Canadian Pharmacists Association
Canadian Pharmacists Association

Policies and Permissions

Disclaimer
The content on this site is for education and information purposes only. CPhA makes every effort to keep the content current. It does not warrant the accuracy, completeness or timeliness of the information. Please see our Service Agreement for more information.

Health Canada posts advisories and warnings ("Advisory/Advisories") to the Health Products section of the Recalls and Safety Alerts Database. CPhA posts these links to Advisories on its electronic products. Advisories are provided for the sake of convenience only; CPhA does not guarantee their accuracy or completeness, nor does it guarantee that all Advisories are posted. This site is not comprehensive, up-to-date sources of Advisories. The prescribing or dispensing professional should check with Health Canada to determine whether a particular medication is the subject of an Advisory. In the case of drug interaction Advisories, CPhA does not post the Advisory on the pages of all medications implicated by an Advisory, but only to the pages of medications that Health Canada makes the subject of the Advisory.

There may be a time lag between the original English text and the French translation. CPhA does not endorse any organization, product or therapy. Please see our External Links policy for more information.

The opinions expressed in this site are those of the content authors and CPhA and do not necessarily reflect the official views of Health Canada.

Copyright and Permissions
All information, data, materials, text, audio, video, graphics, charts, photographs, icons, designs, selections, arrangements, documentation and software, in any medium, contained in or made available through the Service (the “Content”) are the property of CPhA and its licensors or Providers and subject to Canadian copyright and intellectual property laws. You hereby acknowledge that the Service including, without limitation, the Content, contains proprietary information that is protected by all copyright, trademark, and other applicable laws. Your use of the Service does not grant or transfer to you any ownership or other rights in the Service and, except as expressly provided, nothing herein or within the Service shall be construed as conferring on you or any other person any license under any of CPhA’s, its licensors, its Providers, or any other third party’s intellectual property rights. Reproduction, adaptation, storage, translation, display, distribution, modification, alteration, enhancement or retransmission of any part of the Service without the express written permission of CPhA is prohibited. Limited excerpts of the Content may be used for personal use only, provided our copyright notice appears with the material in each instance and such use is consistent with the license below.

Copyright Notices of CPhA Electronic Products

CPS Therapeutic Choices. © Canadian Pharmacists Association (CPhA). All rights reserved.

CPS Drug Information. © Canadian Pharmacists Association (CPhA). All rights reserved.

CPS Minor Ailments. © Canadian Pharmacists Association (CPhA). All rights reserved.

CPS Products for Minor Ailments. © Canadian Pharmacists Association (CPhA). All rights reserved.

Information for the Patient. © Canadian Pharmacists Association (CPhA). All rights reserved.

© Canadian Pharmacists Association (CPhA), All rights reserved.


Right to Use
Subject to your compliance with these Terms and Conditions, CPhA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service including, without limitation, the Content, solely for your personal and non-commercial use. You acknowledge and agree that you must have a valid subscription to access and use the Service, in accordance with these Terms and Conditions.

If you experience problems accessing or using the Service, please email support@pharmacists.ca.

Trademarks
The names "Canadian Pharmacists Association", “CPhA”, "Association des pharmaciens du Canada", “APhC”, "CPS," and corresponding logos are trademarks of CPhA. These marks may not be used without the express written permission of CPhA.

When to Ask Permission
Prior written permission is necessary if you are using the Content in reproductions, adaptations, derivations or translations

Permission Requests
To request permission to use the Content in reproductions, adaptions, derivations or translations or otherwise outside the scope of the limited license granted herein print out and complete the Permission Request form (PDF). When you have completed the form, fax your request to 1-(800) 601-1904 (within Canada) or (613) 523-2332 (outside of Canada).

For inquiries on the use of the Permission Request form, email: permissions@pharmacists.ca.

