Terms of Use

CLAIMS RELATING TO CO-PAY held by an Health care professional (HCP) on Behalf of a patient

 

Dear pharmacy practitioner, thank you for registering your pharmacy to use RxHelpHCPay™.  RxHelpHCPay™ is a solution administered by Cameron Stewart LifeScience (Canada) Inc. (“CSL”) to facilitate co-payments processed by CSL on behalf of its pharmaceutical manufacturing clients (each a “Manufacturer”) for certain pharmaceutical products (each a “Product”) dispensed at your pharmacy to qualifying patients (each a “Patient”).

These Terms of Use (“Terms”) will govern you and your pharmacy’s use of RxHelpHCPay™ and will constitute a legal agreement between you and CSL.  Please read them carefully and indicate your agreement below. 

Each time you dispense a Product to a Patient you will be required to log into the RxHelpHCPay™ Portal (“Portal”) and confirm certain information.

Supported Products:  The current list of Products for which copayments are are available through the RxHelpHCPay™ Portal or may be requested directly from CSL by contacting CSL in writing.  The quantum of any copayment is solely at the discretion of the applicable Manufacturer and is subject to change at any time without notice. 

Accuracy of Information Provided. By using the RxHelpHCPay™ Portal, you represent that all the information you provide to CSL is complete and accurate.  In the event you realize you have entered incomplete or inaccurate information you are required to contact CSL immediately. 

Dispensed Products. You may only use the RxHelpHCPay™ Portal to process copayments for Patients whose Products were dispensed by your pharmacy.  For pharmacies operating as a chain or through multiple locations, each separate location will require its own RxHelpHCPay™ account.

Processing Copayments. You have six months from the date Product was dispensed to a Patient to submit a request for a copayment through the RxHelpHCPay™ Portal.  CSL will process and review all claims submitted to it for accuracy and completeness.  Once CSL approves a claim, copayments will be issued to your account, using the banking information you submitted through the RxHelpHCPay™ Portal or otherwise to CSL. The total amount of time required to process and issue payment is estimated to be approximately 30 days from the date that CSL receives your claim, or as agreed upon with the respective Manufacturer (i.e., monthly, quarterly).

Compliance.  You acknowledge that all copayments processed through the RxHelpHCPay™ Portal are strictly to be used to settle any balance owing by a qualifying Patient as a result of a Product dispensed by you. You will not receive any compensation for your use of the RxHelpHCPay™ Portal.  Your use of RxHelpHCPay™ Portal is not tied in any way to any obligation on your part to recommend or promote the services or products of CSL, a Manufacturer or any of their respective affiliates. 

Term and Termination.  These Terms remain in effect for as long as you submit requests for copayments through the RxHelpHCPay™ Portal.  CSL has the right to suspend, terminate or restrict your access to the RxHelpHCPay™ Portal and to terminate these Terms and/or your registration with CSL immediately, at any time for any reason whatsoever, or for no reason. 

Safety Reporting.  You are reminded of any professional obligation you or your pharmacy may have to report adverse events or other special situations related to Products.  Your continued access to the RxHelpHCPay™ Portal is contingent on your fulfilment of these obligations. 

Account Credentials. You are required to keep your RxHelpHCPay™ Portal credentials (including your unique user identification and password for the Portal) secret, and must advise CSL immediately if you believe there has been an unauthorized use of your account.  Neither CSL nor any Manufacturer will be responsible for any loss or damage you may suffer as a result of any unauthorized use of your account.

Privacy; Transparency. CSL respects the privacy and personal information and endeavours to satisfy all of its obligations under applicable privacy legislation.  All personally identifying information, including financial information, collected from you by CSL shall be collected, stored and used in accordance with the CSL Privacy Policy, available at www.rxhelp.ca/en/privacy, and will be stored, shared and used in compliance with all applicable data privacy laws and regulations. You acknowledge and agree that all personal, financial, and medical information disclosed to CSL under these Terms may be used and shared by CSL and its partners for purposes of (a) verifying the information submitted by you to CSL, (b) scheduling and coordinating of patient program services offered by a Manufacturer; (c) satisfying legal or regulatory requirements, including in relation to adverse event reporting; and (d) processing copayments.  Information provided to CSL may be stored in a jurisdiction other than Canada where the laws related to privacy may be different than those of Canada. 

