Terms of Use

The website, www.pharmacistmatch.com, (the “Website”) and any and all services offered thereon (collectively, the “Services”) are owned and operated by HK Business Solution, and is subject to the following Terms of Use (hereinafter the “Agreement”). This Agreement also specifically incorporates by reference the Website Privacy Policy, available at the following link: [live link to Privacy Policy].

1. INTERPRETATION:
The following words and phrases have the following meanings in this Agreement:“Pharmacist Match”, “HK Business Solution”, “Company”, “us”, “we”, “our” and other first-person pronouns refers to HK Business Solutions Inc.
“Pharmacist” refers to a User (as defined hereafter) who is a pharmacist that is licensed to practice in the jurisdiction in which the Services are being provided.
“Pharmacy” refers to a User who owns or operates a pharmacy licensed to operate in the jurisdiction in which the Services are being provided.
“You” or “User” refers to you, as a passive or active visitor to the Website, or as a user of any of the Services. If you represent any legal entity, such as a company, you warrant that you have all required legal authority to bind that legal entity to this Agreement. In that case, “you” or “User” will refer to the legal entity that you represent.The singular of any term includes the plural, and vice versa as the context requires.

2. USE, ACCEPTANCE AND AMENDMENTS:
By vising the Website or using the Services, you warrant that you have read and reviewed this Agreement and that you agree to be bound by its terms. We reserve the right to change the terms of this Agreement at any time and without prior written notice, though we will make reasonable efforts to notify you of any such amendments, either by email, through notices posted on the Website, or both. Your continued use or accessing of the Services following any changes to the Agreement shall be deemed as acceptance of the change

3. AGE REQUIREMENT:
You must be at least 18 years of age to use the Website, and by using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.

4. SERVICES:
We offer a network if qualified and experienced Pharmacists seeking temporary employment positions with Pharmacies in your area. Our Services facilitate the connection between Pharmacies wishing to fill temporary job vacancies, and Pharmacists wishing to seek out and apply for temporary work positions.You acknowledge and agree that we do not offer recruitment services, and we are not licensed as a recruitment agency or firm. You acknowledge and agree that nothing contained in this Agreement shall be construed or regarded as creating any relationship between you and us, beyond our position as an independent service provider. We are in no way to be construed as an employer, contractor, agent, partner or joint venturer to any User, regardless of whether said User is a Pharmacist or a Pharmacy.
User Account: To access certain Services, you may be required to create a User Account with a valid email address, username, and password. You agree to keep your User Account login details confidential and secure, and you acknowledge and agree that you are solely responsible for the confidentiality of your User Account, and for all activity on your User Account even if, contrary to this Agreement, someone else uses your User Account.
Pricing: We reserve the right to amend or modify without notice the description of the Services we offer and their corresponding prices. This Agreement, nor any description, advertising, or price listing on the Website does not alter in any way the terms or conditions of any other agreement you may have with us or invoice that may be issued to you. In the event of a conflict, the invoice issued shall take precedence.
Pharmacists: As a Pharmacist, you represent and warrant that you are a licensed pharmacist in good standing, eligible to practice in the jurisdiction in which you are using the Services. You agree to provide us, at our reasonable request, verification of your licence in good standing. You will notify us immediately if there is any change to your licence status.
Pharmacies: As a Pharmacy, you represent and warrant that you operate a licenced Pharmacy in the jurisdiction in which you are using the Services, and you have and will maintain the full authority to operate a Pharmacy and employ Pharmacists in your jurisdiction. You agree to provide us, at our reasonable request, verification of your Pharmacy’s good standing. You will notify us immediately if there is any change to your status as a licenced Pharmacy.
All User Representations and Warranties: All Users represent and warrant that:you have and will maintain full authority to enter this Agreement and utilize the Services; your use of the Services will not breach any rule, agreement or law, or otherwise attract any liability or claim from a third party; andall information you provide us and all content you publish via your User Account is true and correct, and does not contain any libelous, defamatory, or otherwise dangerous remarks.

