APOTHECARE GIFT REGISTRY, Inc. TERMS OF USE AND PRIVACY AGREEMENT Last Updated: October 1, 2025

1.0 INTRODUCTION AND ACCEPTANCE 

Welcome to ApotheCare (“we,” “us,” “our”), a specialized gift registry platform designed to support individuals and families affected by cancer. By accessing or using our website, mobile application, or services (collectively, the “Platform”), you (“User,” “you,” “your”) agree to be bound by these Terms of Use (“Terms”).

Legal Name: ApotheCare Gift Registry, Inc.

Platform Name: ApotheCare Support Registry

IMPORTANT: These Terms constitute a legally binding agreement between you and ApotheCare. If you do not agree to all terms and conditions contained herein, you must not access or use the Platform. 

1.1 Eligibility and Jurisdiction 

This Platform is intended for residents of Canada who are 18 years of age or older 

These Terms are governed by Canadian federal law and the laws of Saskatchewan 

By using the Platform, you confirm you have the legal capacity to enter into this agreement

1.5 MANDATORY HEALTH IMPLICATION ACKNOWLEDGMENT AND WAIVER BEFORE USING THIS PLATFORM, YOU MUST READ AND AGREE TO THE FOLLOWING: I, THE UNDERSIGNED USER, HEREBY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT: 

CANCER-FOCUSED PLATFORM: ApotheCare is specifically designed for individuals connected to cancer situations INEVITABLE INFERENCE: My participation will inevitably suggest to any observer that I or someone I care about has a connection to cancer 

VOLUNTARY CHOICE: I am making this choice freely, without coercion, and with full understanding of the implications NO CLAIMS: I will never bring any legal action against ApotheCare for privacy violations related to inferences about my health status 

ASSUMPTION OF ALL RISKS: I assume all risks of privacy exposure related to platform participation

INFORMED CONSENT: I have been clearly warned of these risks and choose to proceed anyway 

BINDING WAIVER: This acknowledgment is legally binding and cannot be revoked 

BY CLICKING “I AGREE” OR USING THE PLATFORM, I CONFIRM I HAVE READ, UNDERSTOOD, AND VOLUNTARILY ACCEPT ALL RISKS AND WAIVE ALL RELATED CLAIMS AGAINST APOTHECARE. 

2.0 PRIVACY AND DATA PROTECTION 

2.1 Compliance with Privacy Legislation 

We are committed to protecting your privacy in accordance with: Personal Information Protection and Electronic Documents Act (PIPEDA) Provincial health information legislation including but not limited to: Personal Health Information Protection Act (PHIPA) – Ontario Health Information Act – Alberta Personal Health Information Act – Manitoba, BC Health Information Protection Act – Saskatchewan Personal Health Information Privacy and Access Act – Newfoundland and Labrador Law 25-Quebec Provincial privacy legislation where applicable

 2.2 Implied Health Information and Platform Purpose – MANDATORY USER ACKNOWLEDGMENT CRITICAL LEGAL NOTICE: 

ApotheCare does not collect, solicit, or require health information from users. However, BY USING THIS PLATFORM, YOU EXPLICITLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

INHERENT IMPLICATION RISK: User participation in a cancer-focused gift registry WILL NECESSARILY IMPLY personal or family connection to cancer to any observer 

FULL KNOWLEDGE AND VOLUNTARY ASSUMPTION OF RISK: By creating an account, you confirm you have FULL KNOWLEDGE of this implication and VOLUNTARILY ASSUME ALL RISKS associated with this inference

IRREVERSIBLE NATURE: Once you participate, the implication cannot be undone, even if you later delete your account 

NO HEALTH DATA COLLECTION: We do not collect medical records, diagnoses, treatment information, or other protected health information 

WAIVER OF PRIVACY CLAIMS: You WAIVE any claims against ApotheCare related to privacy implications of Platform participation 

THIRD-PARTY INFERENCES: You acknowledge that family, friends, employers, insurers, or others may infer health information from your participation and YOU ASSUME ALL LIABILITY for such inferences 

NO RETROACTIVE CLAIMS: You cannot later claim you were unaware of these implications or seek damages for inferences made by others 

