Terms of Service

Emergency Services (9-1-1)

This section contains important provisions regarding our 9-1-1 service. Please read it carefully.

Understanding Our VoIP 9-1-1 Service

VoIP services from PharmaTools allow you to make or receive telephone calls over the Internet. While similar to traditional telephone services, VoIP has unique characteristics, especially concerning 9-1-1 emergency services.

It is crucial that you understand these differences, particularly if you rely on our service as your primary telephone line. Emergency calls to 9-1-1 using our VoIP service are handled differently than traditional 9-1-1 calls.

Placing 9-1-1 Calls

When you dial 9-1-1, our E911 service will attempt to automatically route your call to the Public Safety Answering Point (PSAP) corresponding to the address of record in your account. However, due to the nature of VoIP, your call might be routed differently than a traditional 9-1-1 call.

For instance, your call may be directed to a specialized third-party call center that handles emergency calls. This center is different from the PSAP that would answer a traditional 9-1-1 call. Consequently, you may need to provide your name, address, and telephone number, especially if your registered address is not current.

How Your Information is Provided

Our E911 service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address, and telephone number associated with your account. However, for technical reasons, the dispatcher may not always be able to capture or retain this information. Therefore, when making a 9-1-1 call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up-to-date.

Correctness of Information

You are responsible for providing, maintaining, and updating correct contact information (including name, physical address, and telephone number) with your account. If you do not correctly identify your actual location, or if your account information is not current, 9-1-1 calls may be misdirected. You can update your most likely physical address online via your account portal (details for accessing your portal will be provided upon service activation).

Disconnections

You must not disconnect a 9-1-1 emergency call until told to do so by the dispatcher, as they may not have your number or location information. If you are inadvertently disconnected, you must call back immediately.

Connection Time

For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or take longer to connect compared with traditional 9-1-1 calls.

9-1-1 Calls May Not Function

The functionality of our E911 services may cease or be curtailed in various circumstances, including but not limited to:

• Technical problems or misconfiguration of your equipment.
• Technical problems or misconfiguration of a third-party PBX managed by you.
• Power outages affecting equipment on your premises.
• Service outages (including our underlying provider's service outage), suspension, or disconnection of your service due to billing issues, or network/Internet congestion.
• Network or Internet outages.
• Changing locations: if you move your system access equipment to a location different from that registered with PharmaTools.

9-1-1 Call Charges

There is no fee for a legitimate emergency call to 9-1-1 through your PharmaTools service if it is properly provisioned for E911. However, charges may apply for calls to 9-1-1 made without valid motive, for test purposes, or with an account that has not been properly provisioned. DO NOT DIAL 9-1-1 UNLESS YOU HAVE A REAL EMERGENCY.

Inform Other Users

You are responsible for notifying any user or potential users of your PharmaTools E911 services about the limitations of 9-1-1 emergency calls as described herein. We recommend attaching warning stickers (available upon request if not included in a starter kit) in a visible location on your telephone sets.

Alternate Services

If you are not comfortable with the limitations of 9-1-1 emergency calls with VoIP, PharmaTools recommends that you consider an alternate means for accessing traditional 9-1-1 emergency services (such as a cellular telephone) or terminate the VoIP services.

Liability (related to 9-1-1 Service)

PharmaTools’s terms of service limit and disclaim liability related to our VoIP 9-1-1 service. Customers are advised to review this section with respect to PharmaTools’s limitations of liability. A more comprehensive "Limitation of Liability" section is provided below, which also covers 9-1-1 services. If you do not understand and agree with the limitations of the PharmaTools E911 service, you should consider alternate means of accessing traditional 9-1-1 services or terminating your PharmaTools service.

Service Description & Scope

PharmaTools provides Voice over Internet Protocol (VoIP) communication services, which may include, but are not limited to, voice calling, voicemail, call forwarding, and other related features (collectively, the "Service").

Inclusions:

• Domestic calls within Canada to standard landline and mobile numbers (subject to fair usage policies).
• Access to selected calling features as detailed in your service plan.
• Customer support during business hours.

Exclusions:

• The Service does not include traditional landline telephone service, internet access, or any hardware (e.g., telephones, ATAs) unless explicitly stated in your service agreement.
• Calls to premium rate numbers, certain international destinations, or directory assistance may incur additional charges or may not be available.
• PharmaTools does not guarantee uninterrupted service or that the Service will be error-free. The Service is dependent on your internet connection and other factors outside of our direct control.

User Accounts & Responsibilities

To use the Service, you may be required to create an account.

