Terms & Conditions

The GreenShield+^TM website (https://www.greenshieldplus.ca/) and GreenShield+ web app and mobile app (together the “Platform”) are owned and administered by Green Shield Holdings Inc and provided to users through Green Shield Canada. In these terms and conditions “GreenShield”, “we”, “our”, or “us” means, collectively, Green Shield Canada, Green Shield Association, Green Shield Holdings Inc., and all of their subsidiaries. Green Shield Holdings Inc. is the primary company that houses health services and benefits administration businesses, including, but not limited to, GreenShield Pharmacy, Green Shield Health Inc., and Green Shield Administration Inc. Green Shield Holdings Inc. is a wholly owned subsidiary of the not-for-profit Green Shield Association.

The GreenShield^TM services available through or in association with this Platform (the “Services”) apply to people who have completed the GreenShield+ registration process and consented to the applicable Privacy Policy and these terms and conditions (“Member” or “you”). These terms and conditions constitute a legal agreement between you and us and, together with any documents and/or additional terms that are incorporated by reference (collectively, these “Terms”), govern your access to and use of the Platform, including any functionality and Services offered on or through the Platform.

BY USING THE PLATFORM OR THE SERVICES, YOU ACKNOWLEDGE, AGREE, AND REPRESENT THAT YOU: (A) HAVE READ AND UNDERSTOOD THESE TERMS; (B) AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS; AND (C) ARE AT LEAST 15 YEARS OLD. BY ACCESSING AND USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT ACCEPT AND AGREE TOBE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES OR IF YOU ARE HAVING SUICIDAL THOUGHTS.IF YOU HAVE A MEDICAL EMERGENCY OR ARE CONTEMPLATING HARMING YOURSELF OR OTHERS, YOU SHOULD DISCONTINUE USING THE PLATFORM AND CALL 911 IMMEDIATELY OR ATTEND TO THE EMERGENCY ROOM OF THE NEAREST HOSPITAL OR HEALTH CENTRE. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON ANY CONTENT (AS HEREAFTER DEFINED).

Access to the Platform

Platform access is available to a Member if they are (a) a client of GreenShield, an employee of a client of GreenShield or a plan member or dependant with coverage under a health and dental benefits plan insured or administered by GreenShield, (b) a resident of Canada and (c) 15 years of age or older. If for any reason we believe a Member is under the age of 15, we may request proof of age. If proof is not provided, all personal information about that individual may be deleted from our system and the membership of that person terminated.

We provide this Platform and the Services for use only by residents of Canada. It is not intended for use in any jurisdiction where its use is not permitted. No prescriptions, products or Services ordered through thisPlatform will be shipped or provided to those outside Canada.

The Platform is provided solely for the purposes set out in these Terms (the “Permitted Use”), including to: (a) help you gather information about the various Services offered by GreenShield through thePlatform; (b) if and as permitted by GreenShield and these Terms, enable you to use the Platform and receive any Services offered to you through the Platform, including counselling and telemedicine services; (c) if applicable, facilitate any payments from you to GreenShield Health for your use of the Platform or the receipt of any Services through the Platform; and (d) if and as permitted by GreenShield and theseTerms, provide feedback and otherwise communicate with GreenShield Health in connection with any Services.

By accessing or using this GS+ Platform: (a) you represent and warrant that you are doing so in accordance with the Permitted Uses; (b) you represent and warrant that you are not doing so for any commercial purpose, and no fee will be charged by any person for or related to your use. If you are accessing or using the GS+ Platform on behalf of any other person, then: (a) you also accept and agree to these Terms on behalf of that other person and you represent and warrant that you have the legal authority to do so; and (b) the term “you” in these Terms will refer both to you individually and to that other person.

GreenShield grants you a personal, revocable, non-exclusive and non-transferable license during the Term to use the Platform in accordance with these Terms. Subject to these Terms, you grant us a perpetual, transferrable, irrevocable, royalty-free, fully paid up, worldwide and fully sub-licensable license to access, collect, store and use any data, information, records and files that: (1) you load, or otherwise enter into the Platform, and (2) GreenShield or the Platform collects, retrieves or obtains from your local computer system or from third parties with your permission or on your behalf, and (in each case) including all results from processing such data (collectively, the “User Content”) including for the purpose of: (A) providing Services; (B) complying with applicable law; and, (C) complying with our audit and data retention policies.

‍

User Account

You will be required to sign up for a user account (the “User Account”) and to create your own username and password login credentials (“User ID”) in order to use the Platform and receive Services. You will keep your User ID secure and will not share it with anyone else. We reserve the right to disable any User Account at any time in our sole discretion. If we disable access to your User Account, you may be prevented from accessing the Platform, the Content, your account details and/or any User Content. You agree to provide true, current, complete and accurate information as requested on any registration form to which thePlatform may direct you, and to update that registration information as soon as possible after any information changes. We will not be liable for misdirected communications, including any notices under these Terms, where the information you provided is inaccurate or no longer valid. If we believe that some of our records are inaccurate, we may contact you to verify our records. We may cancel any account for which we have incomplete or inaccurate information. The Services are also available for use by children at the discretion of the Health Service Providers or Support Staff, but the User Account and User ID for all patients under the age of 15 (“minors”) must be the User Account and User ID of the minor’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you are fully responsible for complying with these Terms.