2.3 Information Collection and Use 

We collect and use only non-health personal information for the following purposes: 

Account Management: Creating and maintaining user accounts (name, email, contact information) 

Registry Services: Facilitating gift registry creation and management (registry details, gift preferences) 

Communication: Sending service-related notifications and updates 

Platform Improvement: Analyzing usage patterns to enhance user experience

 Legal Compliance: Meeting regulatory and legal obligations 

We explicitly DO NOT collect:

  • Medical diagnoses or conditions 
  • Treatment information or medical history 
  • Healthcare provider information 
  • Insurance details or medical billing information 
  • Medication or prescription information 

2.4 Consent and Withdrawal 

Consent is obtained for all personal information collection, use, and disclosure You may withdraw consent at any time, subject to legal or contractual restrictions Withdrawal may limit or prevent access to certain Platform features

 Instructions for consent withdrawal are provided in our Privacy Policy 

2.5 Data Security Measures 

  • Multi-layer encryption for all sensitive data 
  • Regular security audits and penetration testing 
  • Incident response procedures for data breaches 
  • Secure data storage in Canadian-located servers

3.0 USER RESPONSIBILITIES AND CONDUCT 

3.1 Account Security Users are responsible for: 

  • Maintaining the confidentiality of login credentials
  • Notifying us immediately of unauthorized account access 
  • Using strong, unique passwords 
  • Logging out of shared or public computers 

3.2 Prohibited Conduct 

Users agree NOT to: 

  • Provide false, misleading, or fraudulent information 
  • Impersonate others or create fake accounts 
  • Engage in harassment, bullying, or discriminatory behaviour 
  • Share inappropriate, offensive, or harmful content 
  • Violate any applicable laws or regulations 
  • Attempt to compromise Platform security or integrity 
  • Use the Platform for commercial purposes without authorization 
  • Share personal information of minors without proper consent 
  • Post medical advice or represent themselves as healthcare professionals 

3.3 Content Standards and Health Information Restrictions – ZERO TOLERANCE POLICY 

All user-generated content must comply with our ZERO TOLERANCE policy: 

MANDATORY COMPLIANCE: 

  • Be truthful and not misleading 
  • Respect the privacy and dignity of others 
  • Comply with ALL Canadian content standards and laws
  • ABSOLUTELY NO specific health information, medical details, or protected health information 
  • Be appropriate for a gift registry platform 

STRICTLY PROHIBITED Health-Related Content (IMMEDIATE ACCOUNT TERMINATION): 

  • Specific medical diagnoses or conditions of ANY person 
  • Treatment details, medical procedures, or therapy information
  •  Healthcare provider names, recommendations, or referrals 
  • Medical advice, treatment suggestions, or health recommendations 
  • Protected health information of any individual (including family members)
  •  Detailed symptom descriptions, medical histories, or prognoses 
  • Medication names, dosages, or prescription information 
  • Insurance or medical billing information 
  • Hospital or clinic names or experiences

ENFORCEMENT: Violation of health information restrictions will result in: 

  • IMMEDIATE ACCOUNT SUSPENSION without notice 
  • PERMANENT ACCOUNT TERMINATION for repeat violations 
  • POTENTIAL LEGAL ACTION for privacy violations 
  • FULL USER LIABILITY for any resulting legal claims 

USER ACKNOWLEDGMENT: By agreeing to these Terms, User confirms they understand these restrictions and will comply fully. IGNORANCE IS NOT A DEFENSE. 

4.0 INTELLECTUAL PROPERTY AND CONTENT 

4.1 Platform Ownership 

ApotheCare retains all rights, title, and interest in the Platform, including: 

  • Software, algorithms, and technical infrastructure 
  • Trademarks, logos, and branding elements 
  • Proprietary features and functionality 
  • Documentation and support materials 

4.2 User Content License 

By posting content to the Platform, you: 

Retain ownership of your original content Grant ApotheCare a non-exclusive, royalty-free license to use, display, and distribute your content for Platform operations 

Confirm you have the necessary rights to share the content Agree that your content may be visible to other users as per your privacy settings 

4.3 Trademark and Copyright Compliance 

Users must not infringe on the intellectual property rights of others and agree to respect all applicable copyright and trademark laws.

