THE USER HEREBY ACKNOWLEDGES DOCTORS UNDER ROCKY HEALTH INC. MAY BE DIRECTORS AND/OR SHAREHOLDERS IN ROCKY HEALTH INC. AND THEREFORE MAY HAVE AN INDIRECT FINANCIAL INTEREST THROUGH YOUR USE OF THE SERVICES OFFERED ON THIS PLATFORM. BY YOUR CONTINUED USE OF THIS PLATFORM, YOU ACCEPT AND ACKNOWLEDGE THE FOREGOING.
AMONG OTHER ACTIVITIES, ROCKY’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
Rocky Health Inc., Rocky Pharmacy Inc., and their respective affiliates (collectively, “Rocky,” “we ”, “us”, or “our”) own and operate the websites located at www.rockyhealth.com, (collectively, the “Websites,” and collectively with any affiliated mobile application (“App”), the “Sites”) as well as the Trademarks, Rocky Health ™, My Rocky ™, myrocky.ca ™ (collectively, the “Trademarks” and attached hereto as Appendix A). The Sites are intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) providing individuals with pharmaceutical services; (iii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmaceutical services; (iv) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmaceutical services; and (v) telecommunications support for using the Services as a means of direct access to health care providers provided by Rocky and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.
Certain of our Services are currently only available to individuals located in Ontario, British Columbia, Alberta, Nova Scotia, Saskatchewan, New Brunswick, Quebec, Newfoundland and Labrador.
In order to qualify to use the Services, the following must be true:
- You are age 18 or over.
- You are located in a Province Where We Operate (depending on the type of Services).
You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through Rocky. In addition to the above requirements, Rocky and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
Requirements for use
Certain products available through the Service are subject to additional age restrictions, and not all products or services are available to all ages.
In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with or seek medical and/or mental health care and treatment from a healthcare provider or mental health professional. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted with additional information regarding next steps.
Special consent to telehealth services
Telemedicine and Telehealth involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
- Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
- Interactions between a patient and health care provider via audio, video, and/or data communications; and
- Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Rocky Health Care Providers, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you will receive information about your options for filling the prescription. Certain prescriptions can be filled through the Rocky Health Pharmacy by using the Platform (or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service).
If you complete a consultation with a Provider and fill a prescription through one of Rocky Health Pharmacies, the prescription product is shipped to you by the Rocky Health Pharmacy and the costs associated with the prescription are included in the total charged to you by the Service as described in the “Subscription Products” section above. If you fill a prescription with a pharmacy other than Rocky Health Pharmacy, the Service will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
Prescription products available through the Platform are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.
Rocky reserves the right to charge a cancellation fee in the amount of $30.00 CAD (hereinafter referred to as the “cancellation fee”) on all prescription orders. The cancellation fee shall be automatically billed after seven (7) days if user questionnaire or ID verification is incomplete. A failure to respond to any emails from Rocky for more than seven (7) days shall also incur the cancellation fee.
Your relationship with Rocky
Rocky does not provide any medical services, including via the Sites and Services. Rather, Rocky provides a technology platform for you to access a health care provider employed or contracted with Rocky Health or similar affiliated professional entities and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with a Rocky health care provider. or affiliate health care provider through the Services, you are not entering into a provider-patient relationship with Rocky.
In some cases, a Rocky Health or affiliated health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Rocky strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Rocky may be limited by provincial law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.
Except for specific communications received from Rocky Health Inc. or affiliate health care organizations and providers, none of the Content you receive through the Sites should be considered medical advice.
Registration and user accounts
Although certain parts of the Sites are accessible by any individual, you are obligated to register with Rocky in order to access the Services. The Services are available only to users who have registered with Rocky and to other persons affiliated with Rocky who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Rocky. If you do not maintain such information, or Rocky has reasonable grounds to suspect as much, Rocky has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify Rocky of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Rocky [email protected] . Rocky may take any and all actions it deems necessary or reasonable to maintain the security of the Sites, Services and your Secure User account.
You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. Rocky explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) Rocky will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.
‘jailbreaking’ the mobile operating system
Access rights and prohibited use
Ownership of information submitted via the sites
However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by Rocky, Rocky may create derivative works of any such data, and Rocky may provide such data to our service providers, our successors and assigns, and affiliated health care providers, and their affiliated professional entities, in performance of their services; and (2) grant Rocky, our service providers, our successors and assigns, Rocky Health Inc. and affiliated health care providers, and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Sites for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Rocky using such data.
Ownership of site content
Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of Rocky or its affiliates. You are not authorized to use any such Marks without the express written permission of Rocky. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
Links to third-party hyperlinks and websites
The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites. Despite any referrals/leads from social media influencers and social media platforms to the Site, Rocky’s Terms and Conditions of Website will apply.
Disclaimer of warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROCKY AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER ROCKY NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, ROCKY DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND ROCKY DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
Limitation of liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL ROCKY, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF ROCKY OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Modifications to the sites
Rocky reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that Rocky shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.
If you receive a prescription as a result of the Services, you may select Rocky Health Pharmacy Inc. (collectively, the “Rocky Pharmacy”) to ship your prescription. You give us consent to send and disclose to the Rocky Pharmacy all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmaceutical services.
Patients of Rocky Pharmacy will be provided the relevant and appropriate counselling points for new and repeat prescriptions every time the pharmacy dispenses the medication. Counselling points shall be provided via 4 methods:
- Each product page on myrocky.ca has counselling points on what to expect from the medication, the medication’s appropriate use, side effects, why it may be useful, and FAQ’s about the medication and condition being treated.