‍

General Restrictions on Use

You may use the Platform only to participate in the Services. You agree that you will not:

• access or use any part of the GS+ Platform that is (expressly or implicitly) not intended for use by you;
• use the Services for any unlawful purpose or in any way that interrupts, damages, impairs or
  renders the Services less efficient or inefficient;
• take any action that imposes, or may impose, in oursole and absolute discretion, an unreasonable or disproportionately large load on the Platform, or attempt to impose any charges associated with bandwidth or data in using the Platform, the Services and the Content onto GreenShield;
• penetrate or attempt to penetrate any security measures;
• use the Services to transfer files that contain viruses, trojans, logic bombs, worms, corrupted data
  or other harmful programs or malicious software, or use any non-GreenShield automation code in
  relation to the GS+ Platform (including any “bot” or “spider”);
• access, monitor, record or copy the accounts of other users of the Services, or any part of the
  Platform, the Services and the Content including, but not limited to, any sessions with Health
  Service Providers, using any robot, spider, scraper or other automated means or any manual
  process for any purpose without our express written permission;
• misrepresent your identity in any way, impersonate any person or entity, or otherwise
  misrepresent your affiliation with a person or entity;
• conduct or promote any illegal activities or activities that are otherwise contrary to law;
• deep link to any portion of the Platform for any purpose;
• remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary
  notices included in the Platform, the Services and the Content;
• upload, distribute or print anything that may be harmful to minors;
• disseminate any content which is defamatory, false or inaccurate or becomes false or inaccurate
  at any time, obscene, indecent, seditious, offensive, pornographic, abusive, discriminatory,
  menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or may have
  the effect of being harassing, threatening, or abusive to an individual or group of individuals on
  the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise;
• stalk, harass, harm, threaten harm on, or verbally mistreat another individual, including any
  provider of Services (such as Health Service Providers);
• post or transmit material for which you have not obtained all necessary licenses and/or approvals, which constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party;
• advertise or promote third party or your own products or services;
• generate spam, unsolicited e-mail advertisements, junk mail, chain letters, or otherwise
  duplicative messages;
• engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services;
• license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any unauthorized third party;
• use the Platform, the Services or the Content as part of any service for sharing, lending or multi person use, or for the purpose of any other institution, except as specifically permitted by us and only in the exact manner specified and enabled by us;
• modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of
  the Platform or Services; or
• access the Services in order to build a similar or competitive product or service.

You will refrain from doing anything which is fraudulent, negligent or which we believe to be disreputable or capable of damaging our reputation. You acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of the Platform and Services, including any content provided by Health Service Providers and pharmacists. Although we reserve the right to do so, we do not customarily monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user, a Health Service Provider, or a pharmacist please contact us at support@greenshield.ca.

‍
GreenShield may, in its sole discretion, deny anyone access to the Platform or the Services at any time and for any reason, including for violation of these Terms. You will refrain from any such access immediately on our request.

‍

Security in the GreenShield Network

Encryption‍

‍

Our GreenShield Platform and websites are secured through encryption. In addition, personal information forwarded to us through the Platform and our websites is also secure. Our sites will only allow a minimum of 128-bit encryption. Sites have been fully tested and support the two most recent versions of the following browsers:

• Microsoft Chromium Edge
• Google Chrome
• Apple Safari

We recommend that you use the most up-to-date browser version with all of the applicable security patches installed.

‍

Cookies
‍

Cookies are used by GreenShield to maintain security during a session, ensuring that each session is unique and authorized between you and GreenShield’s web-based systems. GreenShield also uses cookies to track Users interaction with the Platform, including pages visited, time spent on pages, and actions taken. This data is used for analytics purposes, such as understanding user behavior, improving user experience, and optimizing the product, and to suggest actions and services that might be useful to you. For more on our cookie practices, please see our Privacy Policy.

‍

Communications

GreenShield implements privacy and technological practices and safeguards to protect your information and transactions against unauthorized access, disclosure, alteration and misuse, and to protect the confidentiality of your communications over our Platform. Although GreenShield generally adheres to accepted industry practices in securing the transmitting data to, from and through the Platform, you understand, agree and acknowledge that GreenShield cannot guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform. You are responsible for ensuring that anyone who accesses GreenShield through your Wi-Fi or internet connection is aware of these Terms, and that they comply with them. Should someone access the Platform, Services and Content using your User Account information, we will rely on that information and will assume that it is you or your representative accessing the Platform. You are solely responsible for all use of your User Account information and all activities that arise in connection with your User Account. We reserve the right to take any action, as we deem necessary or reasonable, to ensure the security of our Platform and your UserAccount, including terminating your User Account, changing your password, or requesting additional information to authorize transactions on your User Account. You are responsible for any act or omission of any users that access the Platform, the Services and the Content under your User Account that, if 5undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will we be liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of GreenShield under this provision; (ii) any compromise of the confidentiality of your UserAccount or password; or (iii) any unauthorized access to your User Account or use of your password. You may not use another’s User Account at any time, without the permission of the User Account holder. Please contact us immediately if you suspect or become aware of any unauthorized use of your username, password or User Account, or any other breach of security.

‍

When engaging our Services, you may be sent text message(s), emails or push notifications which provide you information about our Services. We do not charge you for this correspondence, but, depending on your mobile plan, you could be charged your network provider’s standard rates for receiving these messages and standard wireless and data charges may apply to any emails or push notifications. By registering for a User Account, you agree to receive emails and push notifications about our Services. You warrant that you are the owner of the mobile telephone to which you have requested any message(s),emails and push notifications be sent and that you have full authority to authorize those charges and will be solely responsible for charges, if any, incurred through your network provider. We are not liable for any delays or failures in your receipt of any message(s), emails or push notifications as delivery is subject to effective transmission from your network provider and processing by your mobile telephone device. We reserve the right to suspend or terminate the messaging service without notice to you.

‍

Use of Third-Party Offerings.

You may be able to access websites, content or services provided by third parties through links that are made available on the Platform. We refer to these websites, content, services and products as “Third PartyOfferings”. For example, we may permit third parties to advertise their products and services on thePlatform, and those advertisements may contain links to the advertisers' websites. As a service to Users,GreenShield may include links to other websites that we have no control over, and we make no endorsements or representations of any kind regarding those Third Party Offerings or those third-parties’ business practices, and you hereby irrevocably waive any claim against GreenShield with respect to such websites. If you decide to visit any Third Party Offerings, you do so at your own risk.

