Conditions of Use
These Conditions of Use (the “Conditions of Use”), including when applicable, the Privacy Protection Policy, the Conditions Applicable to On-line Purchases, the Terms and Conditions of Use of the Health Record and the Ratings and Reviews Conditions of Use, constitute the entire agreement between the Jean Coutu Group (as hereinafter defined) on the one hand, and the Website (as hereinafter defined) user (the “User”), on the other hand, as to the terms and conditions of use of the website www.jeancoutu.com and the “Jean Coutu” mobile application, and all content available on such website and/or such mobile application (collectively, the “Website”) which are owned and operated by The Jean Coutu Group (PJC) inc. (“JCG”). This agreement takes effect immediately and for an indefinite period of time upon the entering on the Website by the User.
By using the Website, the User recognizes and accepts all the terms and conditions which are reproduced in this agreement. JCG shall have sole discretionary powers to modify the Conditions of Use without notice. It is suggested to the User to reread the Conditions of Use from time to time in the event that these have been modified.
All the stores operating under the different “Jean Coutu” brands (the “PJC Jean Coutu stores”) are owned and operated by franchisees in accordance to a franchise agreement with JCG.
Unless otherwise stated, all the references to “Jean Coutu Group” in these Conditions of Use or the Website refers to JCG or the PJC Jean Coutu stores or both, depending on the context. All the references to “we” or “our” designate JCG or the PJC Jean Coutu stores or both, depending on the context.
The Website is the official Jean Coutu Group website. No other website that could claim to represent the Jean Coutu Group is authorized to do so and the Jean Coutu Group shall not be held liable in any way for such website.
The contents of the 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 the 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. Always seek the advice of a health care professional. All instructions appearing on the packaging of products offered, shown, sold, discussed, referenced or otherwise described on the Website must be read carefully and fully complied with. The User must trust the advice of the health professional that he/she consults. The User must always seek the advice of a health care professional, or other qualified health care provider properly licensed to practice medicine or general health care in the User’s jurisdiction, concerning any questions the User may have regarding any information obtained from the Website and any medical conditions the User believes may be relevant to him/her or to someone else. In particular, please consult with a doctor to see if any product offered, shown, sold, discussed, referenced or otherwise described on the Website is appropriate for the User. The User must never disregard professional medical advice or delay in seeking it because of something the User has read on the Website which is not directed at their personal care by a properly qualified and licensed health care provider. Always consult with a health care professional or other qualified health care provider before embarking on a new treatment, diet or fitness program. Information contained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. All information provided on the Website are provided for general and illustrative purposes only, and are not intended to be a substitute for medical advice. The User should not act or abstain from acting based on any information provided by the Website. In particular, the User should not use the information contained herein for diagnosing or treating a health problem or disease. Reliance on any information on the Website is solely at the User’s own risk. The Website is not appropriate for the diagnosis or treatment of emergency medical situations of any kind. If the User has a medical emergency, they must call a health care professional, qualified health care provider or their local emergency services immediately. Under no circumstances should the User attempt self-treatment based on anything they have seen or read on the Website. Without limitation, the Jean Coutu Group or Jean Coutu Representatives (as hereinafter defined) shall not be liable for any personal injury, including death, caused by the User’s use or misuse of the Website.
The Jean Coutu Group does not guarantee the availability of the Website and reserves the right to terminate, change, suspend or discontinue any aspect of the Website at its sole discretion and without notice. JCG reserves the right to block the access to the Website to any User without notice and without the need to provide any explanation. JCG may control the access and use of the Website. The Website is accessible “as-is” and as available and cannot be modified by the User.
Not applicable to Quebec consumers: the Jean Coutu Group shall not be responsible for any damages or injury resulting from the termination, change, suspension, or discontinuance of any aspect of the Website.