Restrictions
Title to the Service remains with CPhA, its licensors or its Providers. No other right, title, license or interest in or to the Service, including, without limitation, the Content and/or any other property of CPhA, its licensors or Providers is granted to you. Any use of the Service not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

This limited license does not include any rights not specifically enumerated herein. Except as expressly authorized by CPhA, you agree not to (and not to allow any third party to): (i) modify the Service or create derivative works based on the Service; (ii) reproduce, mirror, duplicate or copy any portion of the Service or any information obtained from the Service (in whole or in part); (iii) sell, resell, republish, license, transmit, share, reverse engineer or otherwise make any portion of the Service or any information obtained from the Service available to any third party, whether for instructional, educational or other purposes; or (iv) use any robot, spider, scraper or other automated means to access the Service and collect any of the Content or access the Service by any means other than through the interface that is provided by CPhA for use in accessing the Service.  You shall comply with all applicable law at all times. Content and features are subject to change or termination without notice in the editorial discretion of CPhA. All rights not expressly granted herein are reserved by CPhA, its licensors and Providers.

Term and Termination
Subject to these Terms and Conditions, you may continue to access and use the Service as long as you have a valid subscription to the Service.  

If your subscription expires or if you violate any of these Terms and Conditions, your rights under these Terms and Conditions, including any right to access and use the Service automatically terminate, and you must immediately delete and/or destroy any copies you have made of any portion of the Content. Without limiting the foregoing, CPhA may suspend or terminate your use or access to the Service (including by blocking Content or removing downloaded Content) at any time and without notice, if you violate these Terms and Conditions. CPhA may terminate your use of the Service at any time on written notice.

Notwithstanding termination of your access and use of the Service, these Terms and Conditions will nevertheless continue to apply and be binding upon you in respect of your prior use of the Service.

Except as otherwise expressly provided in these Terms and Conditions, if you are dissatisfied with the Service or the Content, then your sole and exclusive remedy is to discontinue accessing and using the Service.

Third-Party Sites
The Service may link to, or be linked to, sites not maintained by or related to CPhA. All links are provided only as a service to our visitors. CPhA is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking site, unless specifically stated on the Service. CPhA has not reviewed all sites to which it links and is not responsible for the content, accuracy, timeliness, reliability or policies of any such sites. You link to other pages or sites at your own risk, and your use of other sites will be controlled by the Terms and Conditions posted on those sites. You should review the Terms and Conditions of any site to which you navigate.

Privacy Policy
By accessing and using the Service, you agree to the terms of our Privacy Policy, which are incorporated into these Terms and Conditions by reference.

Software

Apple: If you have downloaded software from the Apple iTunes Application Store, the following additional terms apply to such software:

You agree and acknowledge that these Terms and Conditions are concluded between you and CPhA only and not with Apple and that Apple is not responsible for the software and its content. In addition, your use of such software downloaded from such location is limited to a non-transferable license to use the software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") or macOS ("Mac Computers"), as applicable (collectively "Apple Device(s)") that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes Application Store Terms of Service. Moreover, CPhA hereby informs you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the software.

Apple has no warranty obligation with respect to the software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in these Terms and Conditions. In the event of any failure of the software to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price for the software (if any), and that to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the software, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty will be CPhA’s sole responsibility. Please note that to the extent permitted by applicable law, CPhA has disclaimed all warranties.

Apple is not responsible for addressing any claims relating to the software or your possession and/or use of the software, including, but not limited to: (i) product liability claims; (ii) any claim that the software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Apple is not responsible for any third-party infringement claims that the software or your possession and use of the software infringe a third party’s intellectual property rights. In the event of any third party claim that the software or your possession and use of that software infringes a third party’s intellectual property rights, CPhA, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of these Terms and Conditions and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary hereof.

You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Interpretation and Disputes
These Terms and Conditions are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of laws provisions which would have the effect of imposing a different governing law. Forum is exclusively in Ottawa, Ontario with respect to any dispute arising under these Terms and Conditions, unless otherwise agreed by CPhA in its sole discretion.

