Site Terms of Use

BE WELL LOYALTY PROGRAM TERMS OF USE

Use of the Platform

This site is owned by McKesson Canada Corporation ("McKesson Canada"), and is operated for your personal use and information. Your use of our services, including any content, functionality and services offered on or through our websites, and to any mobile, tablet and other smart device applications, and application program interfaces that we may develop from time to time (the “Platform”) is subject to the following terms and all applicable laws.

By accessing and browsing the Platform, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use the Platform. You are responsible to ensure that your access to this Platform and material available on or through it are legal in each jurisdiction in or through which you access or view the Platform or such material.

Privacy and Data Use

You agree that McKesson Canada may collect, use and disclose personal information, pursuant to our Privacy Policy, which is incorporated into these terms by reference (and which can be found at https://www.letsbewell.ca/privacy-policy)

You are responsible for any and all information you provide or input or post via the Platform and you acknowledge and agree that if you provide personal information for yourself or any third party you are authorized to do so and accept full responsibility in relation thereto, including without limitation with respect to the accuracy of such information.

If you, for any reason, collect, store or process personal information when using the Platform, you must comply with all applicable privacy and data protection laws, taking into account the nature of the information to be processed. You agree and warrant that you are solely responsible when using the Platform for complying with applicable data protection, security and privacy laws and regulations (including, where applicable the EU General Data Protection Regulation (“GDPR”) and Mexico’s Federal Law for Protection of Personal Data in Possession of Private Individuals (Ley Federal de Protección de Datos Personales en Posesión de Particulares) (the “Data Protection Law”) and its Regulations, including any consent and notice requirements).

You shall defend, indemnify and hold harmless McKesson Canada and its affiliates, officers, employees, agents, successors and assigns (each a “McKesson Party”), from and against any and all fines, suits, actions, proceedings, claims, demands, debts, obligations, settlements, losses, damages, liabilities, costs and expenses (including reasonable legal and professional fees and costs) arising from or in any way connected to: (i) any breach of this section, including but not limited to any failure to comply with any applicable Data Protection Law; and (ii) any claim against McKesson Canada or a McKesson Party by any third party to the extent caused by, relating to or arising in connection with any act or omission of or by you or a party related to you in the performance of this Section, and/or compliance with any applicable Data Protection Law.

Restrictions on Use

You agree not to misuse the Platform. Your use of the Platform is subject to the following restrictions and limitations. You may view, download for caching purposes, and print pages or segments from our Platform, but you agree that you shall not, without our express written consent:

  1. copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, translate, attempt unauthorized access to, place undue load on, run automated processes on, attempt to derive the source code of, modify, or create derivative works of the Platform, any updates, or any part thereof, or any McKesson Canada intellectual property (except as and only to the extent any foregoing restriction is prohibited by applicable law);
     
  2. delete or alter any copyright, trademark or other proprietary rights notices from copies of materials obtained from the Platform;
     
  3. republish, reproduce or store any portion of our Platform in any form for any purpose;
     
  4. copy, sell, resell, or otherwise exploit any portion of our website or Platform for a commercial purpose;
     
  5. use the Platform or any portion thereof for any purposes related to marketing, or in order to build, enhance, promote, or otherwise sell a competing offering;
     
  6. interfere with or disrupt any user, host, or network forming any part of the Platform;

 

  1. exploit the Platform in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity;
     
  2. knowingly submit false or misleading information through or in connection with our Platform;
     
  3. use the Platform or any portion thereof in any way that causes, or may cause, damage to the Platform or impairment to the availability or accessibility of the Platform; or
     
  4. use the Platform or any portion thereof in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

Any attempt to do any of the foregoing is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages and we may, at our sole discretion, bar you from accessing the Platform.

Exclusion of Warranties

McKesson Canada makes no representation or warranty regarding the functionality, the good working order of the functionalities of the Platform, or condition of this Platform, its suitability for use, or that its use will be uninterrupted or error-free. ALL MATERIAL OR INFORMATION ON THIS PLATFORM IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. MCKESSON CANADA AND ITS AFFILIATES, RELATED COMPANIES, AND ITS LICENSORS AND JOINT VENTURE PARTNERS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. McKesson Canada maintains the Platform as a service to the Internet community. The Platform has been designed to provide general information about McKesson Canada and its products, as well as any specialized programs that McKesson Canada may offer from time to time. These pages are not intended to provide instruction on the appropriate use of products produced, supplied or under development by McKesson Canada, its affiliates, related companies, or its licensors or joint venture partners. Access and use of the McKesson Canada Platform is subject to the terms and conditions set forth herein and all applicable laws, statutes, and/or regulations. These exclusions are in addition to any specific exclusion otherwise provided in these terms. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such exclusions which are not permitted do not apply.

