Terms and Conditions of Use of the Health Record

Your owner-pharmacist affiliated with The Jean Coutu Group (PJC) Inc. (your "Pharmacist") is pleased to offer you an online service enabling you to (a) access certain information contained in your Health Record and/or the Health Record of a third party and to perform certain transactions in such Records (e.g. sending a renewal of prescription and reminders), and (b) providing a third party with access to your Health Record and the right to make certain transactions in your Health Record (collectively termed, the "Service"). Your Health Record contains personal information subject to your Pharmacist's obligation of professional secrecy; consequently, access to this Service is subject to some strict conditions, in order to protect your information, among others, the obligation for your Pharmacist and The Jean Coutu Group (PJC) Inc. to obtain your express consent to the terms and conditions hereinafter set forth.

These Terms and Conditions of Use of the Health Record (the "Terms and Conditions of Use") incorporate by reference the Terms and Conditions of Use of the Website found at www.jeancoutu.com and the Privacy Statement of The Jean Coutu Group (PJC) Inc. These Terms and Conditions of Use, the Terms and Conditions of Use of the Website and the Privacy Statement constitute the full agreement concluded between The Jean Coutu Group (PJC) Inc. and its PJC Jean Coutu establishments (including your Pharmacist) (collectively designated as the "Jean Coutu Group"), of the first part, and the user of the Service ("you" or the "user"), of the second part, with respect to the terms and conditions of use of the Website and of the Service. This agreement, which shall be for an indeterminate term, shall take effect when you access the Service. By accessing your account, you acknowledge and agree to all the terms and conditions reproduced in these Terms and Conditions of Use, as well as those incorporated herein by reference. These Terms and Conditions of Use may be amended at any time by the Jean Coutu Group, at its sole discretion and without prior notice. We recommend that you re-read these Terms and Conditions of Use from time to time, in the event that they have been amended.

  1. By using the Service, you expressly authorize your Pharmacist to make available on the Internet and to consult, according to the terms and conditions hereinafter described, certain information contained in your Health Record, as well as any other data which you may have added from time to time, as the case may be;
  2. You acknowledge that you have been duly advised and you agree:
    1. that the information which shall be made accessible on the Internet may not be complete, accurate or up to date and that it may contain errors;
    2. that no decision concerning your Health Record, your health condition, the taking of medications or the cessation thereof, and no other decision with respect to medications shall be based, in whole or in part, on information from your Health Record which is accessible via the Internet;
    3. that the information contained in your Health Record, which is made accessible to you on the Internet, does not in itself constitute any advice from your Pharmacist. Rather, such information is made available to you for your information exclusively and, for your protection, you must not allow anyone whomever to have access to such information, except as expressly authorized by you in accordance with these Terms and Conditions of Use.
  3. In order to access the information in your Health Record or in the Health Record of a third party on the Internet, you must obtain an access code from your Pharmacist and you must create and maintain a Jean Coutu account.

    The access code issued to a parent or legal guardian for a dependent child shall be inactivated automatically as soon as the child reaches age fourteen (14) years in Québec, age sixteen (16) years in New Brunswick, age sixteen (16) in Ontario and the age of majority in the child's province or territory of residence elsewhere in Canada. A new access code must then be requested from the Pharmacist.
  4. In order to create an account, you will be required to select a password. Access to the Health Record will permit the user to perform certain transactions in the Record. For example, a user may send a request for the renewal of a prescription via the Health Record and may request reminders to take medications or reminders to renew prescriptions.
  5. You alone are responsible for maintaining the confidentiality of the access code provided to you by your Pharmacist and the information concerning your account, including the password enabling you to access information in your Health Record or, if applicable, the Internet-accessible information in the Health Record of a third party. If you notice, or have any reason to suspect, that anyone knows or is using your access code or your password, please notify your Pharmacist immediately. You hereby discharge the Jean Coutu Group from any and all liability in the event that any person whoever obtains or discovers your access code or your password, except in cases of fault committed by the Jean Coutu Group.
  6. In order to maintain an optimal level of security, you must select three (3) security questions from among forty-five (45) possible questions when you create your Health Record. One of the questions so selected shall be asked every time you wish to perform any of the following transactions; (a) resetting or changing your password, (b) connecting from a device not recognized or from a device not previously authorized by the account holder, (c) changing the security settings of the account (for example, the security questions). If you make an error more than two (2) times, the system will permit you to change the security question. If you make a mistake more than five (5) times, your account will be deactivated and you will be required to obtain a new access code from your Pharmacist.
  7. You alone may authorize a third party to have access to the information contained in your Health Record and to perform transactions in your Health Record (for example, renewals and reminders). As soon as you designate a third party to have access to your Health Record and supply his or her coordinates (including his or her email address), an email will be sent to the third party advising him or her that a patient wishes to provide him or her with access rights to the patient's Health Record. The third party must then follow the directions provided, particularly by agreeing to these Terms and Conditions of Use, and must create his or her own Jean Coutu account, from which he or she will have access to your Health Record. Access to your Heath Record will be provided to the third party only if he or she can answer correctly a security question that you have selected. You must communicate the security question, as well as the answer thereto, directly to the third person so authorized.
  8. You may withdraw your consent to receive the Service at any time i) directly on www.jeancoutu.com or, ii) if your main Health Record is involved, by meeting with your Pharmacist and presenting an identity card. In addition, an authorized third party may withdraw his or her consent to have access to your Health Record.
  9. It is understood that the online payment service does not constitute an offer to sell, but rather an invitation to refill your prescription and place an order. For the same reasons, the confirmation of the receipt of your order and the confirmation of payment, will not be considered as the acceptance of the offer. The sales agreement will be concluded after you have picked up your order at the pharmacy or after home delivery. You agree that Jean Coutu Group assigns all its rights and obligations in your order, to the pharmacy selected to refill, receive payment and carry out delivery, as the case may be. Consequently, your detailed invoice will be issued by the selected pharmacy and not by the Jean Coutu Group. Delivery will be made by vehicles used by the selected pharmacy.

Except in cases of fault committed by the Jean Coutu Group, the latter does not in any way engage its liability by making available on the Internet, at your express request, certain information contained in your Health Record, as well as any other data which you may have added from time to time, if applicable. No indemnity or damages, of any kind whatsoever, shall be paid to you pursuant to or as a result of the use of the Service by you, an authorized third party or by any other person whatsoever.

These Terms and Conditions of Use shall be governed by the laws of the Province of Québec and by federal laws which are applicable, and any dispute in that regard shall be submitted to a court having jurisdiction in Québec. Should any particular provision of these Terms and Conditions of Use be adjudged to be invalid by a court having jurisdiction, such invalidity shall not affect in any way the spirit or the scope of these Terms and Conditions of Use, all the other provisions of which shall remain in force and enforceable. Failure by the Jean Coutu Group to exercise any of its rights shall in no case be assimilated to a waiver by the latter to the future exercise of such right or of any other right provided for in these Terms and Conditions of Use. The provisions of these Terms and Conditions of Use shall apply to the benefit of the Jean Coutu Group and its respective successors and assigns, and to you and your heirs, testamentary executors, administrators, successors and personal representatives, and they shall have binding force in regard to them. You may not assign these Terms and Conditions of Use or your rights and obligations thereunder, without having first obtained the express written consent of The Jean Coutu Group (PJC) Inc., which may be withheld at the latter's option. The Jean Coutu Group may assign these Terms and Conditions of Use, and its rights and obligations, under these Terms and Conditions of Use, without your consent.

Last update : April 2020