Terms and Conditions

Please read these Terms of Use (“Terms”) carefully – they form an agreement between you and London Drugs Limited (“London Drugs”, “we” or “us”) and govern your use of the London Drugs Mobile Pharmacy application (“LD Rx App”). By downloading, installing, logging in or using the LD Rx App, you acknowledge that you have read, understood and agree to be bound by and comply with these Terms. We may update or revise these Terms at any time. Your login and continued use of the LD Rx App after changes have been posted will constitute your binding acceptance of the updated or revised Terms. The date at the end of these Terms shows the most recent date revisions were made to these Terms.

PURPOSE The LD Rx App allows you to obtain personal health information (“PHI”) from, and communicate with, London Drugs pharmacies (“Purpose”) according to LD Rx App functionality that may be available from time-to-time. The LD Rx App does not include information about prescriptions filled at pharmacies other than London Drugs. The LD Rx App is provided as an enhancement to the pharmacy services provided to you by London Drugs, and is not intended to replace the provision of any pharmacy services to you by one of our trained professionals.

CHANGES TO LD RX APP London Drugs may change, suspend or discontinue any function or feature of the LD Rx App at any time, including any functionality, service or content. London Drugs may restrict your access to part or all of the LD Rx App without notice or liability.LICENSE & PERMITTED USE Subject to these Terms, London Drugs grants you a non-exclusive, non-assignable, revocable license, solely for non-commercial purposes, to install and use the LD Rx App to view and interact with PHI available to you or provided by you, or by an authorized user on your behalf, using the LD Rx App. All rights not expressly granted in these Terms are reserved by London Drugs, including the right to refuse to grant a license to install and use the LD Rx App to any person, in its sole discretion.

LINKS London Drugs is not responsible for the content or practices of any third party websites. If you access any third party websites through links found on the LD Rx App, you do so entirely at your own risk.

NO MEDICAL ADVICE The LD Rx App is provided for your convenience and at no cost to you. The contents shown on the LD Rx App, including your PHI, do not constitute professional medical advice from London Drugs. You should consult your medical physician if you have questions about a medical condition. You may also consult with your local London Drugs pharmacist if you have questions about a medication or prescription. In case of a medical emergency, you should call 911. Preparation and dispensing of medication is subject to your pharmacists’ professional judgment.

PRIVACY Your privacy is extremely important to us. The LD Rx App will enable you to view your London Drugs pharmacy profile (including prescription history) and communicate a request to refill a prescription with a London Drugs pharmacy location where you have a valid prescription on file. To view your pharmacy profile and/or request a refill you will need to provide certain personal information and PHI to permit London Drugs to provide you with pharmacy services. Such information may include your name, address, date of birth, contact information (email address and/or telephone number) and prescription number(s). London Drugs will use this information to provide you with requested pharmacy services, and will store information related to your request for pharmacy services in its onsite pharmacy databases, similar to if you made an in-person request. When you initiate an LD Rx App session, PHI will be provided to the LD Rx App by London Drugs onsite pharmacy databases. When you close your LD Rx App session, no PHI is retained in the LD Rx App or on your device. If you allow location services to communicate with the LD Rx App, London Drugs will access and use information about your location for the limited purpose of assisting you to identify the nearest London Drugs pharmacy. London Drugs’ Privacy Policy describes how we collect, handle and protect your PHI, in each case in accordance with applicable federal or provincial privacy legislation. By using the LD Rx App, you acknowledge and consent to our collection and handling of your PHI as set out in these Terms and in the London Drugs Privacy Policy. If you have questions or concerns regarding London Drugs Privacy Policy, please contact us:

SECURITY To protect the security of your PHI, to access the Rx App, you will be required to visit your London Drugs pharmacy and provide government-issued photo identification to the pharmacist or regulated pharmacy technician. The pharmacist or regulated pharmacy technician will issue you a card number and temporary PIN in order to access your pharmacy profile using the Rx app. You will be required to set up a unique PIN the first time you login to the Rx App. Every year, you will be required to reset your PIN by visiting your London Drugs pharmacy at which time, following verification of your government issued photo identification, a pharmacist or regulated pharmacy technician will provide you with a new temporary PIN.

