CONDITIONS ASSOCIATED TO USE

The following, as well as the Personal Information Protection Policy (hereinafter defined), constitute an agreement between The Jean Coutu Group (PJC) Inc. as well as the PJC Jean Coutu stores (“Jean Coutu Group”) on the one hand, and the website user, on the other hand, as to the terms and conditions of use of the website www.jeancoutu.com (the “Website”) which is operated by the Jean Coutu Group. This agreement takes effect immediately and for an indefinite period of time upon the entering on this Website by the user (the “User”).

By using this Website, the User recognizes and accepts all the terms and conditions of the Website (the “Conditions of Use”) which are reproduced in this agreement. The Jean Coutu Group shall have sole discretionary powers to modify the Conditions of Use without notice. The Jean Coutu Group suggests to the User to reread the Conditions of Use from time to time in the event that these have been modified.

GENERAL INFORMATION

This Website is the official Jean Coutu Group Website. No other website that could claim to represent the Jean Coutu Group is authorized and the Jean Coutu Group shall not be held liable in any way for such websites.

The contents of this Website are provided for reference purposes only and the information found therein shall not be deemed a sufficient basis for conducting transactions and/or taking decisions of any nature. The information appearing on this Website cannot be substituted for the advice of a doctor, pharmacist or any other health professional and must not be used to self-prescribe drugs or to diagnose a health condition. All instructions appearing on the packaging of the products must be read carefully and fully complied with. The User must trust the advice of the health professional that he/she consults.

To obtain any information on the products offered on this Website, the User should contact his/her PJC Jean Coutu store.

The Jean Coutu Group does not guarantee the availability of the Website and reserves the right to close it down at any time and without notice. The Jean Coutu Group shall not be responsible for any damages or injury resulting from the closing down of the Website. The Jean Coutu Group reserves the right to block the access to this Website to any User without notice and without the need to provide any justification. The Jean Coutu Group may control the access and use of this Website. This Website is accessible “as is” and cannot be modified by the User.

TRADEMARKS AND COPYRIGHTS

The names “Jean Coutu”, “PJC”, “Personnelle” and all logos, icons or other designations related to the Jean Coutu Group and displayed on the Website are trademarks, registered or not, and are the exclusive property of the Jean Coutu Group or used in accordance to a license agreement. The trademarks listed above are provided by way of example and such an enumeration shall not be interpreted in such a manner as to exclude any other trademarks currently owned or that will be owned in the future by the Jean Coutu Group.

This Website and its entire content are protected by copyright. No User of this Website may, without the written consent of the Jean Coutu Group, reproduce, copy, publish, send, communicate or use in any manner the material, the information and/or the trademarks displayed on this Website.

PRODUCTS

Some of the products appearing on this Website, more particularly the dietary supplements, may not have been approved by Health Canada or any other governmental bodies. The Jean Coutu Group shall not be held responsible in any way if a User consumes such products to prevent, diagnose or treat a specific medical condition.

No information appearing on the Website may be interpreted by the User as an approval by the Jean Coutu Group of such products or as an association of whatever nature between the Jean Coutu Group and these products; in addition, no such approval and/or association may be inferred.

PRICING POLICY

The Jean Coutu Group takes all the necessary actions to ensure that the prices displayed on the Website are identical to those prices displayed in the PJC Jean Coutu stores. However, the products offered on this Website, their prices and their availability may differ depending on the PJC Jean Coutu store or the region.

Furthermore the PJC Jean Coutu stores are not held to offer the products on promotion or to adjust their prices according to the specials shown on this Website.

The prices and the availability of products may change without notice. Although the Jean Coutu Group strives to avoid errors on the Website, misprints, illustration or price errors may occur. In such instances, the Jean Coutu Group reserves the right to make any required correction and will not be held liable for such errors.

All the prices displayed on the Website are expressed in Canadian currency and unless indications to the contrary, delivery charges and applicable taxes are not included (GST, QST, PST or TVH).

