Terms of Use

Last modified: February 6, 2023

These website terms and conditions constitute a legal agreement and are entered into by and between our customers and Website users (“you” and “users”) and Gilead Sciences Canada, Inc. and our affiliates and subsidiaries (“Company,” “Gilead,” “we,” “us,” or “our“).

The following terms and conditions, together with the Privacy Policy (which is incorporated herein by reference), and any other documents or additional terms they expressly incorporate by reference (collectively, these “Terms of Use“), govern your access to and use of any content, functionality, products, and services (collectively, the “Service”) offered on or through https://cartacademy.ca (the “Website“).

SECTION 1 – ELIGIBILITY

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must review this agreement with your parent or guardian or make sure that you and your parent or guardian understand and agree to it, and your parent or guardian consents to your use of the Website.

The owner of the Website is based in the Province of Ontario in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside of Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

SECTION 2 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Use by reviewing the date at the top of this page. We reserve the right, at our sole discretion, to update, change or replace without notice any part of these Terms of Use by posting updates and changes to our website. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 3 – ACCOUNT SET-UP; SECURITY; PROHIBITED CONDUCT

The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You understand that the information on this website is intended for health care professionals only and is not intended to be viewed by the general public. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

SECTION 4 – THIRD PARTY MATERIALS, LINKS TO OUR WEBSITE, DOWNLOADS

Certain content, products and services available via our Website may include materials from third-parties.

Third party links on this Website may direct you to third party websites that are not affiliated with us (including without limitation, social media sites). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any loss or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction or otherwise use such sites. Complaints, claims, concerns, or questions regarding third party products or services should be directed to the third party.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Terms of Use. You agree to cooperate with us in immediately putting a stop to any unauthorized framing of or linking to our Website.

The Website may contain materials available for download, such as software applications, codes, data, files, videos images or other forms of content. Your use of downloaded materials may be governed by terms made available to you at the time of download. Any materials downloaded or otherwise obtained by you through your use of the Website and content is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download and/or use of such material.

You agree that downloaded materials, unless otherwise specified, are licensed to you for your personal, non-commercial use. You may not modify, redistribute, decompile, reverse engineer, disassemble the downloaded material, and you must maintain all copyright or other proprietary notices.

Gilead and its licensors, to the maximum extent permitted by law, make no warranties regarding the downloaded materials and will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of or in connection with your use of or reliance on the downloaded materials, including the failure of the downloaded materials to meet your needs, standard, expectations or specifications.

We may use analytics services or other third-party tracking services to analyze the performance of our Website. More information on how we use these services can be found in our Privacy Policy.

SECTION 5 – ERRORS; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

The content of this Website is provided for general information only. It is not intended to substitute for medical advice; to provide a diagnosis; or to act as a substitute for professional advice. All specific questions or concerns should be addressed with your healthcare advisors. Although we will try to ensure that this Website is current and does not contain inaccuracies, we do not warrant the quality, accuracy or completeness of any information available on this Website. The material may contain inaccuracies or typographical errors. The material is provided “as is”. We not make any warranties, whether expressed or implied, respecting any information, services or products described in or offered from this website. No endorsement of any products or services is expressed or implied by any information, material or content referred to or included on or linked from or to this Website. We undertake no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law. You expressly agree that your use of, or inability to use, the Service is at your sole risk.

The content on this website is for educational purposes only. The opinions presented herein are the speakers’ and not Gilead’s. The content is not intended to be relied on for clinical decision-making or to guide health care decisions. Some products discussed on the Website may be investigational and not yet authorized for use in Canada. Health care professionals are advised to consult the full prescribing information in the applicable product monograph or our Medical Affairs department at 1-866-207-4267 or CA.MedInfo@gilead.com with specific questions.

You agree to indemnify, defend and hold harmless Gilead and our parent, subsidiaries, affiliates, and each of their and our respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use, and/or your violation of any law or the rights of a third party.

SECTION 6 – ADVERSE EVENTS

If you become aware of any adverse events with any Gilead product, it should be reported to our Medical Affairs department at 1-866-207-4267 or Safety_FC@gilead.com or directly to the Canada Vigilance Program by calling 1-866-234-2345 or by e-mail at canada.vigilance@hc-sc.gc.ca. More information on the Canada Vigilance Program can be found at https://www.canada.ca/en/health-canada/services/drugs-health-products/medeffect-canada/canada-vigilance-program.html.

Your privacy is important to us and the use of your personal information is governed by our Privacy Policy. If we become aware of any adverse events associated with any of our products, we may use your personal information to contact you to obtain additional information, in accordance with applicable laws.

SECTION 7 – GENERAL

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Uses for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Service, or by ceasing to use our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate these Terms of Use at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof) or terminate, disable, or cancel your account.

Notice will be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided as part of your account details. In such case, notice will be deemed given three days after the date of mailing.

These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to these Terms of Use will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

These Terms of Use and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, understandings, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

SECTION 8 – CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at Canada_info@gilead.com.