The information posted on the Personalized Prescribing Inc. (“Personalized Prescribing” or “Us” or “Our” Or “We”) website (the “Website”) and, the information and/or report that we provide as a result of tests performed by Us on samples submitted by you, is intended to educate, empower and encourage the public to take a more active and informed role in their health care.
YOUR USE OF THE WEBSITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR OUR SERVICES. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT firstname.lastname@example.org.
THE PERSONALIZED PRESCRIBING REPORT THAT WE PROVIDE IS INTENDED SOLELY FOR INFORMATIONAL PURPOSES ONLY TO YOUR HEALTHCARE PROFESSIONAL.
PERSONALIZED PRESCRIBING HEREBY DECLARES THAT WE DO NOT PROVIDE MEDICAL ADVICE OF ANY KIND. OUR ROLE IS STRICTLY A TOOL TO DOCTORS AND EDUCATIONAL IN NATURE.
DO NOT DISCONTINUE OR CHANGE ANY MEDICATIONS THAT WERE PRESCRIBED BY YOUR HEALTHCARE PROFESSIONAL. PLEASE CONSULT YOUR HEALTH CARE PROFESSIONAL BEFORE ACTING ON ANYTHING IN THE PERSONALIZED PRESCRIBING REPORT.
WHILE OUR TESTS WERE DEVELOPED BY SOME OF THE FOREMOST GENETIC SCIENTISTS IN CANADA, OUR GENETIC TESTING AND THE REPORTS ISSUED IN CONNECTION THEREWITH HAVE NOT BEEN APPROVED BY HEALTH CANADA. HEALTH CANADA DOES NOT REQUIRE APPROVAL FOR GENETIC TESTING.
At the point in time when a sample submitted by You reached Us, we will assign a unique identification number to such sample and, the Personalized Prescribing report, once completed, will be tagged with the unique identification number. Personalized Prescribing Inc. does not take any responsibility for errors or mix-ups in the submitted samples.
Personalized Prescribing is not responsible for damaged, tampered or otherwise unreadable samples resulting in inaccurate results.
You understand that Personalized Prescribing has the right, in its sole and absolute discretion, to reject a sample for any reason. If Personalized Prescribing does reject a sample, we will request a new sample from you. Any rejected sample will be destroyed. Personalized Prescribing is not required to advise you of the reason for rejection, and, other than requiring a new sample as outlined above, we are not liable in any manner whatsoever for any claims, damages, expenses resulting from the rejection.
All samples and DNA will be destroyed immediately after delivery of the test results to your doctor. Notwithstanding the foregoing, the information of your genetic code will be stored in Your Webpage, and you hereby appoint Personalized Prescribing as a custodian of your genetic and health data contained therein.
Genetics and the science of pharmacogenetics continue to evolve, and it is expected that the Personalized Prescribing database of validated drugs will increase with time. Personalized Prescribing will update your pharmacogenetic report at the update price from time to time, upon written request by you. New samples are not required.
Personalized Prescribing Report and Your Webpage
The Personalized Prescribing report can be accessed by your doctor at your webpage on our website (“Your Webpage”), using his/her login ID and password.
Once your Personalized Prescribing report is ready, we will post it on our webpage and we will send your doctor a notice that your report is ready. If the doctor is using our website for the first time, we will send him his password by email that you provided on the test application.
Doctors should immediately change their password and they should change their password from time to time. Doctors are solely responsible for keeping their password confidential, and should change such password from time to time in order to safeguard your personal information.
We may refuse to grant a doctor a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, or is otherwise offensive, or may cause confusion, as determined by us in our sole and absolute discretion.
Doctors must immediately notify Personalized Prescribing of any unauthorized use of their account or unauthorized access to any Webpage within their database.
If any of the information you provided Us changes, you should promptly notify us. We reserve the right, in our sole and absolute discretion, to terminate your doctor’s access to the Website, Your Webpage, or any services provided by Us if we have reason to believe that any information provided by you is inaccurate or incomplete, or you or your doctor have violated any of the terms contained herein.
Charges and Payments
There is no charge to the test or Personalized Prescribing report to eligible employees and dependents of participating employers.
Any charge for the test and Personalized Prescribing Report of non-eligible persons may be paid by a valid credit card accepted by Personalized Prescribing which you are authorized to use, PayPal, or mobile phone bill.
You hereby acknowledge that upon providing us with a sample and a credit card (or payment by PayPal or mobile phone bill) and having completed our test application, you are authorizing Personalized Prescribing to proceed to charge you the agreed-upon amount plus any applicable taxes.
Language of Services
All Personalized Prescribing Reports are provided exclusively in English, and any genetic counselling services are provided exclusively in English.
Trademark and Ownership
Personalized Prescribing or third parties granting rights to Personalized Prescribing hold all right, title, and interest in and to the materials on the Website, which are the copyrighted work of Personalized Prescribing or such third parties. Personalized Prescribing grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes as described in these terms and conditions. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these terms and conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Website or any materials and you agree not to “frame” or “mirror” the Website, any material contained on or accessible from the Website on any other server or Internet-based device without the advanced written authorization of Personalized Prescribing.
Hyperlinks from our website
The Website may be linked to other sites on the World Wide Web that are not under the control of or maintained by Personalized Prescribing. Such links do not constitute an endorsement by Personalized Prescribing of any such sites. You acknowledge that Personalized Prescribing is providing these links to you only as a convenience, and you agree that Personalized Prescribing is not responsible for the content or links displayed on such sites to which you may be linked.
THE WEBSITE, ITS CONTENT, YOUR WEBPAGE AND THE PERSONALIZED PRESCRIBING REPORT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR OWN RISK. PERSONALIZED PRESCRIBING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
PERSONALIZED PRESCRIBING DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE, YOUR WEBPAGE OR YOUR MYPERSONALIZED PRESCRIBING REPORT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
Limitation of Liability
PERSONALIZED PRESCRIBING ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE WEBSITE, YOUR WEBPAGE OR YOUR PERSONALIZED PRESCRIBING REPORT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS.
IN NO EVENT WILL PERSONALIZED PRESCRIBING, ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ITS SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
1. THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, YOUR WEBPAGE OR YOUR MYPERSONALIZED PRESCRIBING REPORT
2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, YOUR MYPERSONALIZED PRESCRIBING REPORT, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU AND PERSONALIZED PRESCRIBING;
3. LOSS OF OR DAMAGE TO YOUR SAMPLE;
4. THE STATEMENTS OR CONDUCT OF YOU OR ANY OTHER USER ON THE WEBSITE; OR
5. ANY OTHER MATTER RELATING TO OUR WEBSITE, YOUR WEBPAGE OR YOUR MYPERSONALIZED PRESCRIBING REPORT, OR THE SERVICES PROVIDED BY PERSONALIZED PRESCRIBING.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT PERSONALIZED PRESCRIBING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Personalized Prescribing controls and operates the Website from its Canadian head office and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in Canada. If you use this Website from outside Canada, you are entirely responsible for compliance with applicable local laws.
Personalized Prescribing Inc. is governed by Ontario law and the federal laws of Canada applicable therein, and as such any dispute or disagreement and the resolution of such dispute shall be in accordance with such laws. Any venue for resolution of a dispute shall take place in Toronto, Canada.
Personalized Prescribing may revise these terms and conditions at any time without notice by updating this posting. Your continued use of the Website after such modifications have been made will constitute your acceptance of such revised terms and conditions.