LINKS WITH OTHER WEBSITES

In its effort to offer the User the widest range of information, the Jean Coutu Group may require assistance from third parties. For example, market quotes on the Jean Coutu Group stock are provided by a website independent of the Website. By way of consequence, the Jean Coutu Group assumes no responsibility and cannot guarantee the accuracy, timelines or completeness of information originating from a third party.

Furthermore it should not be inferred that access to a third party website from the Website is an approval or an endorsement of the contents of the third party website by the Jean Coutu Group. The Jean Coutu Group disclaims all responsibility regarding the contents of third party websites and the information provided by these.

At any time, the User may determine whether or not he/she has accessed the Website or a third party website by verifying the URL address at the top of the screen.

CONFIDENTIALITY

The User recognizes that any material or information sent via this Website becomes the sole property of the Jean Coutu Group and consents that the Jean Coutu Group uses this information.

The Jean Coutu Group shall not willingly use the name and address of a User without his/her consent, except according to the Personal Information Protection Policy.

The Jean Coutu Group makes no representation and offers no guarantees as to the confidentiality of the Internet system and/or the electronic mail.

PRESCRIPTION REFILL

The Website allows the User to send to a PJC Jean Coutu store a prescription refill request. The pharmacist on duty in the selected PJC Jean Coutu store is at all times responsible for the filling of the prescription of the User. The Jean Coutu Group may not be held liable for the professional work of the pharmacist. The User should not hesitate to consult his/her pharmacist when looking for information concerning a drug.

LIABILITY DISCLAIMER

Although the Jean Coutu Group strives to update and ensure the accuracy of the information on the Website, errors and omissions can occur.

The Jean Coutu Group, its officers, directors, employees or agents make no representation or offer no guarantee regarding the reliability of the information on this Website and disclaim all liability regarding any damage or injury a User may incur resulting from the use of such information. By way of consequence, the User understands and recognizes that he/she must verify all information before making a decision with respect to the information provided on this Website.

In addition, none of the information on this Website is intended to be a declaration, a guarantee or an advice of a medical, legal, financial or investment nature. For any advice, the User must contact a qualified professional.

The products advertised on this Website may not be available in the area of the User and the Jean Coutu Group makes no representation on the availability of the products offered on this Website. The User must consult his/her PJC Jean Coutu store for further information on the availability of products.

By visiting this Website, the User acknowledges and agrees that he/she does so at his/her own risk. Under no circumstance shall the Jean Coutu Group be held liable for any damage or prejudice that the User could incur while using this Website, including without limitation, the presence of any virus or similar destructive agent that may have infected the Website, regardless if the Jean Coutu Group had or could have had prior knowledge of such a risk.

LITIGATION

The Conditions of Use and the contents of the Website are governed by the laws of the Province of Quebec. Any litigation will be submitted to a competent Quebec court in the judicial district of Longueuil.

Should any specific provision of the Conditions of Use be found to be unenforceable by a competent jurisdiction, this will not in any way affect the spirit and the scope of the Conditions of Use, the remainder of which shall continue to be binding.

Should the Jean Coutu Group fail to exercise one of its rights, this will not be construed as a renunciation for the future to this right or to any of the provisions of the Conditions of Use.

RECOURSE

The User expressly acknowledges and agrees that the Jean Coutu Group, its officers, directors, employees or agents cannot in any way be prosecuted for damages incurred by the User as a result of using this Website and no damage whatsoever shall be paid to the User. In addition the User accepts to compensate the Jean Coutu Group, its officers, directors or employees for any improper use of this Website and any breach to the Conditions of Use. Should the User incur any prejudice or be in disagreement in any manner whatsoever with the Conditions of Use, the User should exit the Website immediately.

CONCLUSION

By using the Website, the User acknowledges and agrees to the Conditions of Use and accepts their scope. Therefore the User assumes any and all liability related to the use of this Website and expressly agrees that the Jean Coutu Group shall be free of any and all liability related to the use of this Website.

PERSONAL INFORMATION PROTECTION POLICY

INTRODUCTION

The protection of privacy and the preservation of the confidentiality of personal information have always been a priority of the Jean Coutu Group.

