Terms and Conditions - GESTION QWIK INC

Last Updated: 20th August 2023

  • Acceptance of Terms

Welcome to the GESTION QWIK INC application (“Application” or “App”). The policies and guidelines for using our App are described in these Terms and Conditions (“Terms”). By using or accessing the App, you accept these Terms as binding on you. Please stop using the App if you disagree with any portion of these Terms. You (“User,” “Pharmacist Owner,” “Technician,” “Pharmacist,” “You”) and GESTION QWIK INC (“Company,” “We,” “Us,” “Our”) are bound by these Terms.

We have separate terms for General users and the service providers like Technicians and pharmacists. Therefore, you must read each term of use carefully to avoid confusion and mishap. We will not stand liable for any damage from any side in any matter, Regarding the data collection and protection, kindly visit our Privacy Policy page by clicking https://www.qwik-inc.com/privacy-policy/.

  • App Description and Functionality

The QWIK App, accessible through (https://play.google.com/store/apps/details?id=com.qwik_app /https://apps.apple.com/ca/app/qwik-healthcare-relief-staff/id6469327497), makes it easier for pharmacy professionals and pharmacist owners to connect in Quebec, Canada. Pharmacists and technicians can apply for temporary job contracts that chemist owners can readily advertise through the app. By quickly locating qualified candidates for temporary roles, the main goal is maintaining the continuity of pharmacy operations.
Similarly, Users can sign-up and initiate a contract in case of emergency and when it is hard to get assistance. In this way, you will always have a hand of help in the immediate time of need.

  • Specific Terms and Conditions for Pharmacist Owners

Pharmacist Owners agree to exclusively use the App’s platform for contacting and engaging with applicants for job contracts. Any attempt to establish employment relationships outside the App, bypassing its usage, is considered a breach of these Terms.

Account Registration

The Account registration on the APP QWIK is free for all Pharmacists and technicians unless you subscribe for over premium membership (see section “Subscription for more information”). You must set up a maximum of one account.

You must supply the mandatory data needed to finish your profile on the Services and maintain such information. Your name, logo, and when license number are required to sign-up for the profile, and it is mandatory. You understand and agree that the Services may publish some of this information.

Users must be truthful and accurate when submitting information to the Services, at registration, or at any other time. Any unfavorable repercussions that disclosing this information may have on the user’s life, or the lives of other users are exclusively the user’s responsibility. When you disclose and disseminate information, data, text, content, videos, and images about you, you waive any claims relating to potential violations of your privacy rights, honor, or reputation that might result from distributing or disseminating information about you.

You are solely responsible for all activities under the login credentials you use to sign up for our Services, and you are responsible for keeping those credentials confidential.

Please contact us immediately at the address listed in the CONTACT US section below if you believe someone has accessed your account.

Payments, Fees, and Billing

a. Billing for contracted services will be sent directly to the Pharmacist Owner’s designated email address or their designated accountant, ensuring transparency and accountability.
b. Technician and Pharmacist Users will receive direct deposits to their bank accounts once a week, every Wednesday, for services rendered through the App.
c. Pharmacist Owners are provided with subscription options, including a free tier and a $60 monthly subscription billed annually. This subscription fee is refundable within the first year if the App does not facilitate at least one shift arrangement. (See refund Policy for more details)

Penalties upon Misuse of Contracts

If the pharmacist or technician is unable to perform according to the details and requirements mentioned in the contract issued between them and the client under QWIK platform, they will face penalty charges. Example: If the pharmacist or technician already had a contract accepted and decide for any normal reason to cancel their shift, they (pharmacist or technician) will have to pay 20 % of the contract bill. That means they are responsible for their absence and have to take responsibility about it. Unless Gestion QWIK INC finds someone else to cover the shift or the reason of absence is valid/with proof, in that case, there will be no problem.

Similarly any violation of contract, its clauses and solicitation of the client can lead to the penalty of $5000 under the applicable law.

We want QWIK to be the best platform that provides both the service provider and the client with the best services. Thus, any violation of code of conduct will be charged as a penalty and will give us the right to terminate the accounts too. See the section “Code of Conduct” for more information.