To further protect your PHI, we recommend password protecting your phone, activating time out and screen lock settings and closing apps when not in use.

COMMUNICATIONS We may send you in-app communications which could include refill reminders and notifications that your prescription has been filled and is ready for pickup. By accepting these Terms, you grant us permission to communicate with you in this capacity. If you do not wish to receive such in-app communications you may update your settings to ‘opt-out’ and decline to receive any further such in- app communication.

TRADEMARK NOTICE London Drugs and the London Drugs logo are registered trade-marks of London Drugs Limited. Other trademarks, service marks, related words, domain names and logos which are the property of London Drugs may also appear on the LD Rx App. All other trademarks, service marks and logos used on the LD Rx App are the trademarks, service marks or logos of their respective owners. Nothing in these Terms may be construed as granting any license or right to use any trademark or logo displayed on the LD Rx App.

REPRESENTATIONS AND WARRANTIES You represent and warrant that: (a) you are the age of majority in the Province in which you reside*; and (b) you will only access your own PHI or that of a person whose PHI you are authorized by such person to access. *subject to pharmacist discretion regarding mature minors, where permitted by provincial legislation.

USER CONDUCT You represent, warrant and agree that you will not: (a) violate, interfere, defeat or circumvent the security of the LD Rx App, or any part thereof, including any software which: forms part of the LD Rx App, is used to operate, connect to or manage the LD Rx App, or which facilitates the Purpose of the LD Rx App (collectively the “LD App Software”); (b) reverse engineer, modify, decompile or disassemble any portion of LD Rx App; (c) copy, distribute, sell, rent, sublicense, assign or otherwise transfer the LD Rx App or any part of it; (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels found within the LD Rx App; (e) use the LD Rx App in a manner that: (i) violates any applicable laws, regulations, requirements and/or orders of any applicable governmental authority; (ii) is harmful, threatening, harassing, discriminatory, tortious, libelous, defamatory, vulgar, obscene, pornographic or otherwise objectionable; (iv) invades another’s right of privacy; or (v) infringes, misappropriates or violates any Intellectual Property Rights.

ACCESS TO THIRD PARTY PHI With proper authorization, you may use the LD Rx App to access the PHI of someone other than yourself, including a member of your immediate family, someone under your care, or someone who is otherwise legally dependent on you. Similarly, you may authorize someone other than yourself to use the LD Rx App to access your PHI. At any time, London Drugs may refuse, in its sole discretion and without liability to you, to grant you access to another person’s PHI if there is any doubt of your authorization to access such PHI or if such individual has withdrawn their authorization for you to access their PHI. You may revoke your authorization for another person to access your PHI using the LD Rx App by visiting your pharmacist or regulated pharmacy technician to revoke your consent.

PROPRIETARY RIGHTS As between you and us, we own all Intellectual Property Rights in the LD Rx App, including the LD App Software and Our Content.

INDEMNITY You agree to indemnify, defend and hold harmless London Drugs and our affiliates, and all officers, directors, employees, service providers, agents, employees and contractors thereof (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including reasonable attorneys’ fees, incurred by or asserted against any Indemnified Party in connection with any claim arising out of your use of the LD Rx App or any breach by you or any user of your account of these Terms, including any representation or warranty herein.

DISCLAIMER You agree to assume all responsibility and risk for your use of and any reliance on the LD Rx App and the PHI (or other content) shown on or accessed through the LD Rx App. The LD Rx App, Our Content and any PHI shown on the LD Rx App are provided “as is” without any representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Without limitation of the foregoing, we make no representations or warranties that the LD Rx App shall be uninterrupted or error-free. Any content included on the LD Rx App, including your PHI, is provided for convenience or informational purposes only. You agree that London Drugs is not liable in any way for the completeness, integrity, accuracy, quality and timeliness of any PHI (or other available content) in the form shown on the LD Rx App. You may not use or rely on the LD Rx App where personal injury, death or property damage may occur.