Limitation of Liability

NEITHER MCKESSON CANADA NOR ITS AFFILIATES, RELATED COMPANIES, LICENSORS OR JOINT VENTURE PARTNERS WILL BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this Platform. To the extent that the jurisdiction to which you are subject does not allow any part of such limitation, such part does not apply.

Ownership and Confidentiality

It is the policy of McKesson Canada to enforce its intellectual property rights to the fullest extent permitted under law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of McKesson Canada, its affiliates, related companies, or its licensors or joint venture partners, unless otherwise noted. The entire content of the McKesson Canada Platform, including any images or text, may not be distributed, downloaded, modified, reused, reposted, or otherwise used in whole or in part, whether in text, graphical, audio, video or executable form, without the express written permission of McKesson Canada. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.

Trademarks

Please be advised, certain marks on our Platform are protected by trademark rights. When reasonably practicable, McKesson Canada will use ™, SM or ® superscripts to indicate that a word or design mark is protected by trademark rights. However, the absence of such superscripts should not be construed as any indication by McKesson Canada that it does not claim trademark rights to a mark.

Unless and until McKesson Canada specifically informs you in writing to the contrary, you should presume that all marks shown on this Platform are trademarks controlled or used by McKesson Canada and/or its affiliated companies and that trademark laws protect them.

When reasonably practicable or necessary, McKesson Canada will designate the owner of non-McKesson Canada trademarks.

Accuracy of Information

McKesson Canada will use reasonable efforts to include accurate and up-to-date information on the McKesson Canada Platform, but McKesson Canada makes no warranties or representations as to the accuracy of information presented on the McKesson Canada Platform. McKesson Canada shall not be held responsible for any action taken that is based on the information presented on the McKesson Canada Platform, and all users of the McKesson Canada Platform agree that all access and use of the McKesson Canada Platform, and any and all content presented on the McKesson Canada Platform, is at the user's own risk. Neither McKesson Canada nor any party involved in creating, producing or delivering this site will be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of user's access, use, or inability to use the McKesson Canada Platform, or any errors or omissions in the content of the McKesson Canada Platform. Whenever you submit information via this site, you consent to the collection, use, and disclosure of that information in accordance with McKesson Canada's Privacy Policy.

Links

Links and references to other websites or platforms are provided to you as a convenience only. McKesson Canada has not reviewed and does not expressly or implicitly endorse other websites, platforms or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites or platforms, information or material posted thereon, or products or services offered thereon. We do not make any representations or warranties as to the security of any information, including personal information, that you might be requested to give any third party. You may not create links from other websites or platform to this Platform, except if expressly permitted by McKesson Canada. To obtain permission, contact our communications department via email at communications@mckesson.ca.

Viruses, etc.

McKesson Canada does not represent or warrant that the information or materials accessed from or through this Platform will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

Damage to Others

You agree not to introduce into or through this Platform any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

Reserve Rights

All rights not expressly granted in these terms are reserved to McKesson Canada. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of McKesson Canada or any other person or entity.

Governing Law

This site is controlled and operated by McKesson Canada from Montréal and these terms shall be governed by the laws of Ontario and the applicable laws of Canada without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the Ontario in connection with the interpretation or application of these terms.

Change to Terms

McKesson Canada may revise these terms of use from time to time by updating this posting. McKesson Canada may modify, alter or otherwise update the terms applicable to this Platform from time to time without notice, and you agree to be bound by such terms as are in effect at the time at which you access the Platform. McKesson Canada assumes no obligation to update information contained in this Platform.

Jurisdiction

This Platform is controlled and operated by McKesson Canada from Montréal, Québec. McKesson Canada makes no representation that materials on the Platform are appropriate or available for use in locations other than Canada. Those who choose to access this Platform from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Survival

These terms of use apply while you are accessing the Platform and remain in effect thereafter. In the event that this Platform is no longer accessible to you, the provisions of these terms of use set out under the headings “Privacy and Data Use,” “Exclusion of Warranties,” “Limitation of Liability,” “Ownership and Confidentiality,” “Trademarks,” “Accuracy of Information,” “Links,” and “Governing Law” shall survive thereafter.

Contact Information

The full name of McKesson Canada is McKesson Canada Corporation and our address is 4705, Dobrin Street Saint-Laurent, QC, H4R-2P7.

If you have any questions, please email us at compliance@mckesson.ca or call us at 1.514-745-2100.