Specific Terms and Conditions for Users

Account Registration

All customers can open an account at no cost. The customer can sign up directly online or through a social network by permitting Gestion QWIK INC to access their account following the terms of that account. To use QWIK’s services privately, a client user account is created. They are only permitted to have one current user account. 

The client consents to provide accurate, current, and comprehensive information throughout the registration process and update such information as necessary to keep it true, present, and complete. 

If a client creates more than one (1) user account or if any information given during the registration process or after that is false, fraudulent, out-of-date, or incomplete, QWIKs has the right to suspend or cancel the client’s user account and its access to QWIK’s Services. 

The client is in charge of safeguarding their password. Whether or whether the client authorized the activity, the client is liable for any actions taken on their account. Client shall notify Gestion QWIK INC immediately if they become aware of or have a good faith suspicion of any intrusion, including any theft, loss, unauthorized disclosure, or use of your password. 

Payments, Fees, and Billing

A. Payment is transferred to Gestion QWIK INC when the contract between the service provider and client is initiated. 
B. Billing for contracted services will be sent directly to the Pharmacist Owner’s designated email address or their designated accountant, ensuring transparency and accountability.
C. Technician and Pharmacist Users will receive direct deposits to their bank accounts once a week, every Wednesday, for services rendered through the App.

Content 

QWIK Platform Content

Client acknowledges that specific Content on the QWIK Services has been provided by Gestion QWIK INC, its partners, or users and is subject to copyright, trademark, service mark, patent, trade secret, and other property rights and laws. 
Any copyright notices, details, and restrictions present in any Content accessible through the Service must be complied with by the Client. 
Client shall not, 

(i) without the prior written consent of the respective owners or in violation of any other right, 
(ii) sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third-party submissions or other proprietary rights not owned by you.
To the extent that the Sites expressly permit you to do so, Client may download or copy the Content and other materials that are available for download on the Sites for personal use only, as long as Client respects all copyright and other notices contained in the relevant Content. No significant amount of any Content, in any form, may be stored by the Client. Without prior written consent from QWIK or the copyright holder mentioned in the copyright notice for that particular piece of content, copying or storing any of its contents for purposes other than personal, noncommercial use is completely prohibited.

Client Content

Gestion QWIK INC reserves the right to refuse permission for any comments, remarks, photographs, texts, or other content (collectively “Client Content”) to be downloaded and published through the Application. By sending Gestion QWIK INC Client Content, the Client grants Gestion QWIK INC an unrestricted, perpetual, non-exclusive, transferable, and available license to copy, alter, display, and otherwise use the Client Content. 
Client represents and warrants to Gestion QWIK INC that: 
A. Client is the owner of Client Content or has written consent from the owner of the copyright to make Client Content available on or through the QWIK’s Services;
B. Client Content is accurate and correct;
C. The client has the authority to grant QWIK the license above; and
D. the reproduction, display, distribution, use, or other exploitation of Client Content by QWIK and our service is permissible. 
Any content that we deem inappropriate—including vulgar, offensive, defamatory, libelous, obscene, hateful, or otherwise unlawful or abusive—may be refused publication or deleted by QWIK.

 

1. Platform Rules and Guidelines

a. Users must possess a valid pharmacist license following relevant regulatory bodies.
b. The minimum age requirement for using the App is 14 years.
c. All communication within the App’s chat room should be professional and respectful, fostering a positive and collaborative environment.

2. Code of Conduct

You must respect other users, our customer service staff, and the relevant laws and regulations in your expression and behavior to uphold the high level of interactions we and other users of the Services demand from you. To maintain this standard for excellence, individual responsibility, and ethics, we enable any user to report any content (photography, text, video, etc.), behavior, or comments made by a user that appears to be against our Terms and Conditions, third-party rights, and applicable laws and regulations.
Therefore, by using the Services, you consent that we may filter and/or regulate the information you provide, your behavior, and/or your comments under our moderation standards.

You abide by not to and must always comply with the following rules of behavior as a user.