‍
If you elect to use any Third Party Offerings, that use will be subject to any terms and conditions required by the applicable third party. You understand that we are not the provider of, and are not responsible for, any Third Party Offerings, and that these Terms do not grant you any rights to access, use or purchase anyThird Party Offerings.

‍

Intellectual Property

All information, guidance, recommendations or other content contained on or provided through thePlatform (“Content”), including designs, infrastructure, software, artwork, video, music, sound, names, and marks displayed on the Platform are owned or licensed by GreenShield and are protected by copyright, trademark, or other intellectual property rights. All right, title and interest in the Platform, all materials provided by GreenShield in connection with the Platform and the Services, and any update, translation or derivative work thereof, and all intellectual property rights therein, remain the property of GreenShield(or our third-party suppliers, as applicable).

Except as set out in these Terms, your use of the Platform and Services does not grant you any rights with respect to the Content and intellectual property therein. The Content may not be copied or used with out our prior written consent. Your misuse of the Content displayed on the Platform is prohibited. Subject to your compliance with these Terms, we hereby grant you a royalty-free, non-exclusive, non-transferable, revocable, non- sublicensable, limited license to use the Content for informational purposes only. Content is provided to you on an “as is” basis for your information and personal use only, and you may not, without our prior written consent, copy, publish, transmit, distribute, modify, create derivative works from, sell, license or otherwise exploit the Platform or the Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform and the Services, or features that prevent or restrict use or copying of any Content or enforce limitations on your use of the Platform, the Services or the Content.

Disclaimer

THE SERVICES AND ALL INFORMATION, CONTENT, AND PRODUCTS RELATED TO THE SERVICES, ARE PROVIDED ON AN “AS IS” BASIS. GREENSHIELD DOES NOT MAKE ANY CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND (AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW WEHERE BY DISCLAIM SAME), WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. WE SPECIFICALLY AND EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY, OBLIGATION OR GUARANTEE WITH RESPECT TO: (1) THE CONTENT; OR (2) THE ACCURACY OR COMPLETENESS OF THE INFORMATION REGARDING THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE PLATFORM OR THEIR EFFICACY. APPLICABLE LAWMAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAYNOT APPLY TO YOU.
‍

WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICES OR THE PLATFORM WILLBE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL INFORMATIONAND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH OUR SERVICES AND/OR PLATFORM ISDONE AT YOUR SOLE DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TOYOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OFANY SUCH MATERIAL OR FROM RELIANCE UPON THE SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL INFORMATION SUBMITTED BY YOU. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE PLATFORM; AND YOU AGREE THAT YOUARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA, AND YOU ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE PLATFORM AND SERVICES.

‍

WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE PLATFORM AND THE SERVICES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY, IN OUR SOLE DISCRETION, FILTER OUT LINKS TO CONTENT AGGREGATORS, SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, INOUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.

‍

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PARENT
COMPANY, SUBSIDIARIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE (GROSS OR OTHERWISE), NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, THE SERVICES OR ANY THIRD PARTY OFFERINGS, INCLUDING ANY CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON, WHETHER OR NOT SUCH DAMAGES WERE REASONABLY FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

‍

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE PLATFORM AND THE SERVICES, AND WE WOULD NOT PROVIDE THE PLATFORM OR SERVICES TO YOU WITHOUT THIS LIMITATION.

‍

Indemnification & Release.

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND US, OUR PARENT COMPANY,SUBSIDIARIES, CORPORATE AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS,EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGEMENTS, AWARDS, LOSSES,COSTS, EXPENSES, AND FEES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR BREACH OF THESE TERMS OF USE; (2) YOUR USE OF THE PLATFORM, SERVICES , CONTENT OR PRODUCTS IN A MANNER OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS; (3) YOUR USE OFANY THIRD PARTY OFFERINGS; (4) VIOLATION OF ANY APPLICABLE LAW OR THE RIGHTS OF A THIRD PARTY(INCLUDING INTELLECTUAL PROPERTY RIGHTS); (5) FRAUD, NEGLIGENCE, MISCHIEF OR WILLFUL MISCONDUCT ON YOUR PART; (6) ANY DISPUTE THAT ARISES BETWEEN YOU AND ANY INDIVIDUAL,INCLUDING AN AFFILIATED HEALTH SERVICE PROVIDER, AND (7) ANY INJURY, INCLUDING BODILY HARMOR DEATH, TO YOU OR ANY THIRD PARTY THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USEOF OR RELIANCE ON ANY CONTENT, THE PLATFORM OR THE SERVICES (INCLUDING, FOR GREATER CERTAINTY, ANY SERVICES PROVIDED BY AFFILIATED HEALTH SERVICE PROVIDERS).

‍

You hereby release GreenShield, its officers, employees, shareholders, agents and successors from any and all claims, demands, losses, damages, rights and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any other Platform users, affiliated Health Service Providers, or third party websites.

The actual terms, conditions, limitations and exclusions (collectively referred to as “Insurance Terms”) of any insurance product are detailed in the contract issued by Green Shield Canada upon application approval. The effective date of those Insurance Terms is the day your coverage starts, which can be as early as the first of the month following your application approval. Please consult your financial advisor for details about tax advantages associated with your use of insurance products and services. GreenShield does not offer tax advice; any information provided is not tax advice nor is it intended to be tax advice.

Products

No part of the GS+ Platform should be taken to constitute an offer or solicitation to buy or sell insurance products or services. Some insurance products or services mentioned on the site may only be available incertain areas or jurisdictions. Any insurance products or services mentioned on the GS+ Platform are made available in accordance with local law and only where they may be lawfully offered for sale. The information and descriptions contained on this site are accurate at the time of posting but may be superseded by subsequent disclosures and are not intended to be complete descriptions of all terms, conditions and exclusions associated with any insurance products and services. In all cases, insurance products and services shall be governed by the terms and conditions of the policy applicable thereto.

