Terms of Use

These Terms of Use (“Terms”) contain the terms on which we supply content, products or services listed on the websites and mobile applications (collectively referred to herein as the “Platform” or “Platforms”) owned and operated by MITSUBISHI TANABE PHARMA CANADA, Inc. (“MITSUBISHI TANABE PHARMA CANADA,” “we,” “our” or “us”), a subsidiary of Mitsubishi Tanabe Pharma America, Inc. (“MTPA”).

By accessing or using the Platform you acknowledge that you have read, understood and agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. WHERE PERMITTED BY APPLICABLE LAW, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND MITSUBISHI TANABE PHARMA CANADA ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION.

If you do not agree to these Terms, please stop using the Platform immediately.

A few important points:

MITSUBISHI TANABE PHARMA CANADA IS NOT A PROVIDER OF MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY, PLEASE CONSULT WITH A HEALTHCARE PROFESSIONAL.
You are only eligible to use the Platforms if you are a Canadian resident who is of the age of majority in the jurisdiction where you reside.
We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Platforms at any time after such changes are posted. If a material change is made, we will notify you through the Platforms. Read through any changes, and if you do not agree to them, please stop using the Platforms.
Additional terms and conditions may apply to specific products or your use of certain portions of the Platform. These additional terms are also legally binding.

I. Your Account; Registration

You may be asked to create an account in order to access certain features of the Platform. In order to create an account, we will ask you to complete a registration form, provide an email address, and create a password (“Account Information”). Our app users may also have the opportunity to create a Touch ID using a finger print scan to protect their account. When you register for an account with us, the following rules apply:

Only provide accurate and current Account Information.
Inform MITSUBISHI TANABE PHARMA CANADA immediately of any unauthorized use of your account. You are responsible for anything that happens through your account – with or without your permission. MITSUBISHI TANABE PHARMA CANADA is not responsible for any loss or activity that results from the unauthorized use of  your account.

We may suspend or terminate your account or access to the Platform at any time with or without notice if we suspect an unauthorized use of your account.

By registering for an account, you acknowledge and agree that MITSUBISHI TANABE PHARMA CANADA may, in accordance with applicable law, contact you using the information that you provide to us and we may contact a doctor, pharmacist, healthcare professional or an institutional healthcare provider on your behalf, when we have obtained your consent to do so.

II. Community Guidelines

The Platform may contain community areas in which you may post or submit information (“User Content”). Please review the Community Guidelines below carefully. We reserve the right to remove or refuse any User Content that does not comply with the Community Guidelines or these Terms:

Only post User Content to the Platform if you have all permissions and rights needed to make that content available, including from any individuals who appear or are mentioned in your User Content. Remember that while you may feel comfortable having a personal discussion on a public forum, your friends and acquaintances may not.
Do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate.
Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform without permission from MITSUBISHI TANABE PHARMA CANADA.
Do not collect or solicit personal information from other Platform users or send unsolicited messages.
Do not use automated technology to interact with the Platform.
Do not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

No Obligation to Monitor.

MITSUBISHI TANABE PHARMA CANADA has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.

Ownership of User Content.

User Content is owned by you or whoever created it. By submitting or posting any User Content on the Platform, you grant MITSUBISHI TANABE PHARMA CANADA a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use your User Content, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Please do not post any content unless you have the appropriate permissions to post such content. MITSUBISHI TANABE PHARMA CANADA will be entitled to use your User Content without incurring obligations of confidentiality, attribution or compensation to you.

Liability.

We take no responsibility for, we do not expressly or implicitly endorse, and we expressly disclaim any liability for the conduct of users or for any views, opinions and statements expressed in User Content. You use the Platform and view the User Content strictly at your own risk. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, from any violation of third-parties’ rights to privacy or to their reputation, or any other harm resulting from your uploading, posting or submission of User Content to the Platform.

We reserve the right to revoke your use or access to the Platforms at any time, in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to the interests of MITSUBISHI TANABE PHARMA CANADA, MTPA or their respective subsidiaries and affiliates.

III. Proprietary Rights

Except for User Content, all of the content on our Platform – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Platform Content“) – is owned by MITSUBISHI TANABE PHARMA CANADA or others we license Platform Content from, and is protected under Canada’s and other countries’ copyright laws. All trademarks, logos, service marks and trade names are owned, registered and/or licensed by MITSUBISHI TANABE PHARMA CANADA or its parent or affiliate companies. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.