5.0 HEALTH INFORMATION DISCLAIMERS AND LIABILITY PROTECTION 

5.1 No Health Information Collection 

IMPORTANT: ApotheCare explicitly does NOT:

  • Collect health information from users 
  • Solicit medical details or diagnoses 
  • Require health-related disclosures for platform use 
  • Store or process protected health information 
  • Act as a healthcare provider or health information custodian 
  • 5.2 User Acknowledgment of Implied Information 

By using the Platform, users acknowledge and agree that: 

Voluntary Participation: They voluntarily choose to participate in a cancer-focused platform 

Implied Connection: Platform use may imply a personal or family connection to cancer 

User Responsibility: They are responsible for managing their own privacy regarding health matters 

No Obligation to Disclose: They are never required to disclose specific health information 

Platform Protection: ApotheCare is not liable for inferences others may draw from platform participation

 5.3 Medical Disclaimer

IMPORTANT: ApotheCare is not a healthcare provider and does not provide medical advice, diagnosis, or treatment recommendations. The Platform is solely for gift registry and community support purposes. 

5.4 Healthcare Professional Consultation 

Users are advised to consult qualified healthcare professionals for all medical decisions and not to rely on any information or inferences from Platform use.

5.5 Emergency Situations 

The Platform is not intended for emergency medical situations. Contact emergency services immediately in case of medical emergencies (911 in Canada). 

6.0 PLATFORM AVAILABILITY AND MODIFICATIONS 

6.1 Service Availability 

While we strive for continuous availability, we do not guarantee uninterrupted access to the Platform. Service may be temporarily unavailable due to: 

  • Scheduled maintenance 
  • Technical difficulties 
  • Force majeure events 
  • Legal or regulatory requirements 

6.2 Platform Modifications 

  • We reserve the right to: 
  • Modify Platform features and functionality 
  • Update these Terms with reasonable notice 
  • Discontinue services with an appropriate notice period 
  • Implement changes required by law or regulation 

7.0 LIMITATION OF LIABILITY AND INDEMNIFICATION 

7.1 Maximum Limitation of Liability 

TO THE ABSOLUTE MAXIMUM EXTENT PERMITTED BY LAW: 

  1. COMPLETE DISCLAIMER OF WARRANTIES: ApotheCare provides the Platform “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” ALL WARRANTIES ARE DISCLAIMED, including implied warranties of merchantability, fitness for purpose, and non-infringement NO WARRANTY that the Platform will be uninterrupted, secure, or error-free NO WARRANTY regarding accuracy, reliability, or completeness of any content
  2. ABSOLUTE LIABILITY CAP: ApotheCare’s TOTAL LIABILITY IS LIMITED TO $100 CAD regardless of the nature or magnitude of claims This cap applies to ALL CLAIMS COLLECTIVELY, not per incident Liability is limited even for gross negligence (where legally permissible) 
  3. COMPLETE EXCLUSION OF DAMAGES: NO LIABILITY for indirect, incidental, consequential, special, punitive, or exemplary damages NO LIABILITY for lost profits, business interruption, loss of data, or privacy violations NO LIABILITY for emotional distress, reputational harm, or personal injury NO LIABILITY for third-party actions, content, or inferences NO LIABILITY for security breaches, data loss, or unauthorized access
  4. COMPREHENSIVE CAUSE EXCLUSIONS: NO LIABILITY for force majeure events, government actions, or regulatory changes NO LIABILITY for Internet service disruptions or technical failures NO LIABILITY for user’s own negligence, misuse, or violation of Terms NO LIABILITY for consequences of user’s voluntary platform participation 

7.2 User Indemnification and Health Information Liability 

Users agree to FULLY INDEMNIFY, DEFEND, AND HOLD COMPLETELY HARMLESS ApotheCare, its officers, directors, employees, shareholders, contractors, and agents from ANY AND ALL claims, damages, losses, costs, expenses (including attorney fees), and liabilities arising from or related to: 

