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These Terms and Conditions (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, or “user”) and Instalocum, along with its agents, assigns, and affiliates ("Company", “Instalocum”, “we”, “us”, or “our”), concerning your access to and use of the https://instalocum.com/en website as well as any other media form, media channel, mobile website or our mobile application (https://get.instalocum.com/app) related, linked, or otherwise connected thereto which is controlled by Instalocum (collectively, the “Site”) and your access and use of our site, our mobile app, and our Services, that may be accessed by, any mobile or computing device you own or control in connection with our Relief Work Services (collectively, the “Services”). You agree that by downloading the App, and/or accessing the Site, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE AND YOU SHOULD ALSO UNINSTALL OUR APP IMMEDIATELY. You may not use or access the Services unless, and by accessing the Services you represent and warrant that, you (1) if an individual, are at least 18 years of age, (2) are a licensed pharmacist, certified pharmacy technician, licensed pharmacy assistant, or an intern who satisfies all legal and regulatory requirements, (3) have not at any time breached a contract with Instalocum, and (4) accept and agree to be bound by these Terms. These Terms together with our Privacy Policy constitute the entire agreement between you and us, regarding your access to, and use of, the Site, the App, and any Relief Work Services. Supplemental terms and conditions or documents that may be posted on the Site and/or incorporated in our App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site and/or the App after the date such revised Terms are posted. The information provided on the Site and/or the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site and/or the App from other locations do so on their own initiative and are
Instalocum’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with the Site and/or the App, and our Services. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and/or the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site and/or on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and/or the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site and/or the App, you are granted a limited, revocable, non- exclusive, and non-transferable license to access and use the Site and/or the App in accordance with these Terms. We reserve all rights not expressly granted to you in and to the Site and/or the App, the Content and the Marks.
By using the Site and/or the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site and/or the App through automated or non¬human means, whether through a bot, script or otherwise; (6) you will not use the Site and/or the App for any illegal or unauthorized purpose; and (7) your use of the Site and/or the App will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, or otherwise breach any of the above representations or warranties, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and/or the App (or any portion thereof).
Pharmacy. If you're a pharmacy, you agree to reimburse us the costs for the relief work services (referred to as "Relief Shift Fees") that a technician or pharmacist books through your account and which include an administrative fee (described below) for each relief shift scheduled through the Instalocum Platform. The applicable hourly rate for relief work services rendered by a technician or pharmacist is included in the relief shift fees, together with any applicable local taxes. You consent to pay Instalocum an amount based on each Relief Shift booked by you through the Instalocum Platform (the "Administrative Fee") in exchange for Instalocum allowing you to book Relief Shifts through the Instalocum Platform. 15% of all Relief Shift Fees that you must pay for the scheduled Relief Shift will be the amount of the appropriate Administrative Fee. The Administrative Fee percentage may change at any moment at Instalocum's discretion, and Instalocum is not required to give you notice of such changes. After any such change, the user's continued use of the Instalocum Mobile App Platform will represent their approval to such. Pharmacist/ Technician. If you are a pharmacist or technician, we will reimburse you for any relief work services that you render and that you have accepted through your Instalocum Account by paying the appropriate relief shift fees. You hereby appoint Instalocum as your agent and expressly authorize it to collect on your behalf all fees for Relief Work from pharmacies. If the Relief Shift Fees change, we will make a reasonable attempt to let you know about it. However, if you use the Instalocum Platform after the change, it is assumed that you agree to the new Relief Shift Fees. If Instalocum has a good faith belief that you have attempted to defraud or abuse the Instalocum Platform or have broken the rules, we have the right to withhold all or a portion of the Relief Shift Fees due to you under this agreement. If you are authorized to collect sales tax in your jurisdiction, we will also pay you the necessary sales tax in addition to the relief shift fees. You are required to pay the sales tax that is included in all Payment of the Relief Work Fees you get from a pharmacy to the local sales tax collection agency as appropriate. However, we will only pay you Relief Shift Fees if you are a Pharmacist or Technician and are not registered to collect sales tax in your jurisdiction. In this scenario, we will pay any applicable sales tax that the Pharmacy has collected directly to the relevant governmental tax authority that is responsible for collecting sales tax in your jurisdiction. You guarantee to us that you will always give us accurate tax information. It is your obligation to find out whether you need to register to collect sales tax in your area. If you are unsure about your tax requirements, please get expert tax guidance.
We use a third party payment processing provider for the payment of all fees. You hereby give the Payment Processor permission to collect, use, and disclose your personal information for the aforementioned functions. You understand and agree that the Payment Processor may also collect your personal information and/or other information about you, and that the rules of the Payment Processor's privacy policy, if any, will apply to the collection and use of such information. You understand and accept that the sharing of your personal information to the Payment Processor will not subject us to any obligation to you. Even if the quality of the service is subpar, there will be no refund to the Pharmacy once a Relief Shift has been accepted and finished by a Pharmacist or Technician. However, following a relief shift, the pharmacy will have the option and right to rate the pharmacist or technician using the Instalocum Platform. After the pharmacy confirms the hours reported by the technician or pharmacist using the Instalocum Platform after the relief shift is complete, relief shift fees will be calculated and billed right away to the pharmacy's approved payment method. There are no refunds for any Charges.