Content. Any and all information, product names, company names, domain names, trade-marks or trade names, patents, copyrights, or other proprietary rights (whether or not registered), reports, web pages, graphics, data, databases, files, multimedia, software or content as used in or accessed through the RxHelpHCPay™ Portal or in connection with submitting claims, including the manner in which the information is presented or appears and all information relating thereto (the “Content”), are the property of CSL or their licensors or licensees. While CSL will make all reasonable efforts to ensure that all Content is correct, accuracy cannot be guaranteed. The Content may not be accurate, up to date, complete or error-free.

Property. Unless prior written permission is obtained from CSL, the Content may not be reproduced, published, copied, linked to, framed, tagged, embedded, merged, modified, recompiled, licensed, distributed, sold, stored in an electronic retrieval system, downloaded (except by your browser as a single user) or transmitted, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. All components of the RxHelpHCPay™ Portal and Content are proprietary to CSL and their licensors and are protected by intellectual property laws. CSL does not convey to you any express or implied rights, including intellectual property rights, with respect to the RxHelpHCPay™ Portal or Content except as expressly described in these Terms.

Jurisdiction. You agree that your use of the RxHelpHCPay™ Portal and these Terms are governed by the laws of the Province of Ontario and the federal laws of Canada without regard to conflict of laws principles. You also agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to any disputes. The parties have required that these Terms and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Disclaimers. THE PORTAL, THE CONTENT AND ALL RELATED CLAIM PROCESSING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CSL AND ITS DIRECTORS, OFFICERS AND AFFILIATES GIVE NO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, AS TO THE USE OF THE PORTAL OR THE CONTENT, TRANSACTIONS, PRODUCTS OR SERVICES ON OR THROUGH THE PORTAL, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION AS TO UNINTERRUPTED OR ERROR FREE OPERATION, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, LEGALITY, SUITABILITY, NON-INFRINGEMENT, TITLE, CONFIDENTIALITY, PRIVACY, MERCHANTABILITY, OR FITNESS FOR PURPOSE.

CSL, ITS AFFILIATES AND ALL MANUFACTURERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS OR AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIMS OR LOSSES WHATSOEVER, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST SAVINGS, VIRUSES, OR DATA CORRUPTION; OR DAMAGES ARISING AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE PORTAL OR THE CONTENT, TRANSACTIONS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE PORTAL, OR ANY OTHER WEB SITE OR PORTAL ACCESSED TO OR FROM THE PORTAL.

Entire Agreement. These Terms constitute the entire agreement between you and CSL with respect to the use of the RxHelpHCPay™ Portal, the Content and the claims processing service, and terminates and replaces any prior agreement in relation to the RxHelpHCPay™ Portal, Content and claims processing service. No supplement, modification or amendment to the Terms and no waiver of any provision of these Terms shall be binding on CSL unless executed by CSL in writing.

Severability. Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms, all without affecting the remaining provisions of the Terms or affecting the validity or enforceability of such provision in any other jurisdiction.

Indemnity. You agree to indemnify, defend and hold harmless CSL and its employees, agents, officers, directors, licensors (and their respective successors and assigns), from and against any and all third party claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) breach of these Terms or any applicable law or regulation by you or the staff of your pharmacy, (ii) use, misuse, reliance upon or inability to access or use the RxHelpHCPay™ Portal or the Content by you or your pharmacy’s staff; or (iii) the negligence or willful misconduct on the part of you or your pharmacy’s staff in using the RxHelpHCPay™ Portal.