  • distribute another person’s personal information (e-mail address, postal address, phone number, etc.) in any way (in a Profile description, in a photo, etc.); post any of your personal contact information;
  • publish any content that violates or infringes on the rights of anyone, including their right to privacy, publicity, or other intellectual property or contract rights; impersonate any living person or legal entity;
  • ask other users for their passwords or for personal information that could be used for commercial or illegal reasons;
  • spamming, asking for money, or defrauding any user;
  • Send messages in bulk; publish any material that incites violence, contains nudity, graphic or gratuitous violence, or is hate speech, threatening, sexually explicit, or pornographic;
  • use the Services for any harmful or nefarious purposes, 
  • use the Services to harm our Company or us, 
  • use the Services for any purpose that is illegal or prohibited by these Terms and Conditions, 
  • use the Services to promote or facilitate personal relationships, post any content that encourages racism, bigotry, hatred, or physical harm of any kind against any group or individual, insult, bully, “stalk,” intimidate, assault, harass, mistreat, or defame any person.
  • use another user’s account; share an account with another user; or keep more than one account; 
  • create a new account if we or our Company have already terminated your current account.use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or another manual or automatic device, method, or process to access, retrieve, index, “data mine,” or otherwise duplicate or get around the way the Services are presented to users or how their content is organized; 

Any violation of these conduct rules constitutes a severe material breach of your contractual obligations under these Terms and Conditions.
We reserve the right to suspend or terminate your account without prior notice and without a refund, if you have broken these obligations, misused the Services, or behaved in a way that we deem inappropriate or illegal, including by way of any action or communication that happened on or off the Services. So that we and any platforms run by the Company can take the necessary action against risky individuals, such as canceling their account and/or stopping them from opening one, information about prohibited users may be shared internally.
This cancellation or termination of your account will take effect without impacting any damages or interest that we may later seek from you to cover any losses we may have endured due to a violation of these Terms and Conditions.

3. Suspension and Termination Clause

Profile suspension

If you no longer want to receive messages or have your profile shown to other users, you can request the suspension of your profile at any time through your account on the Services. This suspension is temporary; it has no bearing on any current subscriptions you may have, including renewals, and it doesn’t extend the duration of any existing subscriptions. Anytime you choose, you can reactivate your profile.

Termination of account and profile

You can permanently delete your account on the Services by following the instructions in the section devoted to it. If you run into any issues, you may ask our team to take care of this. You will have access to your account and be able to make purchases after a closure request on the next business day. However, all Subscription payments must be made through the remainder of the current term. Once your account has been canceled, you’ll receive a confirmation email.

 

4. Warranties

Our obligations concerning your use of the Services

We hereby entirely disclaim all responsibility for any interactions between you and other users, whether online or in “real life,” offline.
We do not confirm their true identities when users register for the Services. Additionally, we neither fully moderate nor control any content users may post or publish on the Services on their initiative. However, user pictures and profile summaries are reviewed before being published on the Services.
All liability for the accuracy or inaccuracy of any information and content provided by you or other users, as well as any damage resulting from your or their use of it, is disclaimed by us. Similarly, we disclaim any liability for any content that you or another user submits that infringes their, yours, another user’s, or third party’s legal rights.

Operation of the Services

Our services are provided to you “as is.” We do not guarantee that you will be able to use them if your hardware or device does not operate correctly, your internet service provider does not provide an adequate level of service, or your hardware or device does not have a fully operational internet connection.
The Services may have brief operational hiccups due to maintenance, upgrades, security measures, technical advancements, or altering the content and/or how it is displayed. If any scheduled updates or maintenance could impact how you use the Services, we’ll let you know in advance. Some functionalities might even be permanently disabled, depending on the urgency of the circumstance or the requirement for security.

5. Third-Party Platforms

Occasionally, our services may direct you to Third-Party Platforms, but we have no control over those websites. We disclaim all liability for any content on Third-Party Platforms, including any advertisements, promotions, offers for products or services, or other materials obtained via such Third-Party Platforms. The use of Third-Party Platforms is subject to their terms and conditions.

6. Safety

Using the Services, you agree to communicate with other users with reasonable caution, especially if you meet in person or speak over the phone.  If you have any sensitive or private information, such as financial or personal information (like credit card or bank account numbers) or personal information (such as name, address, email, and phone number), think twice before posting it or revealing it to other users. You accept full responsibility for your conduct in the situation.

