Terms of Service
Latest Update. These Terms of Use were last updated on September 5th, 2021.
We welcome you to our website (any reference to the “Website” includes references to this website and its affiliated web services, applications, files and content). The Website and its contents are the exclusive property of 12331845 Canada Inc., owner of the platform Pill0, a corporation governed by the Canada Business Corporations Act, having its head office at Box 209, Colborne, Ontario, K0K 1S0, Canada (the terms “Pill0,” “we,” “us” or “our” in these Terms of Use shall include any of 12331845 Canada Inc., its directors, officers, shareholders, employees or other representatives).
PILL0 URGES YOU TO READ THE TERMS CAREFULLY, AS THEY INCLUDE PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
1. TERMS AND CONDITIONS
1.1 Terms of Use. These terms and conditions of use constitute an agreement (the “Terms of Use”) between Pill0 and each user (the “User,” “you,” “your,” or “yours”) of the Pill0 Website. Your access to the Website and your use of the Services (as defined below) are subject to your acceptance of and compliance with these Terms of Use. Any access to, or use of, the Website or the Services by you constitutes your acceptance and your agreement to abide by the terms and conditions of the Terms of Use. We invite you to read these Terms of Use carefully before using our Services or Website in any way.
1.2 Privacy Policy. Your subscription to our Services and use of our Website are also subject to your compliance with and acceptance of Pill0’s Privacy Policy (the “Privacy Policy”).
2. SERVICES OFFERED
2.1 Not a medical information provider. Pill0 is a data-driven personalized female healthcare information platform. Pill0 provides relevant information to women based on their health history and based on crowdsourced information which allows registered members to share information and experiences about their medical experiences with contraceptives through organized surveys that get analyzed into general and more specified insights. Our proprietary algorithm identifies contraceptive options based on their typical predicted side effect profile and medical history (the “Services”). Pill0 does not, in any way whatsoever, provide medical advice to its users and does not intend to do so.
2.2 Limited Role of Pill0. You understand and agree that :
2.2.1 Pill0 is not a provider of medical advice, and that Pill0’s Services are limited to those provided in paragraph 2.1 above. Pill0 collects information about you and provides information on the Website relating to different hormonal contraceptive drugs so that you can easily compare those available to you in the marketplace and make an appropriate decision. If you have any questions regarding your health and the selection of a hormonal contraceptive drug, please contact an authorized health professional.
2.2.2
2.2.3 Pill0 owes you an obligation of means only, meaning that Pill0 shall use its best efforts to obtain and distribute on its Website the most up-to-date, complete and accurate information, but Pill0 cannot guarantee that such information is at all times effectively up-to-date, complete and accurate.
2.2.4 The contents of the Website are provided for reference purposes only, and the information found therein shall not be deemed a sufficient basis for making decisions of any nature. The information appearing on the Website cannot be substituted for the advice of a doctor, pharmacist or any other health professional and must not be used to self-prescribe drugs or to diagnose a health condition. Always seek the advice of a health care professional.
2.2.5 The User must always seek the advice of a health care professional or other qualified health care provider properly licensed to practice medicine or general health care in the User’s jurisdiction, concerning any questions the User may have regarding any information obtained from the Website and any medical conditions the User believes may be relevant to them or someone else.
2.2.6 In particular, please consult with a doctor to see if any product referenced or otherwise described on the Website is appropriate for the User. The User must never disregard professional medical advice or delay in seeking it because of something the User has read on the Website which is not directed at their personal care by a properly qualified and licensed health care provider. The User should not act or abstain from acting based on any information provided by the Website. Reliance on any information on the Website is solely at the User’s own risk.
2.2.7 Pill0 does not guarantee the Website's availability and reserves the right to terminate, change, suspend or discontinue any aspect of the Website at its sole discretion and without notice.
3. USER ACCOUNT
3.1 User Account and Liability. Pill0 may offer you from time to time the option to create a user account on the Website, which shall be secured by a password that you must protect at all times (the “Account”).
3.2 The creation and management of an Account are subject to the terms of Pill0’s User Agreement (the “User Agreement”).
4. CONDITIONS OF ACCESS TO THE WEBSITE
4.1 Web Browser and Operating System. To access the Website, a compatible web browser or operating system is required. You understand and agree that Pill0 may cease to ensure compatibility of the Website with any web browser or application system at any time and without notice to you.
4.2 No use by a minor. If you use the Website, you represent that you are of legal age to enter into this agreement through the Website and become bound by its terms. If you are under the age of consent in the jurisdiction in which you reside, your parent or guardian should use the Website on your behalf, and you should not use the Website on your own or provide any personal information to Pill0.
4.3 Prohibited Uses. You agree not to make any use of the Website or the Services:
4.3.1 in violation of any applicable law or regulation;
4.3.2 to cause harm to Pill0 or, more generally, to infringe the rights (including intellectual property rights) of Pill0;
4.3.3 to copy all or part of the content of the Website, either to redistribute such content or to discover, extract or reproduce the Website or any part thereof (e.g., by way of data scraping or screen scraping); or
4.3.4 which is deceptive, fraudulent or abusive to Pill0;
4.3.5 in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Website, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through the Website (including uploading, posting or otherwise transmitting on the Website computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Website’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Website or the content of the Website in whole or in part);
4.3.6 to conduct any data matching or data mining, including the collection or use of information about other users (including their e-mail addresses) without their prior consent; or
4.3.7 “mirror” any content of the Website on any other server. (each of the preceding uses being a “Prohibited Use”).