If any provision of these Terms and Conditions is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator may modify such provision to the minimum extent necessary to make an invalid provision enforceable and valid. If modification is impossible or impracticable then the provision will be severed and the remaining terms of these Terms and Conditions will be interpreted and read to give them maximum enforceability.

Entire Agreement
These Terms and Conditions, together with any terms and conditions referenced herein, which are hereby incorporated into and form part of these Terms and Conditions (including, without limitation, CPhA’s Privacy Policy, the CPhA Editorial Policy and Erratum Policy), constitute the entire agreement between you and CPhA with respect to your access and use of the Service.

You are encouraged to review these policies and check periodically for updates.

These Terms and Conditions are between you and CPhA. Apple Inc. (“Apple”), Google, Inc. (“Google”), and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to these Terms and Conditions if you access the Service using applications developed for Apple iOS or Android mobile devices, respectively. Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary hereof. These third party beneficiaries are not parties to these Terms and Conditions and are not responsible for the provision or support of the Service in any manner.

Waiver
Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by CPhA and only applicable to the specific incident and occurrence so waived. The failure by CPhA to insist upon the strict performance of these Terms and Conditions, or to exercise any term hereof, shall not act as a waiver of any right, promise or term, which shall continue in full force and effect.

Assignment
These Terms and Conditions may not be assigned by you in whole or in part, without CPhA’s prior written consent. Any permitted assignment shall not relieve you of your obligations hereunder. CPhA may, without prior notice or consent, assign these Terms and Conditions. You give your approval to CPhA for it to assign these Terms and Conditions, in whole or in part, and upon such assignment the assignee shall assume all the rights and obligations of CPhA and CPhA shall be released. These Terms and Conditions will inure to the benefit of CPhA's successors and assigns.

Survival
The following sections shall survive termination of these Terms and Conditions or expiration of your subscription: Disclaimers, Medical Disclaimers, Limitation of Liability, Indemnity, Copyright and Permissions, Trademarks, Restrictions, Termination, Interpretation and Disputes, Entire Agreement and Survival.

Service Agreement

The primary subscriber to this subscription read and accepted the terms and conditions of the following Service Agreement.

This service agreement (the "Agreement") constitutes the entire agreement between you (the "Client") and the Canadian Pharmacists Association ("CPhA") with respect to Client's access to and use of CPhA's electronic products together with all the information, data, reports and other information (the "Content") made available to the Client (collectively, the "Service").

PAYMENT
Client agrees to pay all applicable fees and taxes with respect to the Service that Client has subscribed for or accessed for the applicable number of users, all in accordance with the CPhA's then-current fee policy.

Client shall pay all invoices for fees and taxes on the invoice date. Invoiced fees and taxes are subject to a late payment charge at the rate specified in the invoice, calculated from the invoice date, if not paid within thirty (30) days of the invoice date. Client shall not withhold or deduct any amounts from, or set-off amounts owed by CPhA to Client against, any amounts invoiced by CPhA for fees and taxes.

RESTRICTIONS ON USE
Client acknowledges and agrees that the Service and any content and software used in connection with the Service contains proprietary information that is protected by applicable intellectual property and other laws. All whole and partial copies of the Service and any information obtained from the Service remains the property of CPhA and its licensors and will be considered part of the Service for purposes of this Agreement.

Except as expressly authorized by CPhA, Client agrees not to (and will not allow any third party to): (i) modify the Service or create derivative works based on the Service; (ii) reproduce, duplicate or copy any portion of the Service or any information obtained from the Service (in whole or in part); (iii) sell, resell, license, reverse engineer or otherwise make any portion of the Service or any information obtained from the Service available to any third party; or (iv) access the Service by any means other than through the interface that is provided by CPhA for use in accessing the Service. Client shall be responsible for use of the Service by any of its User(s) (as defined in Section 4) and take all necessary measures to ensure that the User(s) use the Service in accordance with the terms and conditions of this Agreement.