‍

Claims – Submissions

If you submit, update or provide information concerning an insurance claim using this GS+ Platform, then you represent, warrant and agree that, to the best of your knowledge, all information you provide toGreenShield in relation to the claim is and will continue to be true, accurate and complete. You must update each such submission (on the GS+ Platform or otherwise) as necessary so that it remains true, accurate and complete at all times. For greater clarity, you may need to contact GreenShield by phone, email or mail to update your submission. To report or update a claim using the GS+ Platform, you must have provided GreenShield with your email address (which will be retained and used by GreenShield for the purposes of communicating with you concerning your claim).

‍

Direct Deposit

If you provide GreenShield with your banking information on the GS+ Platform, then you agree that: (a)GreenShield may (but is not obligated to) deposit to your account any amount that is payable byGreenShield to you now or in the future (including insurance refunds); (b) GreenShield may elect to make any payment to you by cheque rather than by direct deposit; (c) any amount deposited to your account will be deemed to have been received by you as payment in full of such amount; (d) your account must be a Canadian dollar account at a Canadian bank, credit union, or trust company; (e) you assume all responsibility for the account information you provide; (f) you assume all responsibility for any third party fees, charges, hold-periods and set-off related to the direct deposit; (g) GreenShield cannot guarantee when you will receive any particular direct deposit payment; (h) GreenShield may retain your account information for possible future direct deposits; and (i) you waive all claims against GreenShield concerning the aforementioned.

‍

Disclaimer of Warranties

Without limiting these Terms, you agree that any insurance-related information displayed to you on theGS+ Platform (including any insurance estimate, insurance refund estimate, claims status or claims estimate), is provided for your convenience only, and is provided to you “AS IS” and “AS AVAILABLE”. GreenShield does not guarantee the currency or accuracy of this information, it is not a binding offer from GreenShield, and you are not entitled to rely on it.

If you use the Services of GreenShield Pharmacy, the following terms will apply to you. If you are a resident of Québec and use the Services of our Québec partner, Medzy | Pharmacie Sonia Boutin inc, please see Medzy | Pharmacie Sonia Boutin inc’s Terms of Use.

‍

Pharmacy Access and use of GreenShield Pharmacy.

To access certain features of the Platform, or to access certain Services, including making purchases through the Platform, you or your Patient Representative must create a pharmacy account (“Account”).
‍

By accepting the following Terms relating to GreenShield Pharmacy access (“Pharmacy Access”), you will then have the ability to link to Pharmacy Access, thereby granting you access to your prescription history, as well as other personal health information that has been collected and generated by your pharmacy team in each case at the pharmacy location to which you have chosen to link. You may link to Pharmacy Access for more than one pharmacy location, in which case you will be granted access to that information foreach pharmacy location that you have linked. Even though you may have linked Pharmacy Access for more than one pharmacy location, each location will not be able to access your prescription history at any other location. To receive a comprehensive medication review, you must speak to your pharmacist to ensure they have complete information on your medical history and prescriptions.

‍

If you have linked to Pharmacy Access, you may also use the Platform to request a refill (“Refill”) of any of your available prescriptions. Refills are subject to provincial/pay or reimbursement eligibility, where applicable.

‍

You may also submit a photograph of a new prescription to your pharmacist at GreenShield Pharmacythrough the Platform (“Photo Rx”). Uploading a photo of a prescription is only available for prescriptions written by a Canadian medical practitioner or Canadian pharmacist (where permitted by law). You must ensure that the quality of any submitted photograph is sufficient to allow the pharmacy staff to fill the prescription. On receiving your prescription, our pharmacy team will call the prescribing physician to validate the prescription.

‍

You may also transfer your prescriptions from another pharmacy to GreenShield Pharmacy. Please speak to your pharmacist or follow instructions on GreenShield Pharmacy website or the Platform. After requesting your prescription be transferred, it may take up to 48 hours after we receive your prescription information from your former pharmacy to complete the transfer and set up your profile. Please note that the transfer of your prescriptions does not mean your prescriptions will automatically be filled. If you wish to refill a prescription when completing your transfer request, you must indicate in the ‘Notes’ section of the screen that you are requesting a refill for a given prescription and provide your desired refill date. Otherwise, after the transfer is complete, you may reopen the program and submit your refill request. The PharmacyAccess features may change from time to time at our sole discretion. Pharmacy staff will always use their professional judgement in dispensing medications, and they may require additional information from you or your prescriber before releasing a prescription. For new prescriptions or Refills, the requested delivery date is subject to change based, among other things, on the availability of the medication and the workload of the pharmacy staff.

The Platform may not show all medications that have been dispensed to you. For a comprehensive view of your prescription history, please call the pharmacy. Prescription data and information presented through the Platform is retrieved from our pharmacy dispensing software, and technical issues outside of our control of may cause the information to be inaccurate or out of date.

‍

Access to your personal information is being provided for general informational and record-keeping purposes to permit you to fill a prescription, request a Refill or transfer your prescription, provide your personal health information to physicians and other health care professionals, and for intervention by your pharmacist to offer certain patient services. The personal information that you can access does not constitute, nor is it intended to be construed as, medical, legal, or other professional advice, opinion or represent your comprehensive or complete medical history.

‍

We do not recommend or endorse any specific tests, products, procedures, opinions or other information that may be mentioned on the Platform, on any associated website, or in association with any GreenShield program.

‍

THE CONTENTS OF THE PLATFORM ARE NOT INTENDED TO REPLACE THE ADVICE OF YOUR PHYSICIAN,PHARMACIST OR OTHER QUALIFIED HEALTH PROFESSIONAL. YOU SHOULD SPEAK TO YOUR PHYSICIAN,PHARMACIST OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, WHO ARE THE BEST SOURCE OF INFORMATION ABOUT YOUR HEALTH-RELATED QUESTIONS. ABSOLUTELY NO INFORMATION ACCESSIBLE THROUGH THE PLATFORM SHOULD BE CONSTRUED AS TAKING THE PLACE OF YOUR PHYSICIAN'S,PHARMACIST’S, OR OTHER QUALIFIED HEALTH PROFESSIONAL’S ADVICE. NEITHER GREENSHIELD NOR ANY PARTICIPATING HEALTH DEPOT PHARMACY LOCATION IS RESPONSIBLE FOR ANY RELIANCE OR DECISIONS MADE BY YOU BASED ON THE INFORMATION AVAILABLE THROUGH THE PLATFORM.