You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivate works from any content appearing on the Platform, including Platform and User Content, without MITSUBISHI TANABE PHARMA CANADA’s prior written consent, unless it is your own User Content that you legally post on the Platform.

IV. Important Disclaimers

The Platforms and any product information provided are intended for informational purposes only. Many of MITSUBISHI TANABE PHARMA CANADA’s products are only available upon prescription from a doctor or qualified healthcare professional. Product information is not intended to provide complete medical information. Complete medical information about prescription medicines (including their beneficial medical uses and possible adverse effects) should be obtained directly from a prescribing physician or, where appropriate, other healthcare professional. Healthcare professionals may obtain complete medical information from a product’s prescribing information. The Platforms are not provided with an intent to offer medical advice, nor act as a substitute for any advice, diagnosis, treatment or consultation with a qualified healthcare provider or medical professional such as a doctor or pharmacist. ALWAYS SEEK THE ADVICE OF A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. Never disregard medical advice or delay in seeking it because of something you have read on the Platforms. Only a doctor or other healthcare provider who has had an opportunity to interact with a patient in person, with access to the patient’s records and the opportunity to conduct appropriate evaluations and follow-up can provide recommendations for treatment. IF YOU ARE IN NEED OF IMMEDIATE MEDICAL ATTENTION, CALL A MEDICAL PROFESSIONAL AND 9-1-1

V. Warranty Disclaimer

All reasonable efforts have been made to include accurate and up-to-date information on the Platform. However, MITSUBISHI TANABE PHARMA CANADA, MTPA, and their respective subsidiaries and affiliated companies make no representations, warranties or conditions, whether express, implied or existing by operation of law or by usage, as to the completeness or accuracy of any content included on the Platforms. All such documents, information and content on the Platform are provided “as is” and “as available” without warranty of any kind. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE PLATFORMS. YOUR USE OF THE PLATFORMS IS AT YOUR OWN RISK. THIS PLATFORM AND ANY FEATURE ON THE PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. MITSUBISHI TANABE PHARMA CANADA, MTPA, AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSEES (the “MITSUBISHI TANABE CANADA PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR EXISTING BY OPERATION OF LAW OR BY USAGE, AS TO THE ACCURACY OF ANY INFORMATION INCLUDED ON THIS PLATFORM, THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT, FEATURES, MATERIALS, OR PRODUCTS INCLUDED HEREIN.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MITSUBISHI TANABE PHARMA CANADA PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR EXISTING BY OPERATION OF LAW OR BY USAGE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

VI. Limitation of Liability

THE MITSUBISHI TANABE PHARMA CANADA PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORMS OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORMS, ANY DELAYS ON THE PLATFORMS, OR THE INABILITY TO USE THE PLATFORMS, ANY PORTION THEREOF, OR ANY HYPERLINKED PLATFORM, WHETHER BASED ON CONTRACT, TORT, EXTRA-CONTRACTUAL CIVIL LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE MITSUBISHI TANABE PHARMA CANADA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE MITSUBISHI TANABE PHARMA CANADA PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

VII. Links to Other Websites

The Platforms may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. MITSUBISHI TANABE PHARMA CANADA, MTPA, and their respective subsidiaries and affiliated companies have no control over, and are not responsible for any content, products or services offered by or found on third-party sites, or their privacy policies. Links to third-party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites. Any third-party hyperlinks made to the Platforms must include a clear explanation that the Platform is the property of MITSUBISHI TANABE PHARMA CANADA and that no relationship to MITSUBISHI TANABE PHARMA CANADA or MTPA, or their respective subsidiaries and affiliates to the linking site shall be suggested or created by the link.

VIII. Indemnification

You agree to indemnify, defend and hold harmless MITSUBISHI TANABE PHARMA CANADA, MTPA, and their respective subsidiaries, affiliates, and each of their respective officers, employees, contractors, directors, suppliers and representatives (“MITSUBISHI TANABE PHARMA CANADA Parties”) from and against any losses, expenses, damages, claims, actions, demands or expenses (including reasonable attorney’s fees) including personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the MITSUBISHI TANABE PHARMA CANADA Parties or any third-party vendor, arising out of or in connection with: (a) your use of the Platforms, (b) your breach of these Terms, including any abusive or unlawful behaviour, or (c) your infringement of any intellectual property, privacy right or reputational right of any third party. This indemnification provision shall apply to third-party claims as well as claims between you and the MITSUBISHI TANABE PHARMA CANADA Parties under these Terms.