LIMITATION OF LIABILITY In no event shall we or any of the Indemnified Parties be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the LD Rx App.

MISCELLANEOUS

(a) Termination. The provisions of these Terms which by their nature continue shall survive termination of these Terms, except for the above grant of license. Upon termination, you will no longer have access to the LD Rx App and your account(s) and user profile(s) will be deleted by London Drugs. Termination will not in any way affect the PHI maintained at any London Drugs pharmacy, to the extent such records are maintained by London Drugs in its capacity as a pharmacy independent of this LD Rx App.

(b) Entire Agreement. These Terms represent the entire agreement between you and us with respect to the LD Rx App, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written.

(c) Assignment and Waiver. We may, in our sole discretion, assign, transfer, or subcontract any of our rights and obligations under these Terms to a third party, including a service provider who may assist us in operating or managing the LD Rx App or any functions or services contemplated by the LD Rx App. London Drugs will be responsible to ensure that any such service provider adheres to these Terms and our Privacy & Security policies. You may not assign or sublicense any of these Terms. No waiver of any right or obligation of either party shall be effective unless in writing, executed by the party against whom it is being enforced.

(e) Law and Jurisdiction. These Terms shall be governed by the laws of British Columbia and to the extent applicable, the laws of Canada, without regard to conflict of laws rules. You agree to have any action or dispute that may arise in connection with the LD Rx App resolved exclusively within the jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia. Neither party will seek to have any action or dispute heard as a class action, without the advance written consent of the other party.

(f) Equitable Relief. In addition to money damages, we shall be entitled to seek equitable relief where appropriate, if you breach any of these Terms.

(g) Severability. The terms and conditions of these Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent.

(h) Construction. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. Words such as “include” or “including” herein mean “include without limitation” or “including without limitation,” respectively.

(i) Notices. Notices to us shall be sent by email to privacy@londondrugs.com or by Canada Post or by reputable courier service to London Drugs Limited, 12831 Horseshoe Place, Richmond, BC V7A 4X5 Attn: Chief Privacy Officer. Notice to you will be sent by way of in-app message or to the email address provided as part of your account profile.

DEFINED TERMS

(a) “Intellectual Property Rights” means, collectively, all trademarks, service marks, trade dress, logos, copyrights and rights of authorship; all applications, registrations; all database rights, moral rights, rights of publicity and privacy, trade secrets, know-how and rights under unfair competition and unfair trade practices laws; and all other worldwide intellectual and industrial property rights related thereto.

(b) “PHI” means the information supplied by you, or by an authorized user on your behalf, to the LD Rx App, or information about you contained in any London Drugs pharmacy database, which may include your name, date of birth, personal health number, prescription number, prescription drug name, prescription drug dosage, doctor’s name, prescription refill availability, prescription refill requests and prescription refill history.

(c) “Our Content” means any images, graphics, data, text, content, prescription information or other materials provided by us by means of LD Rx App for use in connection with a prescription refill request, prescription transfer request or review of historical prescription information including dosage information, drug names and descriptions or other functionality or services included as part of the LD Rx App from time to time. Our Content does not include prescription information in the form that it may subsist in outside of the LD Rx App, whether maintained by a London Drugs pharmacy, you or another third party source.

(d) “LD Rx App” means the executable code version of a software application provided by us for your use with certain mobile and other computing devices in connection with the Purpose and which includes: (i) pharmacy dispensary connection software; (ii) the LD App Software; (iii) any associated documentation and services furnished by us; (iv) any of Our Content; and (v) any updates, upgrades, versions, or modifications we may furnish from time to time in our sole discretion.

Last Revised: February 26, 2020