• Eligibility: You must be at least 18 years of age and reside in a geographic location where PharmaTools offers its services.
• Account Information Accuracy: You agree to provide true, accurate, current, and complete information as prompted by the registration process and to maintain and promptly update such information to keep it true, accurate, current, and complete. This is particularly crucial for the correct functioning of 9-1-1 services.
• Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to immediately notify PharmaTools of any unauthorized use of your account or any other breach of security. PharmaTools will not be liable for any loss or damage arising from your failure to comply with this security obligation.
• Prohibition of Sharing Accounts: Your account is for your individual or business use as specified in your service agreement and may not be shared with third parties, except as explicitly permitted by PharmaTools.
• Responsibility for Activities: You are solely responsible for all use (whether or not authorized) of the Service under your account, including the quality and integrity of your data and other information made available to us by or for you through the use of the Service.

Acceptable Use Policy (AUP) / Prohibited Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for any and all activities that occur under your account. Prohibited uses include, but are not limited to, the following:

• Unlawful Use: Using the Service for any purpose that is illegal under applicable local, provincial, national, or international law.
• Harassment/Abuse: Using the Service to transmit or receive any material that is harassing, abusive, threatening, defamatory, obscene, hateful, or racially, ethnically, or otherwise objectionable.
• Spamming:
  • Sending unsolicited bulk messages, whether commercial or otherwise (spam), including but not limited to unsolicited voice calls (robocalls, voice broadcasting) or SMS/text messages.
  • Harvesting or collecting information about others, including email addresses or phone numbers, without their consent for the purpose of sending unsolicited communications.
  • Activities that result in your phone numbers being blocked or flagged as spam by other carriers or services.
• Fraudulent Activity: Using the Service to engage in or promote any fraudulent activity, including phishing, impersonation, or any other deceptive practices.
• Network Abuse & Call Abuse:
  • Engaging in activities that may disproportionately burden or disrupt PharmaTools's network infrastructure, the networks of our underlying carriers, or the services of other users.
  • Generating traffic patterns inconsistent with normal human conversational use or legitimate business communication. This includes, but is not limited to:
    • Excessive short-duration calls (e.g., calls lasting only a few seconds) that are indicative of robodialing, auto-dialing, traffic pumping, or fraudulent activity (poor seizure ratio).
    • Rapid consecutive calls or high volumes of call attempts that may trigger spam or fraud detection systems.
    • Use of the service for unlawful telemarketing, fraudulent schemes, or any activity designed to generate high volumes of connection attempts without genuine communication intent.
  • Attempting to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to the Service.
• Malware/Viruses: Transmitting any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
• Content Restrictions: (If applicable to specific features) Transmitting or storing any content that infringes upon any third party's intellectual property rights, privacy rights, or other proprietary rights, or that is otherwise unlawful.
• Resale or Sublicensing: Reselling or sublicensing the Service or any part thereof without the express written permission of PharmaTools.

PharmaTools reserves the right to investigate suspected violations of this AUP. We may, in our sole discretion, immediately suspend, restrict, or terminate your access to the Service without notice if we believe you have violated this AUP or any other term of this Agreement. We may also report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

Payment Terms & Billing

• Pricing and Fees: All applicable fees for the Service, including monthly recurring charges, usage-based charges, and any other fees, will be detailed in your service agreement or on the PharmaTools website. Prices are subject to change with prior notice as outlined in the "Changes to Terms" section.
• Billing Cycle: Services are typically billed in advance on a monthly or annual basis, as specified in your service plan. Usage-based charges may be billed in arrears.
• Payment Methods: PharmaTools will specify acceptable payment methods (e.g., credit card, pre-authorized debit). You agree to provide valid and current payment information and authorize PharmaTools to charge such payment methods for all due amounts.
• Late Payments: If payment is not received by the due date, PharmaTools may charge a late fee and/or suspend or terminate your access to the Service. Late fees will be the lesser of 1.5% per month (18% per annum) or the maximum amount permitted by law on the outstanding balance.
• Suspension for Non-Payment: PharmaTools reserves the right to suspend or terminate your Service without notice if payments are overdue.
• Refund Policy: Unless otherwise specified in your service agreement or required by applicable law, all fees paid for the Service are non-refundable. Any applicable refund policies will be detailed in your specific service agreement.
• Taxes: You are responsible for all applicable federal, provincial, and local taxes, duties, or similar governmental assessments, including GST/HST, PST, and other sales taxes, associated with your purchase of the Service, unless PharmaTools expressly agrees in writing to pay such taxes.
• Disputed Charges: If you believe PharmaTools has billed you incorrectly, you must contact PharmaTools customer service within sixty (60) days of the billing date of the charge in question to be eligible to receive an adjustment or credit.