‍

INFORMATION CONTAINED ON A PACKAGE OR IN-PACKAGE INSERT FROM THE MANUFACTURER OF A PRODUCT SHOULD BE READ, COMPLETELY UNDERSTOOD, AND CONSIDERED IN THE LIGHT OF ANY PROFESSIONAL HEALTH CARE PROVIDER'S GUIDANCE, AND ONLY AS DIRECTED BY THE PACKAGE, PACKAGE INSERT OR YOUR HEALTH CARE PROVIDER. ALL MEDICATIONS MUST BE USED AS DIRECTED BY THE PACKAGE LABEL AND YOUR PHYSICIAN’S OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL’S ADVICE.

‍

DO NOT USE THE INFORMATION PROVIDED TO YOU THROUGH THE PLATFORM TO DIAGNOSE OR TREATA MEDICAL CONDITION OR HEALTH PROBLEM. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THE PLATFORM OR A GREENSHIELD WEBSITE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

‍

IF YOU BELIEVE THAT THERE IS AN ERROR IN YOUR PERSONAL INFORMATION, INFORM YOUR PHARMACIST OF THIS ERROR IMMEDIATELY.

‍

Patient Representative

You may add a family member or caregiver to your Account as your “Patient Representative” for the purpose of managing, on your behalf, your prescriptions and the Services. Your Patient Representative must be at least 18 years old. You are responsible for ensuring that the contact information for your PatientRepresentative is current, complete, and accurate. Adding a Patient Representative to your Account will give access to, and constitutes implied consent for, that individual to manage your prescriptions and theServices on your behalf. Once your Patient Representative has been added to your Account, they will be contacted and asked to provide their consent to be your Patient Representative. After this process is completed, your Patient Representative will have the ability to manage your prescriptions and the Services as an additional User whose Account is linked to your Account.

‍

You may also add a family member or person for whom you are a caregiver or representative to yourAccount for the purpose of managing their prescriptions and the Services as their Patient Representative.If that user is an adult, you must provide their basic contact information. You are responsible for ensuring that the contact information for that User is current, complete, and accurate. By adding a User for whom you are a caregiver or representative to your Account, you are deemed to consent to being a Patient Representative for that user. That user will then be contacted and asked to provide their consent for you to be their Patient Representative. You may also act as a Patient Representative for a minor to whom you are a parent or legal guardian. You may be required to provide us with certain information which establishes that you are a parent or legal guardian. After this process is completed, you will have the ability to manage that User's prescriptions and the Services through your Account.

‍

Packaging; Waiver

We are required to dispense medication in a child resistant container unless the patient has signed a waiver or verbally requested a non-safety vial or container or where a child resistant container is not suitable due to the physical nature of the pharmaceutical.

‍

SINGLE DOSE STRIP PACKAGING IS NOT CHILD RESISTANT AND SHOULD BE KEPT OUT OF REACH OF CHILDREN AND PETS AT ALL TIMES. YOU ARE RESPONSIBLE FOR ENSURING NECESSARY SAFEGUARDS AREIN PLACE TO KEEP CHILDREN AND PETS FROM ACCESSING OR TAMPERING WITH YOUR MEDICATIONS STORED IN SINGLE DOSE STRIP PACKAGING. BY USING THE PLATFORM AND THE SERVICES, YOU AGREE TO WAIVE AND HEREBY WAIVE ANY CLAIMS AGAINST US, OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES,AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS,ARISING OUT OF OR IN CONNECTION WITH GREENSHIELD PHARMACY NOT PACKAGING YOUR PHARMACEUTICALS IN CHILD RESISTANT CONTAINERS FOR ALL NEW PRESCRIPTIONS AND REFILLS ORDERED THROUGH THE PLATFORM.

‍

Payment

Purchase & Payment
‍

When you make a purchase or your Patient Representative makes a purchase on your behalf, you or they must designate and provide information about your preferred payment method, including your insurance information (if applicable) and applicable credit card information for any copayment (“Payment Method”).You may change your preferred Payment Method from time to time. When we process any purchase made using your Account, we will use the preferred Payment Method associated with your Account at the time of processing. When you provide any payment account information, including your insurance information, to GreenShield, you represent to us that you are the authorized user of that payment account or insurance policy. This information must be complete and accurate, and you are responsible for keeping it up to date.You hereby represent that you are the authorized user of that Payment Method and insurance policy. By making a purchase, you agree to pay any fees or other incurred charges that apply to the products or services purchased. You hereby expressly authorize us to collect from your Payment Method the appropriate fees charged for the purchases you or your Patient Representative make. All fees due for purchases are payable at the time of purchase and will be billed automatically to the Payment Method when GreenShield accepts the offer of purchase. GreenShield may, in its sole discretion, accept or reject any order you or your Patient Representative have placed.

‍

E-Commerce Transactions; Products & Pricing

‍

We cannot guarantee the availability of any products or items described on the Platform of GreenShield Pharmacy and/or Health Store websites. All prices shown on the Platform are before any applicable tax. We reserve the right to limit quantities and correct errors or omissions prior to processing a purchase request.

‍

We strive to provide accurate product and pricing information; however, pricing or typographical errors may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained on the Platform, and any information included is subject to change by us at any time. Without limiting the generality of any other terms and conditions on the Platform, we hereby disclaim any liability for: (1) any errors or omissions which may be found on this Platform; and (2) the unavailability of any product listed on the Platform.