Pharmacy. If you are a pharmacy, you may choose to end a relief shift at any time before it begins, but you will be charged the following cancellation fees:
A Relief Shift may be canceled at any time without a cancellation charge if it has been offered but you have not accepted a Pharmacist or Technician to fill it.
Pharmacist/Technician. Prior to the start of a Relief Shift, you may choose to cancel it; however, you will be charged the following cancellation fees:
In light of the foregoing, Users may be expelled from the Instalocum Platform at our discretion if they repeatedly cancel Relief Shifts or if we have cause to suspect that they are doing so in a way that compromises the integrity of the services offered through the Instalocum Platform.
No User will make an effort to directly or indirectly avoid the Administrative Fee by privately contracting with or accepting payment from another User with whom the User was connected through the Instalocum Platform outside the Instalocum Platform. Any User who we discover or think has broken this rule may be banned. Without the prior written consent of Instalocum, which consent will be subject to a fee payable to Instalocum, you will not accept or offer permanent, temporary, or contractual work or employment (whether permanent, relief, part-time, or full-time) to or from another User who you connected with via the Instalocum Platform (other than through the Instalocum Platform) for a period of 12 months after you last provided or received Relief Work Services to or from such User. You agree to pay a penalty charge of 15% for every dollar earned or anticipated to be earned as a result of such activity or employment if you do not receive Instalocum's prior written authorization as provided below.
You may not access or use the Site and/or the App for any purpose other than that for which we make the Site and/or the App available. As a user of the Site and/or the App, you agree not to:
The Site and/or the App may contain links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site and/or the App or any Third Party Content posted on, available through, or installed from the platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the App and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the App or relating to any services you use from the platform. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the services offered on Third Party Websites and you shall hold us harmless from any harm caused by your purchase of such services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.
We may allow advertisers to display their advertisements and other information in certain areas of the Site and/or the App, such as sidebar advertisements or banner advertisements. If you are an advertiser, by placing any ads on or with the Site and/or the App (whether directly or via a third party ad disseminator), you take full responsibility for any advertisements you place on the Site and/or the App and any services provided on the platform or services sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We have no other relationship with advertisers.
Instalocum provides all the information necessary to help the user to use the Relief Work Services and it is the sole responsibility of the User to contact [email protected] in case of technical problems. We reserve the right, but not the obligation, to: (1) monitor the Site and/or the App for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any services (if in our custody) or Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site and/or the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and/or the App.
We care about data privacy and security. Please review our Privacy Policy. By using the Site and/or the App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the platform is hosted in Canada. If you access the Site and/or the App from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then you will be expressly-requested permission to transfer your data to Canada and us specifically as a “controller” (or equivalent), or, to the extent legally-enforceable, through your continued use of the Site and/or the App, you are thereby transferring your data to Canada, and you expressly consent to have your data transferred to and processed in Canada and to us in specific. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
These Terms shall remain in full force and effect while you use the Site and/or the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND/OR THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND/OR THE APP AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate
We reserve the right to change, modify, or remove the contents of the Site and/or the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our platform. We will not be liable to you or any third party for any modification or discontinuance of the platform. We cannot guarantee the Site and/or the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site and/or the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the platform during any downtime or discontinuance of the platform. Nothing in these Terms will be construed to obligate us to maintain and support the platform or to supply any corrections, updates, or releases in connection therewith.
These Terms and your use of the Site and/or the App are governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Arbitration Rules of Canada. Your arbitration fees and your share of arbitrator compensation shall be governed by the Consumer Rules and, where appropriate, limited by the Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online by a single arbitrator appointed in accordance with the then-current rules. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the platform that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the platform at any time, without prior notice.
THE SITE AND/OR THE APP IS PROVIDED ON AN AS¬IS AND AS¬AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, STORED, SHARED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD¬PARTY PROVIDERS OF SERVICES. AS WITH THE USE OF A SERVICE OR TRANSFER OF ANY CONTENT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Instalocum, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, (including reasonable attorneys’ fees and expenses), made by any third party due to, arising out of, or in connection with: (1) your use of the Site and/or the App; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any malfunction, damage or disruption to any network channel, or (6) any harmful act toward any other user of the platform with whom you connected via the Site and/or the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
These Terms and any policies or operating rules posted by us on the Site and/or the App or in respect to the platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site and/or the App. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Site and/or the App or to receive further information regarding use of the Site and/or the App, please email us at [email protected]. We will strive to review and respond to all requests as soon as possible.
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