5. DISCLAIMER OF WARRANTY:
YYou agree that your use of the Services is solely at your own risk. You agree that the Services are provided on an “as is” and “as available” basis. This includes any Service features that we may presently offer or offer in the future, including but not limited to job matches, job or candidate suggestions, or other such recommendations. We shall not be responsible for monitoring or moderating any communications between Users. All Pharmacies are responsible for the assessment and vetting of a potential Pharmacist candidate on the Website, and all Pharmacists are responsible for assessing the validity, viability or suitability of any job posting or offer made on the Website. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.

6. PROHIBITED USES:
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on any basis whatsoever, including but not limited to gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

7. INTELLECTUAL PROPERTY RIGHTS
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property, including, but not limited to, “Pharmacist Match” and related logos, and any other trademarks or service marks found on the Website. The Company’s intellectual property also includes a copyright in the entirety of the underlying Website. You agree that the Company owns all right, title, and interest in, and to, the Company’s intellectual property, and that you will not use the Company’s intellectual property for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company’s intellectual property in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company

8. REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a. scan or probe the underlying structure of the Services;
b. reverse engineer, or attempt to reverse engineer or disassemble, any code or software from or on Services;
c. violate the security of the Company and the Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, User, or network;
d. use bots, web crawlers, or any similar devices or online tools to access or index data from the Services;
e. attempt to disrupt the experience of other Users on the Services in any way;
f. disseminate any virus or other bad code which could harm the Services or the Company, or any device of any User, specifically including files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; org. undertake any action that imposes or may impose, in our sole and exclusive discretion, an unreasonable or disproportionately large load on the infrastructure of the Services.
Any violations of this clause will be grounds for immediate termination of this Agreement by the Company. Additionally, we hereby reserve all rights to pursue any and all legal actions for a violation of this clause, including the seeking of monetary and injunctive relief.

9. LINKS TO OTHER WEBSITES
The Company may display, include, or make available, third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. You are strongly advised to read the terms and policies of all Third-Party Materials.
If a third-party links to our Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not even aware that a third-party has linked to our Services. A website that links to our Services: (i) may link to, but not replicate, our content; (ii) may not create a browser, border environment or frame our content; (iii) may not imply that we are endorsing it or its products; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

10. GEOGRAPHIC RESTRICTIONS
The Company is based in Canada, offering services in Canada and the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of Canada or the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside of Canada or the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to you or any person which you are responsible for at law for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Company and its affiliates, officers, employees, agents, suppliers and licensors, relating to the Services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Company for the one (1) month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

12. INDEMNIFICATION
You agree to indemnify and hold the Company and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Website or Services or any willful misconduct on your part, including but not limited to any content you may directly or indirectly upload or publish on or through the Services.

13. SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

14. GENERAL PROVISIONS:
a. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language. The language of this Agreement as a whole is English. If this Agreement is translated into a version other than English, and conflicts arise between the two versions, the English language version will control.
b. JURISDICTION, VENUE AND CHOICE OF LAW: Through your use of the Services, you agree that the laws of the Province of British Columbia, Canada shall govern any matter or dispute relating to, or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its Conflict of Law provisions. In case any litigation specifically permitted under this Agreement is initiated, you agree to submit to the personal jurisdiction of the Province of British Columbia, Canada. You agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
c. ARBITRATION: In case of a dispute between the parties hereto relating to, or arising out of this Agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in British Columbia, Canada. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Canadian law. Each party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company, as well as claims by the Company arising under Article 10 (including, but not limited to, hacking, cyber mining, or security breaches), will not be subject to arbitration and may, as an exception to this subpart, be litigated. The parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
d. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors
e. NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
f. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
g. FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, pandemic or epidemic, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
h. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both parties under this Agreement, specifically including email and telephone. Additionally, all items posted on the Website are to be considered in full force and effect immediately upon posting, and you agree that any such postings satisfy any applicable legal requirements for agreements in writing. By registering with us, or by using the Services in any manner, you have created a commercial relationship with us. As such, you agree that any email or text sent from us or third-party affiliates, even unsolicited email, shall specifically not be considered SPAM, as that term is legally defined. For any questions or concerns, please email us at the address provided below.
i. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between you and us with respect to any and all use of the Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of the Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Services.
15. CONTACTING US
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@pharmacistmatch.com.