‍

E-Commerce Transactions; Payments

‍

All e-commerce payments are processed by a third-party payment provider or processor. Those third-party payment providers or processors may require you to accept additional terms and conditions for the use of their services, and you agree to abide by those additional terms and conditions. We hereby exclude, to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of those third-party payment providers or processors. Once you make a purchase, we, or our third-party payment providers or processors, will automatically charge your Payment Method, plus any applicable taxes we are required to collect.

‍

YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT(S). YOU AGREE THAT ONCE YOU AUTHORIZE US OR OUR PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT(S)OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, THAT AMOUNT IS NOT REFUNDABLE UNDER ANY CIRCUMSTANCES (EXCEPT WHERE A REFUND IS REQUIRED UNDER APPLICABLE LAWS), INCLUDING,WITHOUT LIMITATION, UPON TERMINATION OR SUSPENSION OF YOUR ACCOUNT(S) FOR ANY REASON,TERMINATION OF THESE TERMS OR THE INTERRUPTION OR DISCONTINUATION OF THE PLATFORM, SOMEOR ALL OF THE CONTENT OR THE SERVICES.

‍

In all cases, your order will represent your offer to acquire the product or Service ordered, which offer will be deemed accepted by us when your payment account is charged.

‍

For details and policies on delivering and shipping, please visit our Help Centre.

If you use the Services of GreenShield Health, the following terms will apply to you.

‍

Use of Services.

The Platform is provided solely for the Permitted Use and is only intended to assist in addressing those health conditions listed on or otherwise serviceable through our Platform. GreenShield Health matchesHealth Service Providers (as defined below) with you based on the information provided by you and by them. These Health Service Providers are only suggestions, and we do not recommend any one over another or guarantee their ability to assist you. Each Health Service Provider is responsible for the conduct of any session with that Health Service Provider and the provision of any treatment therein. GreenShieldHealth is not liable or responsible for any harm that arises out of or relates to a session in which you participate.

‍

The duration of a session will be presented to you at the time of booking. In scheduling your sessions, you must also comply with our termination policy (set out in Section 7 of these Terms), as may be amended from time to time. You may end your relationship with a Health Service Provider at any time, subject to our termination policy. You may interact with your Health Service Provider through the Platform and in person. A Health Service Provider is obligated to inform us if you wish to visit them in person or through other means. You hereby consent to the disclosure of that information by the Health Service Provider tous. For details about fees, taxes, and our cancellation and refund policy, please visit our Help Centre.

‍

While certain of our Health Service Providers may recommend treatment options based on your presenting conditions, concerns or objectives, the ultimate decision as to what treatment to seek remains yours. Moreover, GreenShield Health does not itself mandate any specific treatment method, nor do were commend any procedure, over another. This decision is solely based on the discretion of your HealthService Provider. If you and your Health Service Provider decide to engage in any couple or group therapy, you agree that the information discussed in those sessions is confidential, including other participants’ personal information, and will be treated by you accordingly and in compliance with applicable laws. You agree that GreenShield Health is itself not a party to those sessions and therefore is unable to be a witness in any court proceeding for any of the parties involved in the group therapy.

‍

Health Services

The GreenShield Health Services enable you to use the Platform to obtain on-demand access to health services provided by licensed and accredited professionals affiliated with GreenShield Health, including psychologists, psychotherapists and other mental health service providers, nurses, physicians (via telemedicine), psycho-educators, clinical sexologists, criminologists, guidance counsellors, nutritionists/dieticians, kinesiologists and occupational therapists (all of which are “Health Service Providers”) and support staff (“Support Staff”) by secure messaging and video for consultations, and to receive related administrative support services via online communication tools (as a subset of the Services,“Health Services” and “Support Services”, respectively). All Health Service Providers are independent practitioners who are independently licensed and are themselves responsible for the provision of HealthServices to you. All Support Staff are employees of GreenShield Health and only provide Support Services that do not fall within the scope of practice of any regulated health profession.

‍

GreenShield Health is not liable for any Health Services provided to you by Health Service Providers. None of the Content is medical advice or an endorsement, representation or warranty regarding the safety, appropriateness or effectiveness of any particular treatment or medication. GreenShield Health is a service partner that provides access to, facilitates and coordinates the Services of licensed professionals through the Platform. GreenShield Health enters into arrangements with Health Service Providers that govern certain terms of service, including billing, scope of service, data management, solicitation and confidentiality, but these arrangements do not confer any direct control to GreenShield Health over the treatment, advice and assessments provided to you by them. Your medical and mental health care are your responsibility and the responsibility of your Health Service Providers. You agree that the HealthService Providers are solely responsible for the provision of all health services, advice, instructions, treatment decisions, and other professional health care services performed by them, and that all other professional health care services will be provided and performed exclusively by or under their supervision, in their sole discretion, as they deem appropriate. Any dispute between you and a Health Service Provider is primarily between you and that Health Service Provider, and you agree that GreenShield Health will not be accountable for those disputes or other complaints.

‍

While the Platform and Services may provide access to certain general medical information, they cannot and are not intended to provide medical advice. You should always seek the advice of a physician or other regulated health professional with any questions about your personal health or medical conditions. Never disregard, avoid, or delay obtaining medical advice from your physician or other regulated health professional because of something you have read on the Platform. If you have or suspect that you have a medical problem or condition, please contact a physician or other regulated health professional immediately.

‍

HEALTH SERVICE PROVIDERS ARE NOT EMPLOYEES OR AGENTS OF GREENSHIELD HEALTH AND ARE NOT CREDENTIALED BY GREENSHIELD HEALTH. GREENSHIELD HEALTH DOES NOT HAVE OVERSIGHT OF THE CARE THEY PROVIDED. GreenShield Health supports Health Service Providers by providing them with a license to use our intellectual property, and by providing them with general administrative and operational support. However, exclusive control and responsibility for the delivery of health care services is reserved to Health Service Providers. GreenShield Health requires that every Health Service Provider self-identify the areas in which they are competent and represent and warrant that they are permitted to provide theirServices and are a member in good standing with their licensing body. GreenShield Health requires them to immediately apprise GreenShield Health of any changes to their licensing status. Although GreenShieldHealth vets Health Service Providers and does its best to ensure their qualifications, we cannot guaranteethat they specialize in their claimed fields, and you agree that GreenShield Health will not be liable for thequality of the Services provided by Health Service Providers. Unless otherwise agreed by GreenShieldHealth, the Services described in these Terms are solely offered within Canada.

