Terms & Conditions

Professional Disclosure:

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.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES.

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.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

Introduction

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.

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the Rocky Sites that you may use to receive Services. Your access to and use of the Sites is subject to these Terms of Use, our Privacy Policy as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived to the Sites through a website or mobile application operated or controlled by a third party, including by an affiliate of Rocky, you understand and agree that these Terms of Use are entered into between you and Rocky. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Sites, Services or any information or Content provided through the Sites or Services. The Sites and Services are continually under development, and Rocky reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Sites or Services to determine if any changes have been made. Any

changes to these Terms of Use are effective upon posting to the Sites. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Sites. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Sites and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

Availability

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.

Eligibility

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 agree to be legally bound by and comply with these Terms of Use.

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.

Please see our Telehealth Consent Form for a description of the risks and benefits of telemedicine. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

Prescription Products

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.

Privacy policy

Rocky understands the importance of confidentiality and privacy regarding your health information. Please see: (1) our Privacy Policy provides a description of how we may collect and use your personal information, and (2) the Rocky Professionals Notice of Privacy Practices applicable to Rocky Health and similar affiliated professional entities and Rocky Health Pharmacy. The Privacy Policy and Rocky Professionals Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.

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.

By accepting the Terms of Use, you agree and consent to Rocky, Rocky affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any Rocky affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

Consultative service

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.

Site content

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

The mobile site is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. As a result, you may compromise your protected health information if you use the site on a mobile phone that has been modified. Use of the site on a mobile phone with a modified operating system is a material breach of these Terms of Use.

Access rights and prohibited use

Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and non-transferable right to view, download, access, and use the Sites in Provinces in which we operate, to use the Services solely for your personal and non-commercial use and only as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy. No other right, title, or interest in or to the Sites is transferred to you, and all rights not expressly granted are reserved by Rocky or its licensors. We reserve the right, in our sole discretion, to deny or suspend use of the Sites or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Sites or Services to violate any local, provincial, federal or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Sites; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Sites, or any other system, device, or property; (e) access or use the Sites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Sites, Services or related materials in any way; (g) use or access the Sites to create or develop competing products or services or for any other purpose that is to Rocky’s detriment or commercial disadvantage; (h) take any action or use the Sites in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Sites or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Sites or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Rocky or any of our service providers to protect our Sites; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you on or through our Sites; (l) use any manual process or automated device to monitor or copy any content made available on or through our Sites for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Rocky or third-party content from the Sites; (n) otherwise use the Sites in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.

Ownership of information submitted via the sites

When you set up an account with Rocky, you are creating a direct customer relationship with Rocky that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to Rocky, including but not limited to your name, email address, shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.

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

As between Rocky and you, Rocky is the sole and exclusive owner of all right, title and interest in and to the Sites and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Sites except as generally and ordinarily permitted through the Sites according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Sites or Content shall be owned solely and exclusively by Rocky or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Sites or Content.

Trademarks

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.

You may have arrived to the Sites through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of Rocky. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Sites.

Termination

The Terms of Use will remain in full force and effect as long as you continue to access or use the Sites or Services. You may terminate the Terms of Use at any time by discontinuing use of the Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use.

Rocky may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Sites or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, Rocky reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content destruction policies. After such termination, Rocky will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Rocky harmless from any and all liability that Rocky may incur therefore.

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.

Indemnification

You agree to indemnify, defend, and hold harmless Rocky, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and lawyers harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable legal fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Sites in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.

 

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.

Pharmacy 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: 

  1. 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. 
  2. Once dispensed, each patient shall receive an email which includes all relevant counselling points and relevant information provided above. 
  3. 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. 
  4. 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.

 

 

Payment

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

These Terms of Use and your use of the Sites shall be governed by the laws of the Province of Ontario, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Toronto, Ontario under the rules of the International Arbitration Association, except that either party may bring a claim related to intellectual property rights , or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree that the courts located in Toronto, Ontario shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.

All parts of these Terms of Use apply to the maximum extent permitted by law. Ro and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

No waiver

No waiver by Rocky of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Rocky to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

No agency relationship

Neither these Terms of Use, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Assignment

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Rocky and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Ro is transferred to another entity by way of merger, sale of its assets or otherwise.

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: 

  1. The prescription product was used as directed by your prescriber leading up to the refund period*
  2. The OTC product was used as recommended leading up to the refund period*
  3. 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.