This personal information protection policy (the “Personal Information Protection Policy”) aims at defining the commitment of the Jean Coutu Group to the protection of privacy as well as to explain how the Jean Coutu Group ensures that the personal information obtained from the customers of the PJC Jean Coutu stores (the “Customers”) remains confidential.

SCOPE OF THE PERSONAL INFORMATION PROTECTION POLICY

The Personal Information Protection Policy governs the collection, use and communication of personal information of the Customers (the “Personal Information”) and does not apply to information that does not constitute « personal information » as defined by the laws governing the protection of privacy.

COLLECTION OF THE PERSONAL INFORMATION

The Jean Coutu Group may ask Personal Information in various situations, such as when Customers:

• purchase, order, return or exchange a product;
• ask information with respect to a product;
• enter a contest or complete a survey; and/or
• send the Jean Coutu Group some comments and/or suggestions.

OBJECTIVES PURSUED BY THE COLLECTION OF PERSONAL INFORMATION

The Jean Coutu Group collects Personal Information for the following purposes:

• send information and offers about products;
• understand and analyse Customers’ replies, needs and preferences;
• elaborate, improve, commercialize and offer products and services that meet Customers’ needs; and/or
• allow Customers to enter promotions and contests organized by the Jean Coutu Group.

AUTOMATIC COLLECTION OF INFORMATION (COOKIES)

The Jean Coutu Group may automatically collect non-identifiable information, more specifically the name of the Internet search engine used by the Customer, the domain name of his/her Internet provider, as well as the type of operating system that is used.

The Jean Coutu Group uses an option on the Internet search engine of the Customer designated under the name “cookies” which holds the information sent by the server of the Jean Coutu Group to the search engine of the Customer when a Customer accesses the Website.

Cookies are unable to identify the Customers and do not communicate any Personal Information to the Jean Coutu Group. Moreover, cookies do not have the capacity to collect other types of information which is located on the hard disk of the Customer.

The Customer may modify the parameters of his/her search engine so that it will refuse the installation of cookies by the Jean Coutu Group.

USE OF THE PERSONAL INFORMATION

The Personal Information shall be used solely for purposes specified in this Personal Information Protection Policy. The Jean Coutu Group shall not give, sell or lease the Personal Information to any company or person other than those entities affiliated to the Jean Coutu Group and/or mandated by the Jean Coutu Group for the purposes associated to the management of the Personal Information and of any other type of information, and the Website.

Only the employees of the Purchasing, Advertising and Merchandising departments and the Internet Customer Service, as well as of the Information Technology department of the Jean Coutu Group have access to the Personal Information.

LOCATION OF THE FILES CONTAINING PERSONAL INFORMATION, ACCESS, MODIFICATION AND WITHDRAWAL

The Personal Information is processed and backed up in confidential and secured data banks located at the Rx Information Center Ltd in Longueuil, Québec.

At all times, any Customer who wishes to access his/her Personal Information or have it corrected may do so on the Website by opening a session to access the “user” interface. The Customer may also submit a written request to this effect to the Jean Coutu Group at one of the following addresses:

si la demande est transmise par courriel : serviceclienteleinternet@jeancoutu.com

-or-

if the request is sent by mail:
The Jean Coutu Group (PJC) inc.
Attention of: Internet Customer Service
530, Bériault Street
Longueuil, Québec J4G 1S8

At all times, the Customer who no longer wishes to receive electronic marketing or promotional messages from the Jean Coutu Group may forward his/her request in writing to one of the addresses designated at the previous paragraph or by phone at 450-646-9760.

CONSENT OF CUSTOMERS

By providing the Personal Information and other type of information to the Jean Coutu Group, the Customer recognizes that he/she has consented, expressly, freely and in full awareness to the collection, communication and use of his/her Personal Information by the Jean Coutu Group for the purposes specified in the Personal Information Protection Policy.

The Jean Coutu Group wishes you: Happy surfing!

The parties expressly require that this agreement be drawn up in the English language.