‍

Consent to Health Services and Data Collection

Use and Disclosure of Personal Information

‍

By accessing and using the Platform to receive Services via the use of online communication tools such as secure messaging and video, you consent to be consulted by Health Service Providers and Support Staff. Health Service Providers may ask you questions about your personal health history, present condition or symptoms, and any course of treatment or medication that has been prescribed to you. Support Staff only provide Support Services that are administrative in nature. You may withdraw your consent to receiveHealth Services at any time by ending your communication with the Health Service Provider. Neither theHealth Services nor the Support Services are intended to replace your primary care relationship with your family physician or other primary care health professional. You should continue to consult your family physician or other primary care health professional regularly as needed or recommended by them. We and your Health Service Providers will make every effort to keep your personal information private. If you wish to have information released, you must sign a consent form before that information is released.

‍

Health Service Providers are required by law to release information when the client poses a risk to themselves or others and in cases of abuse to children or the elderly. If the Health Service Provider receives a court order or subpoena, they must release some information. In such a case, they will consult with other professionals and limit the release to only what is necessary by law. You should ask questions of the HealthService Provider regarding any part of the session that is conducted or recommended to you, all of which should be answered to your satisfaction. If you are not satisfied with the explanation or information provided by them, you should not continue, or you should seek a second opinion from a health professional that is not affiliated with GreenShield Health. You have the right to refuse or withdraw consent at any time.

‍

Online Communication Tools

‍

In addition to the material risks that may be associated with a health care session, there are potential material risks specifically associated with using online communication tools and which may adversely impact the ability of Health Service Providers and Support Staff to provide Services, including (a) poor quality audio-video connections due to remote locations or other network limitations that may limit their ability to appropriately conduct the session or otherwise obtain sufficient personal information from you to properly conduct the session, (b) delays in evaluation or treatment resulting from similar technology failures, (c) lack of access to your personal health records maintained outside the Platform (i.e., by your family physician or other primary care health professional), which may result in judgment errors, and (d)unauthorized collection, use or disclosure of your personal information due to a security protocol breach or failure.

‍

GreenShield Health and Health Service Providers

‍

GREENSHIELD HEALTH BEARS NO LIABILITY FROM OR IN ANY WAY RELATED TO YOUR INTERACTION OR RELATIONSHIP WITH HEALTH SERVICE PROVIDERS EXCEPT AS EXPLICITLY PROVIDED HEREIN. You acknowledge that GreenShield Health is only responsible for helping you manage your health choices by, among other things, providing access to Health Service Providers and the Platform and, in light of that, cannot be responsible for the privacy practices of Health Service Providers outside the scope of the Platform. You agree that GreenShield Health is not responsible for any breach of your personal information if you use the Platform in a public or un secure environment where a session may be viewed or overheard (e.g., coffee shop, Internet café) and that personal information is overheard by others in your vicinity. You agree that GreenShield Health is not responsible and shall not be liable for any decision of a Health Service Provider to disclose your personal information and confidential data outside the scope of what is permitted and agreed between GreenShield Health and that Health Service Provider. You agree that, as Health Service Providers are independently registered and/or licensed with their regulators, we cannot be responsible for their behavior. GreenShield Health disclaims any and all liability related to your interactions with Health Service Providers whether or not those interactions occur on the Platform or elsewhere. By consenting to receive Services using the Platform, you consent to these inherent material risks. By providing or uploading any of your personal information to the Platform, Health Service Providers or Support Staff, you are consenting to the collection, use and disclosure of your personal information for the purposes of providing Health Services and Support Services to you and for purposes that are consistent with those purposes. Only the Health Service Providers, Support Staff and GreenShield will have access to your personal information and neither GreenShield nor any other party associated with GreenShield will disclose your personal information to any third party except as may be required by law or as provided in our Privacy Policy. Your personal information will be securely and digitally stored on servers physically located in Canada. Although GreenShield uses advanced encryption technology and other security protocols to protect your personal information and the privacy of your online consultations with HealthService Providers and Support Staff, you acknowledge by using the Platform that there are inherent risks to any technology, however remote, that could cause security protocols to fail or be breached, which could result in the unauthorized collection, use or disclosure of your personal information.

‍

GreenShield will notify you in compliance with applicable law of any security protocol failure or breach that has resulted in the unauthorized collection, use or disclosure of your personal information. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information by you to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or changes made to any transmitted information.

‍

Please review our Privacy Policy for more information regarding GreenShield’s privacy practices. The Privacy Policy is hereby incorporated into these Terms.

‍

Terms Applicable to Québec-Based Users

‍

Services provided to Québec Users are provided by Québec-registered Health Service Providers. If you area Québec resident, it is understood that you are using the Platform from inside Québec and that you are using the Services of a Québec-registered Health Service Provider. If you use the Platform and the Services outside Québec, you must verify in that country or region whether it is appropriate and permissible to obtain our Services. We provide our Platform and Québec-based Services in accordance with Québec laws and regulations. If you incur any loss, damage or other inconvenience resulting from your use of the Platform or Services, please note that in that regard we are not liable under any laws that apply to professional or health services outside Québec.