IX. Dispute Resolution – Arbitration Agreement

If a dispute arises between you and MITSUBISHI TANABE PHARMA CANADA, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. When you have a problem with MITSUBISHI TANABE PHARMA CANADA, you agree that you will first give MITSUBISHI TANABE PHARMA CANADA an opportunity to resolve your problem or dispute. You may send a written description of your problem or dispute to: contact@mt-pharma-ca.com. If for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after MITSUBISHI TANABE PHARMA CANADA’s receipt of your written description of it, you agree to the arbitration provisions below. We will make every reasonable effort to informally resolve any claims, complaints, disputes, or disagreements that you may have with us. To the extent permitted by applicable law, by agreeing to these Terms and by using the Platforms, you agree that, if those efforts fail, any complaint, dispute, or disagreement you may have against MITSUBISHI TANABE PHARMA CANADA and any claim that MITSUBISHI TANABE PHARMA CANADA may have against you, arising out of, relating to, or connected in any way with these Terms shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures (in effect at the time the Arbitration is initiated) or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. YOU AND MITSUBISHI TANABE PHARMA CANADA AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.

The arbitration shall be conducted in Toronto, Ontario, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or MITSUBISHI TANABE PHARMA CANADA may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Ontario necessary to protect the rights or property of you or MITSUBISHI TANABE PHARMA CANADA pending the completion of arbitration.

A single arbitrator will be selected in accordance with JAMS. The arbitration shall be conducted in English. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must include a written explanation and will remain confidential.

If any provision of this agreement to arbitrate in this Dispute Resolution Section is found unenforceable, the unenforceable provision will, to the extent permitted by applicable law, be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). To the extent permitted by applicable law, regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Ontario Arbitration Act, 1991, S.O. 1991, c.17. Furthermore, this Dispute Resolution Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

This Dispute Resolution Section shall survive any termination of your account or the Platform. In the event that the arbitration provisions above are found not to apply to you or to a particular claim or controversy, either as a result of applicable law, your decision or as a result of a decision by the arbitrator or a court order, you agree that any claim must be resolved exclusively by an applicable court located in Toronto, Ontario. You and MITSUBISHI TANABE PHARMA CANADA agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario for the purpose of litigating all such claims or controversies.

Arbitration Opt-Out. YOU HAVE A RIGHT TO OPT OUT OF THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE PLATFORM, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO contact@mt-pharma-ca.com. Any opt-out received after the thirty-day (30-day) time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.

X. Void Where Prohibited

The Platforms and its contents are intended to comply with the laws and regulations of Canada. Although the information on the Platforms may be accessible outside of Canada, the information pertaining to MITSUBISHI TANABE PHARMA CANADA or our products and services is intended for use only by residents of Canada. MITSUBISHI TANABE PHARMA CANADA reserves the right to limit the provision of its products and services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this Platform is void where prohibited.

XI. General

1. Governing Law.

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without respect to its choice of law principles.

2. No Waiver.

No failure or delay by MITSUBISHI TANABE PHARMA CANADA in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

3. Severability.

Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.

4. Headings.

The headings in these Terms are for convenience only and have no legal or contractual effect.

5. Entire Agreement.

These Terms represent the entire understanding between the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between you and MITSUBISHI TANABE PHARMA CANADA regarding its subject matter, and may not be amended, altered or waived.

6. Assignment.

You may not assign these Terms without the prior written consent of MITSUBISHI TANABE PHARMA CANADA but we may assign these Terms without any notice to you.

7. Language.

The parties hereby declare that it is their express wish that these Terms and all related documents be drawn up exclusively in English. Les parties déclarent par la présente qu'elles souhaitent expressément que les présentes conditions et tous les documents connexes soient rédigés exclusivement en anglais.

XII. Contact Us

If you have any questions or concerns about these Terms of Use, please contact us by email at contact@mt-pharma-us.com or write us at:

MITSUBISHI TANABE PHARMA CANADA, Inc.
100 King Street West, Suite 5600
Toronto, Ontario M5X 1C9