7. Personal Data

Your data is processed following our Privacy Policy.

8. General liability

We are only liable for direct losses if we fail to supply the Services under these Terms and Conditions and applicable laws and regulations, according to applicable legislation. If a user sustains damages entirely due to that person or if we do not violate these Terms and Conditions and/or our statutory obligations, we may not be held responsible. Where it would be illegal to do so, we do not exclude or restrict in any way our liability to users.
Losses incurred by businesses are not our fault. As previously said, we strongly forbid using our Services for commercial purposes and only make them available for personal and private use. You are responsible to us if you use the Services for any commercial or business reasons outside our Terms and Conditions.
Suppose the Company or we are found liable due to the breach of your legal or contractual responsibilities under these Terms and Conditions. In that case, you agree to defend us and/or the Group and hold us and/or the Group free from any damages, costs, or orders made against it.

Limitation of Liability

QWIK will never be liable to You or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits resulting from Your use of the website/application or the service, as well as damages for loss of data, loss of programs, cost of acquiring substitute services, or service interruptions, even if QWIK is aware of or has been advised of the possibility of such damages. QWIK disclaims all responsibility for any acts outside the purview of our services, including but not limited to charges related to travel, delivery, meetings, etc.
You are accountable for those costs. Regardless of anything in this document to the contrary, QWIK’s liability to You for any reason and regardless of the form of the action is always capped to the sum of any fees you paid, if any, to QWIK for the Service during the membership term.

1. Indemnity

You understand that by using the Service in a manner that violates this Agreement, Gestion QWIK INC, its subsidiaries, affiliates, officers, agents, and other partners and employees may suffer loss or incur responsibility, claims, demands, or other obligations, including paying reasonable legal costs. This also holds for any allegations that any materials you send to Gestion QWIK INC or post on the website or application may breach the intellectual property rights of other parties. Regardless of any party’s or the insured’s negligence, this indemnity shall apply.

2. Enforceability

Under pertinent laws or rules of Canada or as a result of a final judgment rendered by a qualified court or authority. The remaining clauses will continue to be in full force and effect to the extent authorized by applicable laws, regulations, and court rulings.If the Terms and Conditions are found to contain one or more unenforceable clauses, 

3. Dispute under Applicable law 

Subject to any applicable consumer legislation in effect in your place of residence, these Terms and Conditions will be governed by, interpreted by, and implemented by the laws of Canada.
You must first raise any problem in writing with us to try to resolve it without resorting to mediation under the criteria that apply to mediation.

4. Acceptance of Terms and Conditions

You agree to be bound by our Terms and Conditions, Privacy Policy, Disclaimer, as well as any additional or special terms we may notify you of at the time you use or purchase certain Services, and all of these terms are incorporated into these Terms and Conditions by creating an account on our Services. You must cease using our Services if you disagree to be governed by our Terms and Conditions.

5. Changes to this Terms and Conditions

Gestion QWIK INC may replace, modify, or amend These Terms and Conditions. You must read this page and check for any Terms and Conditions modifications. Please take note of the Terms and Conditions’ most recent change date at the Top or start of the document.
However, such changes materially impact a product or service you paid for on the Services. In that case, we will endeavor to continue to deliver that service to you on the same (prior) Terms and Conditions until the end of the current term of the Purchase. If you continue to use that Purchase in any subsequent renewal period or make a new Purchase, then the revised Terms and Conditions will apply from that point onwards, and you will be deemed to have agreed to the revised Terms and Conditions.

6. Dispute Resolution

In disputes between Pharmacist Owners and Technicians/Pharmacists, Users must initiate communication with the Company for resolution. The Company will facilitate a fair and unbiased resolution process.

7. Contact Us for Requests and Claims

You can refer to our contact us page (https://www.qwik-inc.com/contact-us/)for any requests or complaints regarding how you used the Services. You can email our customer care staff if you need more assistance:

mailto:Info@qwik-inc.com

Contact Us

For any inquiries, please contact us at info@qwik-inc.com.

© 2024 QWIK All Rights Reserved.