‍

Complaints, Reporting and Disputes

‍

If you are not satisfied with the Services provided by a Health Service Provider or if you wish to report any issues, concerns, or other matters relating to our Platform or Services, please contact us by email at support@greenshield.com, or by phone at 1.888.525.7587. Our team may conduct an internal investigation, and, with your consent, we may contact you to obtain your opinion and/or additional details.All problems relating to a Health Service Provider will be handled while maintaining the confidentiality of your information and your right to privacy, and in accordance with the laws applicable to that HealthService Provider. GreenShield Health may, without being obligated to do so, propose a change in HealthService Provider if you are not satisfied with your Health Service Provider. (No refunds will be issued based on dissatisfaction.) We will also direct you to the applicable authority to help you file your complaint.Alternatively, you can contact the professional regulatory college(s) in the province(s) where the Services were received.

The GreenShield privacy policy (the “Privacy Policy”) is available on the Platform and on the GreenShield+ website. The Privacy Policy may be amended from time to time. By agreeing to these Terms, you are also agreeing to the terms of the Privacy Policy, and you undertake to review those terms, as may be amended from time to time.

‍

Other than personally identifiable information, which is covered under our Privacy Policy, any materialyou post, submit, publish, or transmit about the Services and through the Platform is considered nonconfidential and non-proprietary. You represent and warrant that such material complies with theseTerms, and you agree to defend, indemnify and hold harmless GreenShield and its affiliates and licensors for any breach of that representation and warranty. You understand that you, not GreenShield, are responsible for that material, including its legality, reliability, accuracy and appropriateness. GreenShield shall have no obligations with respect to such material. We and our designees may copy, disclose, distribute, sublicense, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied therein for any commercial or non-commercial purposes, without compensation to you. If you provide us with ideas, thoughts, criticisms, suggested improvements or other feedback(collectively, “Feedback”), you agree that we may use the Feedback to modify our Services and Platform and that you will not be due any compensation. You grant to us a worldwide, royalty-free, fully paid-up, perpetual, irrevocable and sub-licensable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media or technology, whether now known or hereafter developed, and to allow others to do the same.This is true whether you provide the Feedback on the website or through other methods of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

These Terms are effective as of the day you first access the Platform and continue in force until terminated by either party as described below (the “Services Term”).

‍

We may, at any time, suspend or terminate your membership on the Platform with immediate effect by giving notice to you if, in our view, you have abused any Platform privilege, failed to follow these Terms, or made any misrepresentation to us or to any entity associated with or participating in the Platform. We may also terminate your membership if any of the following occurs: (a) you die, (b) you refuse or are unable to pay any outstanding charges incurred in association with receiving products or Services, or (c)GreenShield suspects you of fraudulent activity in connection with the Platform or Services.

‍

You may choose to remove access to your User Account by requesting (by email or the Platform) that yourUser Account be deleted or deactivated, ceasing use of the Platform, and uninstalling and removing all local software components thereof from your systems. You may choose to cancel any personal membership in the GreenShield program at any time by sending written notice to the address below or by contacting our customer support team (see Section 10 for further details).

‍

Once access has been removed, you will need to follow the registration steps set out in Section 2 if you wish to regain access. We are not liable to you or any other person for any termination of your UserAccount or access to the Platform. Termination of your User Account will not modify, change or void any payment obligations you incurred through your use of the Platform, whether those obligations are to us, a Health Service Provider or a third party. We may (but have no obligation) to investigate and/or take appropriate action, including legal action, in our sole discretion against you if you violate these Terms, including suspending or terminating your User Account and/or reporting you to law enforcement authorities. We have the right to fully cooperate with any law enforcement authorities or court order directing us to disclose the identity of anyone posting materials on the Platform. You waive and hold harmless GreenShield from any claims resulting from any actions taken by GreenShield as a result of investigations by either GreenShield or law enforcement authorities.

‍

We may terminate the Platform, or any part of it, at any time by sending a written notice to Members (which may be provided via mail or email, at pharmacy locations, on the GreenShield website, and/or through other communications to Members) between the 90th and the 60th day preceding the termination of the Platform or part thereof, setting out the effective termination date. If you are a patient of GreenShield Pharmacy, the pharmacy will continue to fill your prescriptions until arrangements can be made with you for them to transfer your file to another pharmacy.

By participating in any aspect of the Platform, you agree to be bound by these Terms. GreenShield may, at its sole discretion, unilaterally amend these Terms without notice, unless required by law. The version of the Terms that is posted from time to time on the Platform will govern the Platform and provision ofServices, and it is your responsibility to review these Terms regularly. We will provide you with notice of amendments to these Terms by amending the “Last Modified” date at the top of these Terms. Where required by law, or at our sole discretion, GreenShield will send Members, prior to effecting any major amendment, via email or in-Platform banner, a written notice setting about the amendment and the date it takes effect.

‍

We reserve the right to modify the Platform at any time without notice. If you object to any changes to the Platform, your sole recourse will be to cease using the Platform. We also reserve the right to discontinue the Platform at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Platform.

Unless otherwise set out herein, these Terms represent the only agreement between you and GreenShield with respect to your use of the Platform and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written. There are no representations, warranties, covenants, conditions or other agreements, express or implied, collateral, statutory or otherwise, between you and GreenShield in connection with the Platform, except as specifically set out herein.

‍

We may sell or transfer all or part of the Platform or its associated Services, merge with another entity or engage in any form of corporate, reorganization or financing transaction without the need to notify you. In addition, the manner in which the Platform and its associated Services is provided to you and the organizations providing Services in connection with the Platform may change.

‍

Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”. Any dollar amounts referenced in connection with the Platform or its Services or these Terms are referenced in Canadian dollars.

‍

For Users residing in Québec: These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without reference to conflict of laws provisions.

‍

For Users residing in the rest of Canada: These Terms are governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

If you have any questions about the Platform, please email support@greenshield.ca for health services related inquiries and customer.service@greenshield.ca for claim submissions and eligibility related inquiries, or call 1.888.525.7587. Any written notice to GreenShield may be sent by ordinary mail to:
‍

GreenShield+

5140 Yonge St., Suite 2100

Toronto, Ontario

M2N 6L7

Attention: Privacy Officer