- Once dispensed, each patient shall receive an email which includes all relevant counselling points and relevant information provided above.
- Once the tracked package is received, the patient will find a leaflet inside which will include further counselling points, in case they did not read the counselling points online, or see the email that was sent.
- The patient can call Rocky Pharmacy during the hours in which the designated manager informs the Ontario College of Pharmacists (“OCP”) that there is a pharmacist present. In addition, the patient has an online portal in which they can: a. ask any clinical questions and b. request a phone call from the pharmacist.
Delivery will be via Canada Post, Fedex, UPS, or DHL depending on location and availability. All items will be shipped via express tracked shipping to ensure the medication arrives safely and in a timely manner. Furthermore, unless stated otherwise, prices, shipments and risk of loss are Free on Board (hereinafter referred to as “FOB”) at the Rocky’s facilities. Title and risk of loss pass to Consumer in accordance with the definition of FOB in Incoterms 2010. Rocky Pharmacy will NOT be shipping anything that requires maintaining cold chain, or any Schedule 1 narcotics or controlled substances.
Rocky Pharmacy will be accepting returns in person or shipped at the patient’s cost. Rocky Pharmacy will not be issuing refunds, exchanges or store credit as we are unable to guarantee the safety, storage, and handling of the medication/product once the patient receives it. Returns accepted will solely be for the reason to safely dispose of the medication/product.
Patients can file a complaint if required. In order to file a complaint, send an email clearly outlining the patient name, address, order number, product/medication purchased, and explain the problem thoroughly. Emails can be sent to [email protected].
Packaging and fulfillment restrictions
If you select to use Rocky Pharmacy to fulfill any prescriptions provided by health care providers through the Services, you acknowledge that your medication, if approved, may not be shipped in child-resistant packaging and that you must keep it out of the reach of children. You agree to assume any and all liability in keeping any of our products out of the reach of children.
Prior to dispensing, and at your request we will provide the price of your prescription without obligation.
Our usual and customary fee for professional services when dispensing a drug product is $0.00.
Certain prescriptions may warrant a different fee. The services included in our fees, in addition to professional dispensing, are as highlighted below:
- Patient medication profiles
- Professional consultation
- Health care service information
- Delivery service
Some of the services listed above may be available at an extra charge.
Notice to Patients
When dispensing your prescription your pharmacist may select an alternate brand of the same drug where permitted by Ontario law.
• You have the right to request an interchangeable product.
• Ask your pharmacist if a lower priced drug is being used to dispense your prescription.
• Please feel free to consult your pharmacist about your prescription.
NOTICE TO ONTARIANS RECEIVING DRUGS AND PHARMACY SERVICES
The Ministry of Health and Long-Term Care (Ministry) will provide access to information about the publicly funded drugs and pharmacy services, or monitored drugs you receive to your health care providers to help them provide high quality health care to you.
If you do not want any of your health care providers to see the information described above, you can complete a form and submit it to the Ministry.
If the Ministry has previously notified you that access to your information has been blocked, the Ministry will not give your health care providers access to your information unless you request a change.
For information call the Service Ontario INFO line toll-free at 1-800-291-1405; TTY 1-800-387-5569 or visit the Ministry’s website at ontario.ca/mydruginfo. Even if you have blocked your health care providers from accessing information about your monitored drugs for the purpose of providing health care to you, information about your monitored drugs will still be accessible to a health care provider who actually prescribed or dispensed a monitored drug to you, or is determining whether to prescribe or dispense a monitored drug to you. For more information, please see *Public Notice Regarding the Ministry of Health and Long-Term Care’s (*ministry) Collection, Use and Disclosure of Information under the Narcotics Safety and A”rareness Act, 2010″ available at the Ministry’s website at ontario.ca/mydruginfo.
You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.
You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to Rocky may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Rocky collects on their behalf. In the event that your credit card expires or Rocky, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Rocky and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
Governing law; dispute resolution; arbitration; venue; severability of provisions
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND RO TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ROCKY
No agency relationship
Rocky Health Inc. & Rocky Health Pharmacy Inc. Refund Policy:
Refunds per our money-back guarantee policy can only be requested during the following days (refund period*) for these products:
- Finasteride purchased through myrocky.ca between 90 and 180 days.
- Sildenafil/Viagra purchased through myrocky.ca between 30 and 60 days.
- Tadalafil/Cialis purchased through myrocky.ca between 30 and 60 days.
- Essential IX Shampoo and/or Essential V Oil purchased through myrocky.ca between 60-90 days.
You may be eligible for a full refund of prescription/OTC products if the following terms and conditions are satisfied:
- The prescription product was used as directed by your prescriber leading up to the refund period*
- The OTC product was used as recommended leading up to the refund period*
- You submitted a refund request within the refund period* to the following email address:
Please note: Refund requests will not be accepted if made outside of the refund period* stated above. If/when a request has been approved, the payment method used to make the original purchase will be refunded. We accept prescription products back for destruction purposes only. Limit one refund per customer per eligible product. Returning customers who sign up through myrocky.ca are not eligible for a refund. Additional items from your order may not be eligible for a refund.
Rocky Health Inc. and Rocky Health Pharmacy Inc. reserve the right to forfeit the guarantee if abuse of our money-back guarantee is suspected.
For other drug-related inquiries (ie dose, side effects, directions, etc.), contact our healthcare providers directly through our platform.