Client and its User(s) (as defined in Section 4) are permitted to print a reasonable number of copies of limited portions of the Content solely for Client's (and its Users') own personal reference. Client and its User(s) are also permitted to print and distribute to Client's (or its Users') own patients, a reasonable number of copies of certain items of Content specifically designated as patient information on the Service. In the event that Client wishes to make any use of the Service or Content outside of these restrictions, then Client should contact CPhA directly to discuss its requirements.

Client may, in some circumstances, print selected sections of product monographs however CPhA recommends that where product monographs are used, the full product monograph should be used. Partial product monographs should not be provided to patients or anyone else and are for use only by Clients, at their own risk. CPhA assumes no responsibility for, or liability in connection with, the use of partial product monographs obtained from the Service.

LICENCE GRANT
Subject to the terms and conditions of this Agreement, CPhA grants to Client a personal, non-exclusive, non-transferable and limited licence for use of the Service on CPhA's web server(s) by one or more of Client's employees (each a "User") solely for Client's internal, non-commercial purposes, provided that the Service is used, at any given time, only by as many User(s) as Client has purchased concurrent licences. The foregoing licence shall be for access and use only by the equivalent number of User(s) for whom Client has paid the applicable licence fees. Client is not permitted to use, reproduce, transmit or communicate the Content for instructional or educational purposes. In the event that Client wishes to use any Content for instructional or educational purposes, the Client must contact CPhA to discuss its requirements.

No other right, title, licence or interest in or to the Service and/or any other property of CPhA or its licensors is hereby granted to Client. CPhA may make changes to the Service at any time and without notice.

ACCESS TO SERVICE
1.    Username and Passwords. Client shall obtain a username ("Username") and password ("Password") from CPhA which shall be used by Client's User(s) to access the Service. Client acknowledges and agrees that it:

i.    has ensured that any of Client's User(s) accessing the Service understand the privacy, confidentiality and security terms outlined in this Agreement, including, but not limited to, the requirement to exit from the account at the end of each session; and
ii.    shall ensure that all User(s) of the Service are aware of Client's obligations under this Agreement.

2.    Multiple Users - Primary Contact Information. If Client has more than one User, Client shall designate an employee as its primary contact for purposes of this Agreement (the "Primary Contact"). Client shall inform CPhA of the identity of its Primary Contact and shall provide true, accurate, current and complete information with respect to the Primary Contact. Client agrees to maintain and promptly update such information as may be required from time to time, to keep it true, accurate, current and complete. CPhA will use such information for purposes of managing access to the system and advising Client of relevant products and services related to the Service.

3.    Individual Users - User Information. If Client has only one User, Client shall provide true, accurate, current and complete information with respect to such User. Client agrees to maintain and promptly update such information as may be required from time to time, to keep it true, accurate, current and complete. CPhA will use such information for purposes of managing access to the system and advising Client of relevant products and services related to the Service.

CONFIDENTIAL INFORMATION
Except as otherwise required by applicable law, Client, its employees, contractors and each of its User(s) shall maintain all Confidential Information obtained in connection with this Agreement in strict confidence.

For purposes of this Agreement, "Confidential Information" means all data and information which Client and any User(s) have obtained as a result of using the Service and which is marked confidential, including without limitation, any Username and Password.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT OTHER WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALL IMPLIED WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY CPhA AND WAIVED BY CLIENT. THE ENTIRE RISK AS TO THE ACCURACY OF ANY INFORMATION ON THE SERVICE AND USE OF THE SERVICE, AND THE RESULTS AND PERFORMANCE OF THE SERVICE, ARE ASSUMED BY CLIENT. CLIENT ACKNOWLEDGES AND AGREES THAT THE INFORMATION AVAILABLE ON THE SERVICE IS NOT EXHAUSTIVE AND IS NOT INTENDED TO BE ALL INCLUSIVE. CPhA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN.