4.4 Representations by User. By accessing or using the Website, its content, or the Services, you represent and warrant that:
4.4.1 you have the legal capacity to be a party hereto;
4.4.2 you are acting as a party hereto on your own behalf or on behalf of a person you are legally authorized to represent;
4.4.3 any information you provide to Pill0 through the Website is complete and accurate;
4.4.4 you agree not to make any Prohibited Use of the Website or the Services;
4.4.5 you otherwise agree to comply with any provision of these Terms of Use, User Agreement and the Privacy Policy.
4.5 Right to Terminate Your Use of the Services. Pill0 reserves the right to block access to the Website to any User which is in breach of this agreement, tries to introduce malware or to commit a cyber-attack, performs massive downloads or otherwise has an abusive behaviour, without notice and without the need to provide any explanation. Pill0 may control the access and use of the Website.
5. INDEMNIFICATION
5.1 To the fullest extent permitted by law, you agree to hold harmless, defend and indemnify Pill0 and its subsidiaries, our employees, officers, directors, suppliers, partners, shareholders from and against claims, including any expense arising from losses, damages, suits, litigation costs and attorneys fees, made by any third party that may arise from:
5.1.1 the breach of the Terms of Use, the User Agreement or the Privacy Policy;
5.1.2 your use Pill0’s services;
5.1.3 your violation of laws and regulations, or by our gross negligence or willful misconduct.
6. LIMITATION OF LIABILITY
6.1 To the extent permitted by law, the Website and the website's contents are provided “as-is” and as available. To the extent permitted by law, Pill0 makes no, and expressly disclaims all, representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, and offer no guarantee and cannot offer any guarantee regarding the Website or the content of the Website, including:
6.1.1 that the Website or the content of the Website will meet the User’s requirements or will be compatible with User’s computer or related equipment or software;
6.1.2 that the Website or the content of the Website is accurate, valid, reliable, authentic, current, or complete;
6.1.3 that the Website will continue to operate, operate without interruptions or be error-free. By way of consequence, the User understands and recognizes that they must verify all information before making a decision with respect to the information provided on the Website.
6.2 To the extent permitted by law, Pill0 and Pill0 Representatives disclaim all liability regarding any damage or injury a User may incur resulting from the use of the information mentioned above.
6.3 Pill0 Representatives make no representation or warranty that the Website or its content is appropriate or available for use at any location. Accessing the Website where its content is illegal is prohibited. Those who choose to access the Website from locations other than Canada do so on their own initiative and are responsible for compliance with local laws.
6.4 None of the information on the Website is intended to be a declaration, a guarantee or advice of a medical or legal, nature. For any medical advice, the User must contact a qualified professional. The information appearing on the Website cannot be substituted for the advice of a doctor, pharmacist or any other health professional and must not be used to self-prescribe drugs or to diagnose a health condition. Always seek the advice of a health care professional before taking a new drug and before ceasing to use it. The User should not act or abstain from acting based on any information provided by the Website. Reliance on any information on the Website is solely at the User’s own risk.
6.5 The products or the services identified on the Website may not be available in the area of the User, and Pill0 makes no representation on the availability of the products identified on the Website.
6.6 By visiting the Website, the User acknowledges and agrees that they do so at their own risk. The User must take appropriate measures to protect his computers, including using firewalls and malware detection software. Under no circumstance shall Pill0 be held liable for any damage or prejudice that the User could incur while using the Website, including the presence of any virus or similar destructive agent that may have infected the Website, regardless if Pill0 had or could have had prior knowledge of such a risk. The User agrees that Pill0 or shall not have any responsibility or liability in connection with the Website or the content of the Website to the User or any other person or entity for any loss or damage whatsoever, incidental, indirect, punitive, exemplary, consequential or special damages (including damages for pain and suffering, emotional distress or similar damages, harm to business or reputation, loss of information or programs or data, loss of profit, loss of revenue or income) arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, the Website or the content of the Website, even if Pill0 have been advised of the possibility of such damages or loss or if such damage or loss was foreseeable.
7. INTELLECTUAL PROPERTY
7.1 Ownership of Intellectual Property Rights. Pill0 is the owner of all intellectual property rights pertaining to the Website and its content, including all source code, code, algorithms, texts, slogans, graphics, images, photos and other content. Pill0 also owns the trademarks, logos, corporate names, acronyms, trade names, signs and domain names allowing access to the Website.
7.2 Limited License to Use. Subject to the provisions hereof, Pill0 grants you a limited, non-exclusive, non-assignable, non-transferable and revocable license to (i) access and use the Website on your personal devices solely in connection with your use of the Services, and (ii) print the pages of the Website for your private, non-commercial use, provided, however, that the copyright notices and intellectual property rights notices remain unchanged, all in accordance with the laws governing intellectual property rights in Canada and the USA.