The use of terms such as “including” or “include” means “including, without limitation” or “include, without limitation”, respectively
The User may not:
include any content of the Website in or with any product or service that the User creates or distributes;
copy any content of the Website onto the User’s own or any other website;
use the Website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Website, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Website (including uploading, posting or otherwise transmitting on the Website computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Website’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Website or the content of the Website in whole or in part);
use the Website or the content of the Website in any manner that infringes upon the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights), that is unlawful, that violates any right of Jean Coutu Group, its partners, licensors, content providers, service providers or contractors, that is prohibited in the Conditions of Use (including by accessing the Website from any location where such access may be illegal or prohibited), that is unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), that is otherwise objectionable or which does not respect the legal rights and interests of others;
use the Website or the content of the Website in any data matching or data mining, including the collection or use of information about other users (including their e-mail addresses) without their prior consent;
post or submit any materials to the Website which would violate any of the restrictions set out in the Conditions of Use;
use the Website for commercial purposes or activities, except for entering into commercial transactions with Jean Coutu Group, including: (A) selling or offering to sell any goods or services; (B) soliciting for advertisers or sponsors; (C) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to any person; (D) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; (E) soliciting for donations; or (F) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
use the Website in any manner that may: (A) harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (B) dilute or depreciate the name and reputation of Jean Coutu Group, any Marks (as defined herein), partners, licensors, content providers, service providers or contractors thereof, as applicable; (C) interfere with any other persons’ use and enjoyment of the Web Sites or of the Internet generally; (D) result in the circumvention or breach of any user authentication, password, security or control measures regarding the Web Sites or any other Internet resource or computer system; (E) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person; or (F) disclose images of any person or private information about any person (such as names, telephone numbers, e-mail addresses, postal addresses, social insurance or other security number) without that person’s permission; or
“mirror” any content of the Website on any other server.
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 trade-marks, registered or not, and are the exclusive property of JCG or used in accordance to a license agreement. The trade-marks 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 JCG.
The Website and its entire content are protected by copyright. Certain names, words, titles, phrases, logos, icons, graphics or designs in the Website constitute trade-marks, trade-names, trade dress and/or associated products and services of Jean Coutu Group, its partners, any licensor, content provider, service provider or contractor or any other third party (collectively the “Marks”) and may be protected in Canada and their display on the Website does not convey or create any licence or other rights in the Marks. The User may not, without the written consent of JCG, reproduce, copy, publish, send, communicate or use in any manner the material, the information and/or the trade-marks displayed on the Website. The User is granted a non-exclusive, non-transferable, non-sub-licensable, revocable, and limited license to copy, download, display on his/her computer, print, and use the content of the Website only for informational purposes and solely for the User’s own personal use. Except as provided herein, no other use is permitted and none of the content of the Website may be copied, resold, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of JCG or the intellectual property right owner.
Some of the products appearing on the Website, more particularly the dietary supplements, may not have been approved by Health Canada or any other governmental bodies.
Not applicable to Quebec consumers: To the extent permitted by law, 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.
The products offered on the Website, their prices and their availability may differ depending on the PJC Jean Coutu store, the region or whether they are sold by JCG on its Website.
Furthermore, the PJC Jean Coutu stores are not held to offer the products, the promotions or to adjust their prices according to what may be displayed on the 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, HST, 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. 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.
AUTOMATIC COLLECTION OF TECHNICAL INFORMATION
JCG may automatically collect certain technical information in connection with the User’s visits to the Website, including the name of the Internet search engine that he/she used to arrive at the Website, the domain name of his/her Internet provider, as well as the type of operating system that he/she uses. However, such information is not identifiable to the User and does not constitute Personal Information (as defined in the Privacy Protection Policy).
The Website may place and access cookies when the User visit the Website. A cookie is a small data file that websites commonly write to a computer. Cookies are unable to identify the User 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 located on the User’s computer. The User may choose to set his/her Internet browser to reject cookies if he/she desires.
JCG uses such technical information to improve the Website, for example by enhancing pages or features that are visited frequently, and on occasion it may share this information with its affiliates or other third party companies to provide them with an indication of the amount of interest in the Website for advertising purposes and to help planning for technical improvements.
CONFIDENTIALITY AND PRIVACY
The User recognizes that the Privacy Protection Policy, which is incorporated by reference with the necessary adaptations into these Conditions of Use, applies to any material or information that he sends via the Website. The User agrees to not assert any ownership right of any kind in such communications (including copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and User hereby waives such moral rights as well as the right to receive any financial or other consideration in connection with such communication.
JCG shall not willingly use the name and address of a User without his/her consent, except according to the Privacy Protection Policy. All information that JCG may collect via the Website about the User during his/her visit is subject to the Personal Information Protection Policy.
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 shall 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.
ACCOUNT AND PASSWORD
The User is responsible for maintaining the confidentiality of User’s account information, including User’s password, in respect of any account on the Website. The User is responsible for all uses of the User’s registered account(s), whether or not actually or expressly authorized by the User.
The User is responsible for verifying and maintaining the protection, security, and distribution of the User’s account information, including account numbers, user names, and passwords.
Not applicable to Quebec consumers: All liability relating to password management resides with the User and under no circumstances, including negligence or misconduct, shall Jean Coutu Group or any Jean Coutu Representative (hereinafter defined) be liable for any damages that result from the use of the User’s account.
All information that the User provides through the Website in form whatsoever must be true, accurate, current and complete, and where applicable, must be updated by the User promptly upon the occurrence of any change in such information.