Service Availability & Disclaimers

• "As Is" and "As Available" Basis: The Service is provided on an "as is" and "as available" basis. PharmaTools does not warrant that the Service will be uninterrupted, error-free, secure, or that defects in the Service will be corrected. You acknowledge that your use of the Service is at your sole risk.
• No Specific Performance Guarantees: While PharmaTools strives to provide a high-quality service, we make no representations or warranties regarding specific performance levels, uptime, or call quality, as these can be affected by factors beyond our control.
• Maintenance: PharmaTools may, from time to time, perform scheduled or unscheduled maintenance or upgrades to the Service or underlying infrastructure. We will endeavor to provide reasonable notice of scheduled maintenance that may impact service availability, but we are not liable for any service interruptions due to maintenance.
• Internet Dependency: You acknowledge that the Service is dependent on your own internet connection (and in some cases, power supply to your equipment). PharmaTools is not responsible for any inability to use the Service, including 9-1-1 calling, due to failures in your internet service, power outages, or misconfiguration of your equipment.
• Force Majeure: PharmaTools shall not be liable for any failure or delay in performance of its obligations under these Terms if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications or internet failures, or any other force majeure event.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHARMATOOLS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
• ANY CONTENT OBTAINED FROM THE SERVICE;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SPECIFICALLY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT PHARMATOOLS WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH:

• SERVICE INTERRUPTIONS, INCLUDING THE INABILITY TO USE THE 9-1-1 SERVICE (AS DETAILED IN THE "EMERGENCY SERVICES (9-1-1)" SECTION AND THE CRTC MANDATED TEXT);
• LOSS OR CORRUPTION OF DATA;
• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

PHARMATOOLS'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PHARMATOOLS FOR THE SERVICE IN THE THREE (3) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIMS; OR (B) $100 CAD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of PharmaTools and its licensors. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PharmaTools.

PharmaTools grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes, strictly in accordance with these Terms. This license does not grant you any rights to use PharmaTools's proprietary interfaces, documentation, or other intellectual property except as expressly permitted. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Service, except as incidental to your normal use of the Service in accordance with these Terms.

Data Privacy

Your privacy is important to us. PharmaTools is committed to protecting your personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).

Our collection, use, disclosure, and protection of your personal information are governed by our Privacy Policy. The Privacy Policy explains how we handle the information you provide to us when you use our Services. By using our Services, you agree that PharmaTools can use such data in accordance with our Privacy Policy.

Please review our Privacy Policy carefully. It can be found at: PharmaTools Privacy Policy.

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify PharmaTools immediately of any unauthorized use of your account or any other breach of security.

Termination of Service

• By User: You may terminate your account and these Terms at any time by ceasing all use of the Service and providing PharmaTools with notice of termination as specified in your service agreement or through your account portal. Any applicable early termination fees will be outlined in your service agreement.
• By PharmaTools: PharmaTools may, in its sole discretion, suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Grounds for termination by PharmaTools may include, but are not limited to:
  • A breach or violation of these Terms, including the Acceptable Use Policy.
  • Non-payment of fees owed for the Service.
  • Requests by law enforcement or other government agencies.
  • Discontinuance or material modification of the Service.
  • Unexpected technical or security issues or problems.
  • Engagement by you in fraudulent or illegal activities.
  • If PharmaTools reasonably believes that your use of the Service may be harmful or disruptive to others or to our network or services.
• Effect of Termination: Upon termination of your account, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. PharmaTools will not be liable to you or any third party for any termination of your access to the Service. Any outstanding fees owed to PharmaTools at the time of termination will become immediately due and payable. Disposition of your data upon termination will be handled in accordance with our Privacy Policy and applicable law.

Governing Law & Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and PharmaTools for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in Toronto, Ontario.
• Dispute Resolution:
  • Negotiation: In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
  • Arbitration: If they do not reach such a solution within a period of sixty (60) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by a mutually agreed-upon arbitration service in Toronto, Ontario, in accordance with its commercial arbitration rules. The arbitrator's award shall be final and binding, and judgment may be entered upon it in any court having jurisdiction thereof. This arbitration provision shall survive termination of these Terms.
  • Exceptions to Arbitration: Notwithstanding the foregoing, either party may bring an individual action in small claims court. Furthermore, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
• Class Action Waiver: YOU AND PHARMATOOLS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PharmaTools agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Changes to Terms

PharmaTools reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Notice of changes may be provided by posting the updated Terms on the PharmaTools website, by sending you an email notification to the email address associated with your account, or by other means we deem appropriate. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any other specific service agreements or addendums signed by you and PharmaTools, constitute the entire agreement between you and PharmaTools concerning your use of the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and PharmaTools with respect to the Service.
• Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
• Waiver: No waiver by PharmaTools of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PharmaTools to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without PharmaTools's prior written consent. PharmaTools may assign these Terms or any of its rights or obligations hereunder without your consent.
• Headings: The section headings used herein are for convenience only and shall not be given any legal import.
• Force Majeure: PharmaTools will not be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet.
• Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by PharmaTools (i) via email (to the address that you provide) or (ii) by posting to the PharmaTools website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.