  • User’s violation of these Terms User’s content or conduct on the Platform User’s violation of third-party rights 
  • User’s violation of applicable laws ANY health information disclosure or privacy breach by the User ALL claims related to inferences about health status from Platform participation 
  • Third-party access to, observation of, or interpretation of the User’s registry or Platform activity 
  • Employment, insurance, social, or other consequences from implied health information 
  • Data breaches or security incidents involving 
  • User’s account or information ANY privacy-related claims whatsoever, including but not limited to PIPEDA, provincial privacy legislation, or health information protection acts

7.3 Absolute Health Information Liability Protection and Multiple Waivers 

Users EXPLICITLY, VOLUNTARILY, AND IRREVOCABLY acknowledge and agree that: 

  1. COMPLETE LIABILITY WAIVER: 
  • ApotheCare has ZERO LIABILITY for any privacy implications of Platform participation 
  • Users VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS related to implied health information 
  • ApotheCare has NO CONTROL AND NO RESPONSIBILITY for third-party inferences about user health status 
  • Users are SOLELY AND EXCLUSIVELY RESPONSIBLE for managing their health information privacy 
  1. SPECIFIC RISK ASSUMPTION: 
  • EMPLOYMENT RISKS: User assumes all risks of employer discovery and employment consequences
  • INSURANCE RISKS: User assumes all risks of insurer discovery and coverage implications 
  • SOCIAL RISKS: User assumes all risks of social stigma or relationship consequences 
  • FAMILY RISKS: User assumes all risks of family member privacy exposure
  •  FUTURE RISKS: User assumes all risks of future consequences currently unknown 
  1. COMPREHENSIVE RELEASE: 
  • User RELEASES AND FOREVER DISCHARGES ApotheCare from all privacy-related claims 
  • This release covers PAST, PRESENT, AND FUTURE claims of any nature 
  • User WAIVES ALL RIGHTS to bring privacy-related legal action 
  • This waiver is BINDING ON USER’S HEIRS, SUCCESSORS, AND ASSIGNS 
  1. NO RETROACTIVE CLAIMS: 
  • User CANNOT AND WILL NOT claim ignorance of risks after agreeing to these Terms 
  • User WAIVES ANY RIGHT to seek damages for consequences of platform participation 
  • These waivers are IRREVOCABLE AND PERMANENT

8.0 DISPUTE RESOLUTION AND GOVERNING LAW 

8.1 Governing Law 

These Terms are governed by the laws of Canada and the Province of Saskatchewan, without regard to conflict of law principles. 

8.2 Dispute Resolution Process 

MANDATORY ARBITRATION MANDATORY INFORMAL RESOLUTION: All disputes MUST first be submitted to good faith negotiations for 60 days

BINDING ARBITRATION: If informal resolution fails, disputes MUST be resolved through binding arbitration under the Provincial Arbitration Act

NO CLASS ACTIONS: Users WAIVE ALL RIGHTS to participate in class action lawsuits NO JURY TRIALS: Users WAIVE ALL RIGHTS to jury trials LIMITED DISCOVERY: Arbitration will have severely limited discovery to reduce costs 

ARBITRATOR SELECTION: Arbitrators must have experience in privacy law and technology 

CONFIDENTIALITY: All arbitration proceedings will be confidential 

FINAL AND BINDING: Arbitration decisions are final with extremely limited appeal rights 8.3 Additional Legal Protections 

STATUTE OF LIMITATIONS WAIVER: Users agree that any claims against ApotheCare must be brought within SIX (6) MONTHS of the alleged incident, or such claims are forever barred. 

ATTORNEYS’ FEES: In any legal proceeding, if ApotheCare substantially prevails, User agrees to pay ALL of ApotheCare’s attorney fees and costs. 

FORUM SELECTION: Any legal proceedings must be brought exclusively in Saskatchewan courts, and User consents to personal jurisdiction there. 

9.0 ACCOUNT TERMINATION

 9.1 User-Initiated Termination 

Users may terminate their account at any time by:

Using the account deletion feature in settings 

Following the process outlined in our Privacy Policy

9.2 Platform-Initiated Termination 

  • We may suspend or terminate accounts for: 
  • Violation of these Terms
  •  Fraudulent or suspicious activity 
  • Legal or regulatory requirements 
  • Platform security concerns 

9.3 Effect of Termination 

  • Upon termination: User access to the Platform will cease
  • Personal information will be handled according to our Privacy Policy 
  • User content may be retained as required by law 
  • Certain provisions of these Terms will survive termination

10.0 ACCESSIBILITY AND ACCOMMODATION 

10.1 Accessibility Commitment 

ApotheCare is committed to ensuring the Platform is accessible to users with disabilities in accordance with applicable accessibility standards and legislation. 