Jean Coutu Group and its service providers will rely on the information the User provides. User will be responsible for any and all loss, damage, or additional costs that the User, Jean Coutu Group or its service providers or others may incur as a result of the User’s submission of any false, incorrect or incomplete information or the User’s failure to update his/her registration or other information that he/she submits via the Website.
Purchases made via the Website are subject to the Conditions Applicable to On-line Purchases, which are incorporated by reference with the necessary adaptations into the Conditions of Use.
To the extent permitted by law, the Website and the content of the Website is provided “as-is” and as available. To the extent permitted by law, the Jean Coutu Group, its officers, directors, employees, licensors, content providers, service providers, representatives, and agents (collectively, “Jean Coutu Representatives”) make no, and expressly disclaim all, representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, and offer no guarantee and cannot offer any guarantee regarding the Website or the content of the Website, including: (i) any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade; (ii) that the Website or the content of the Website will meet the User’s requirements or will be compatible with User’s computer or related equipment or software; (iii) that the Website or the content of the Website is accurate, valid, reliable, authentic, current, or complete; or (iv) that the Website will continue to operate, operate without interruptions or be error-free. 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 the Website.
Not applicable to Quebec consumers: To the extent permitted by law, the Jean Coutu Group and the Jean Coutu Representatives disclaim all liability regarding any damage or injury a User may incur resulting from the use of the above-mentioned information.
Jean Coutu Representatives make no representation or warranty that the Website or its content is appropriate or available for use at any location. Accessing the Website where its content is illegal is prohibited. Those who choose to access the Website from locations other than Canada do so on their own initiative and are responsible for compliance with local laws.
In addition, none of the information on the 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 or the services advertised on the 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 the Website.
By visiting the Website, the User acknowledges and agrees that he/she does so at his/her own risk. Under no circumstance shall the Jean Coutu Group or Jean Coutu Representatives be held liable for any damage or prejudice that the User could incur while using the Website, including 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. The User agrees that Jean Coutu Group or Jean Coutu Representatives shall not have any responsibility or liability in connection with the Website or the content of the Website to the User or any other person or entity for any loss or damage whatsoever, incidental, indirect, punitive, exemplary, consequential or special damages (including damages for pain and suffering, emotional distress or similar damages, harm to business or reputation, loss of information or programs or data, loss of profit, loss of revenue or income, loss of salary or other compensation from employment), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, the Website or the content of the Website, any content of any linked site, or failure of such sites, (including any damages suffered as a result of omissions or inaccuracies in such sites or content, or the transmission of confidential or sensitive information to or from such sites) even if the Jean Coutu Group or any Jean Coutu Representatives have been advised of the possibility of such damages or loss or if such damage or loss was foreseeable.
Not applicable to Quebec consumers : To the extent permitted by law, the User accepts to compensate the Jean Coutu Group, its officers, directors or employees for any improper use of the 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. 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 the Website and no damage whatsoever shall be paid to the User.
The Website may contain or have been developed with open-source software and be subject to licences such as MIT, Apache or otherwise. The MIT licence (http://opensource.org/licenses/MIT) applies, without limitation, to the following: JASidePanels v1.0, Copyright (c) 2012 Jesse Andersen; ModernHTTPClient v 1.1.0, Copyright (c) 2013 Paul Betts; AFNetworking v 1.3.3, Copyright (c) 2011 Gowalla (http://afnetworking.com/); and Json.Net v 4.5.1, Copyright (c) 2007 James Newton-King. The Apache 2.0 licence (http://www.apache.org/licenses/LICENSE-2.0) applies, without limitation, to the following: PagerSlidingTabStrip, Copyright (c) Andreas Stuetz and ZXing.Net.Mobile v1.4.7, Copyright (c) Jonathan Dick.
JURISDICTION AND GOVERNING LAW
The Conditions of Use and the content of the Website are governed by the laws of the Province of Quebec. Any litigation will be submitted to a competent Quebec court.
Should any specific provision of the Conditions of Use be found to be unenforceable by a court of 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.
The provisions of the Conditions of Use will enure to the benefit of and be binding upon Jean Coutu Group and any service providers, as applicable, and their respective successors and assigns, and the User and the User’s heirs, executors, administrators, successors and personal representatives. The User may not assign the Conditions of Use or the User’s rights and obligations under the Conditions of Use without the express written consent of JCG, which may be withheld in its sole discretion. The Jean Coutu Group and its service providers may assign these terms and conditions and their respective rights and obligations under these terms and conditions without the User’s consent.
Last revision: January 2019