly granted by this Agreement are reserved to Relief
We may give notice to you by means of a general notice on the Relief Buddy Platform, email to your email address in your Relief Buddy Account, or by written communication sent to your address as set forth in your Relief Buddy Account. You may give notice to us by written communication to our address at Relief Buddy Inc., 1009-191 King Street South, Waterloo, Ontario, N2J 1R1.