7.3 Reproduction Prohibited. You may not otherwise reproduce, print, archive, re-edit, modify, download, sell or otherwise copy for any other purpose or for publication or broadcast, the content of the Website or any of its elements, in whole or in part, on any medium or in any format whatsoever, invented or to be invented, without Pill0’s prior written permission. No element, excerpt, quotation, passage, or text from the Website shall be construed as constituting or creating in your favor a license (other than the license provided for in subsection 7.2 above) or any right to use or reproduce any element of the Website in your favor.
7.4 Modification prohibited. The trademarks, logos, or slogans and the texts, titles, graphics, tables, images, photographs, portraits, descriptions, symbols, drawings, or other artistic works on the Website may not be modified in any way at any time. The content of the Website is protected by copyright, trademark rights and other applicable intellectual property rights. All rights are reserved.
8. HYPERLINKS
8.1 Use of hyperlinks. Pill0 invites you to access the hyperlinks presented on the Website, which give access to various website pages. These hyperlinks direct you to information that is relevant to the Services offered by Pill0.
8.2 Third-Party Sites. Certain hyperlinks on the Website also provide access to one or more external Websites owned by entities other than Pill0. These hyperlinks are provided to you for informational purposes only. Pill0 has no control over these external Websites and assumes no responsibility for their content. The presence of hyperlinks to external Websites on the Website may not under any circumstances be construed as an endorsement by Pill0 of the information contained in such external Websites or as an association or joint venture with the company that operates or owns any such external Website.
8.3 Third-Party Sites - Limitation of Liability. Pill0 makes no representations whatsoever regarding the security or the absence of computer viruses of external Websites and expressly disclaims any liability related to it. Pill0 also makes no representation whatsoever regarding the policies or practices of these external Websites concerning the collection and use of personal information, particularly with respect to cookies. Pill0 shall not be liable for any material or moral damages whatsoever. It shall not be liable for any business interruption, loss of profit, loss of software, data or programs, including legal fees and all associated costs, caused by your access to an external Website via a hyperlink contained on the Website. You agree that your access to external Websites and any use you make of the content of such external Websites is at your own risk.
9. MISCELLANEOUS PROVISIONS
9.1 Prior Agreements. In their most current version, these Terms of Use supersede any prior agreements, understandings, negotiations or discussions, written or oral, that may have occurred between you and Pill0 regarding your use of the Website.
9.2 Severability and Invalidity. The provisions hereof are separate and severable. If any provision hereof is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining terms and conditions shall remain valid and enforceable. Without limiting the generality of the preceding, where the User is a consumer within the meaning of the Consumer Protection Act (Ontario), any invalidity of any provision hereof concerning the provisions of such Act shall not invalidate or render unenforceable the remaining terms and conditions of these Terms of Use.
9.3 Constructive Interpretation. The parties intend that the provisions hereof shall be enforced to the fullest extent permitted under applicable law. Accordingly, the parties agree that if any provisions are deemed unenforceable, such provisions shall be deemed to be modified to the extent necessary to render them enforceable and in a manner that most closely matches the parties' intentions to these Terms of Use.
9.4 No Waiver. No delay or omission on the part of Pill0 in exercising its rights hereunder shall be construed as a waiver of its rights to enforce any provision hereunder.
9.5 Amendments. Subject to applicable provisions of law, you agree that Pill0 may amend these Terms of Use from time to time. Any changes to these Terms of Use shall be effective only when in writing. When accessing or using the Services, you agree to review the terms of these Terms of Use regularly so that you are aware of their contents and any updates to their contents. Your continued use of the Services following a change to the Terms of Use will constitute your acceptance of any such change and your agreement to abide by the amended terms of the Terms of Use.
9.6 Force Majeure. If Pill0’s performance of any of its obligations hereunder is delayed due to force majeure or any other reason beyond Pill0’s reasonable control, then the date of performance shall be delayed for the duration of the force majeure, and Pill0 shall not be liable for such delay.
9.7 No Assignment. You may not assign or transfer any of your rights and obligations under these Terms of Use to any third party without Pill0’s prior written consent. Pill0 reserves the right to assign all of its rights and obligations hereunder at any time, in whole or in part.
9.8 Applicable Laws. These Terms of Use and any access to or use of the Website or Services shall be governed by the laws and regulations applicable in the Province of Ontario. Any dispute arising hereunder shall be governed by the laws applicable in the Province of Ontario and shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
9.9 Quebec users. All Quebec users are entitled to the protection offered by the Consumer Protection Act (Quebec) and all provision which are unapplicable under the Consumer Protection Act shall be deemed unwritten for Quebec consumers.
10. CUSTOMER SERVICE
If you have any comments or questions related to these Terms of Use or the Pill0 Services, you may reach Pill0’s customer service department using the contact page of the Website. You may also direct your questions and/or comments to us by sending us an e-mail at jaclynhearnden@pill0.com. It will be our team’s pleasure to assist you.
Latest Update. These Terms of Use were last updated on September 5th, 2021.