10.2 Accommodation Requests 

Users requiring accommodation may contact us at hello@apothecare.org to discuss available options and support.

11.0 CONTACT INFORMATION AND SUPPORT

 11.1 General Inquiries Email: hello@apothecare.org 

12.0 MISCELLANEOUS PROVISIONS 

12.1 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect. 

12.2 Entire Agreement 

These Terms, together with our Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements and understandings. 

12.3 Assignment 

Users may not assign their rights or obligations under these Terms. ApotheCare may assign these Terms in connection with a merger, acquisition, or sale of assets.

12.4 Force Majeure 

Neither party will be liable for delays or failures in performance due to circumstances beyond their reasonable control. 

12.5 Language 

These Terms are prepared in English. Any translation is provided for convenience only, and the English version will prevail in case of conflict.

By using the ApotheCare Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.

13.0 MULTIPLE LAYER LEGAL PROTECTION SUMMARY 

13.1 Comprehensive Protection Structure 

These Terms provide MULTIPLE OVERLAPPING LAYERS of legal protection: 

LAYER 1 – EXPLICIT WAIVERS: Users waive all privacy-related claims 

LAYER 2 – RISK ASSUMPTION: Users assume all risks of health information inference 

LAYER 3 – INDEMNIFICATION: Users must defend and reimburse ApotheCare for all claims 

LAYER 4 – LIABILITY CAPS: Damages limited to $100 CAD maximum 

LAYER 5 – DAMAGES EXCLUSION: Most types of damages completely excluded 

LAYER 6 – SHORTENED LIMITATIONS: Claims must be brought within 6 months 

LAYER 7 – MANDATORY ARBITRATION: No court trials or class actions 

LAYER 8 – ATTORNEY FEES: Losing users pay ApotheCare’s legal costs 

13.2 Enforceability and Severability 

Each protection layer is INDEPENDENT AND SEVERABLE If any provision is deemed unenforceable, ALL OTHER PROVISIONS REMAIN IN FULL FORCE Terms will be enforced TO THE MAXIMUM EXTENT PERMITTED BY LAW Multiple redundant protections ensure comprehensive coverage

13.3 User Acknowledgment of Comprehensive Protection 

BY USING THE PLATFORM, USER ACKNOWLEDGES: 

  • These Terms provide MAXIMUM LEGAL PROTECTION for ApotheCare 
  • User has MINIMAL LEGAL RECOURSE against ApotheCare 
  • User VOLUNTARILY ACCEPTS these extensive limitations on their rights 
  • User has been CLEARLY WARNED of the legal implications 
  • User CANNOT CLAIM SURPRISE at the scope of these protections

14.0 FINAL BINDING ACKNOWLEDGMENT

 I HEREBY ACKNOWLEDGE THAT I HAVE: 

✓ READ THESE ENTIRE TERMS OF USE IN THEIR ENTIRETY 

✓ UNDERSTOOD THE EXTENSIVE LEGAL PROTECTIONS FOR APOTHECARE

 ✓ UNDERSTOOD THE SEVERE LIMITATIONS ON MY LEGAL RIGHTS 

✓ UNDERSTOOD THE PRIVACY RISKS OF PARTICIPATING IN A CANCER-FOCUSED PLATFORM 

✓ VOLUNTARILY CHOSEN TO ACCEPT ALL RISKS AND WAIVE ALL CLAIMS

 ✓ BEEN ADVISED TO SEEK LEGAL COUNSEL BEFORE AGREEING (IF DESIRED)

 ✓ AGREED TO BE LEGALLY BOUND BY ALL TERMS WITHOUT EXCEPTION BY CLICKING “I AGREE” OR USING THE PLATFORM, I CONFIRM THIS ACKNOWLEDGMENT IS TRUE AND BINDING.

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