IN NO EVENT SHALL CPhA (OR ITS LICENSORS, AGENTS, SUPPLIERS OR SUBCONTRACTORS) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER SIMILAR DAMAGES, THAT MAY ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

IN NO EVENT, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, SHALL CPhA'S (OR ITS LICENSORS', AGENTS', SUPPLIERS' OR SUBCONTRACTORS') TOTAL LIABILITY TO CLIENT FOR ANY DAMAGES, LOSSES, CAUSES OF ACTION OR OTHER AMOUNTS UNDER OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT TO CPhA FOR THE SERVICES PROVIDED HEREUNDER IN THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

CPhA (AND ITS LICENSORS, AGENTS, SUPPLIERS AND SUBCONTRACTORS) ARE NOT LIABLE FOR AND CLIENT SHALL BE LIABLE FOR: (I) CLIENT'S AND ITS USERS' USE OF THE SERVICE OR TRANSMISSION OF THE CONTENT; AND (II) CLAIMS AGAINST CPhA (OR ITS LICENSORS, AGENTS, SUPPLIERS AND SUBCONTRACTORS) BY USER(S) IN CONNECTION WITH THE SERVICE.

Client acknowledges and agrees that the Service may be unavailable periodically for scheduled and unscheduled maintenance. CPhA will endeavor to provide notice of any scheduled maintenance periods. CPhA will endeavour to perform scheduled maintenance during off-peak hours provided that in certain circumstances scheduled maintenance may need to be performed during business hours.

TERM AND TERMINATION
The term of this Agreement shall begin on the date of acceptance of this Agreement by the Client and shall end when terminated by the Client or by CPhA.

CPhA may immediately terminate this Agreement and/or any User's access to the Service if Client or any User has breached the Agreement.

Client may terminate this Agreement at any time by ceasing to use the Service. If Client notifies CPhA in writing of its termination of this Agreement within thirty (30) days of the date of Client's acceptance of this Agreement, then Client shall be entitled to receive a refund of any prepaid fees less an administrative fee of thirty-five dollars ($35.00). Except as set out in Section 11 below, CPhA will not provide a refund of any fees paid by Client if Client terminates this Agreement after thirty (30) days from the date of Client's acceptance of this Agreement.

CPhA may terminate this Agreement, for convenience, at any time, by providing the Client with not less than thirty (30) days written notice. In the event that CPhA terminates the agreement for convenience pursuant to this paragraph, then it shall refund to Client a pro rata portion of any amounts paid by Client in advance with respect to Services to be provided after the effective date of Termination.

MEMBER ACCOUNT, PASSWORD AND SECURITY
The Client and its User(s) are responsible for maintaining the confidentiality of all means of access to the Service. The Client is fully responsible for all activities that occur under the Client's means of access.

The Client agrees to immediately notify CPhA of any unauthorized use of any of the Client's means of access or any other breach of confidentiality or security.

INDEMNITY
Client shall defend, indemnify and hold CPhA and its officers, directors, employees, licensors agents, suppliers and subcontractors harmless from any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, including, reasonable legal fees, made by any third party due to or arising out of, or in connection with Client's use of the Service, or any of Client's employees or Users' use of the Service, Client's connection to the Service or any breach of this Agreement.

GENERAL
CPhA may update and change this Agreement from time to time by providing Client with written notice. In the event that CPhA makes any changes to the Agreement you will have an opportunity to accept the revised Agreement or terminate the Agreement (if you elect to terminate the Agreement, you will be entitled to receive a pro rata refund of any fees that you have prepaid). The most recent version of this Agreement shall be available at www.e-Therapeutics.ca. The Agreement shall be governed by the laws in force in the Province of Ontario, Canada without regard to conflict of laws. Any dispute that may arise under this Agreement shall be resolved in the Province of Ontario in the City of Ottawa. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. The parties hereto are independent contractors. This Agreement and any additional terms are not intended to create a partnership, joint venture, or agency relationship between the parties. This is the entire agreement between the Client and CPhA relating to the matters contained herein and shall not be modified except in writing by CPhA. This Agreement may not be assigned without CPhA's written permission. No party will be deemed to have waived the exercise of any right unless such waiver is in writing. Sections 3, 6, 7, 10 and 11 shall survive termination of this Agreement.