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Novo Nordisk CareTM Patient Support Program – Terms of Use

Effective Date: April 1, 2024

1. INTRODUCTION

These Terms and Conditions (the “Agreement”) apply to you when you participate in the Novo Nordisk CareTM (previously known as SaxendaCare®, OzempicCare®, WegovyCare®) or any other applicable patient support program (the “Program”) offered by Novo Nordisk Canada Inc. (“Novo Nordisk”, “we”, “our” and “us”). The Agreement is entered into between Novo Nordisk and you.

By using (including accessing websites) the Program, or by accepting this Agreement as part of registering for the Program, you are agreeing to and bound by the terms of this Agreement. By accepting this Agreement, you are representing that you are at least 18 years of age, have the legal capacity to enter into this Agreement under the laws that are applicable to you and have been prescribed an applicable Program medication (the “Medication”).

2. CONTACT US

If you need technical support or have any questions or complaints, you can contact us by calling 1-833-NORDISK (667-3475).

Where necessary, Novo Nordisk will provide any notice under this Agreement by email to your email address or via the Program. You may provide any notice under this Agreement to Novo Nordisk by sending it to the following address:

Novo Nordisk Canada Inc.
Attn: Legal Department
101 – 2476 Argentia Rd.
Mississauga, Ontario
Canada L5N 6M1

3. USE OF THE PROGRAM

The Medication is a prescription-only pharmaceutical product. For legal reasons, only patients who have been prescribed The Medication may be granted access to the Program. You are therefore not allowed to grant access to the Program or its websites to other persons. To enroll in the Program, you are required to provide proof that you have been prescribed The Medication.

You shall not, and shall not permit any other to,

  1. use the Program to harm, threaten, or harass anyone;
  2. use the Program for commercial purposes;
  3. use or attempt to use any unauthorized means to modify, reroute, or gain access to the Program;
  4. damage, disable, overburden, interfere with or impair the Program (or any network or device connected to the Program);
  5. enable unauthorized third-party applications to access the Program;
  6. modify, copy or make derivative works based on the Program;
  7. reverse engineer or derive the source code of the Program, except to the extent such restriction is expressly prohibited by applicable law;
  8. remove security restrictions in the Program for any purpose, including to permit the installation of unauthorized software or to retrieve data from the Program; or
  9. otherwise use the Program in any manner that exceeds the scope of use granted to you in this Agreement.

4. THE PROGRAM DOES NOT REPLACE YOUR HEALTHCARE PROVIDER

The Program does not replace medical advice or treatment from a healthcare professional. Your healthcare professional will be solely responsible for any medical advice provided to you in connection with your use of the Program. Novo Nordisk does not review or verify the accuracy of data provided by you (such data together with other data generated on you below referred to as the “User Data”). The Program does not replace consultation with and diagnosis by a healthcare professional and are not replacements for medical care and should not be used for medical emergencies.

5. ELECTRONIC COMMUNICATIONS

By enrolling in the Program, you consent to receiving e-mails from Novo Nordisk and its service providers. If you wish to unsubscribe from e-mail communications regarding the Program or any of its components, call us at 1-833-667-3475.

6. UPDATES

We may choose to update the Program from time to time, for example by adding new features and offering additional integrations. Following the update, you may no longer use the previous version of the Program and the updated version shall be deemed the version of the Program which is covered by the terms of this Agreement. Your continued use of the Program after the date of a change will serve as your consent to such changes.

7. INTELLECTUAL PROPERTY RIGHTS

Upon your acceptance of this Agreement, and so long as you comply with the terms of this Agreement, until either party terminates this Agreement, Novo Nordisk grants you a limited, personal, non-transferable and non-exclusive right to use the Program as it is intended to be used as described in the Program or in other materials provided by Novo Nordisk, all in accordance with the terms of this Agreement.

Novo Nordisk and its licensors own all right, title and interest to the Program, including all related websites, algorithms, software, systems, codes, methods, as well as the content that may be presented or accessed through our Program, the processes, methodologies, documents and other materials we use to provide the Program or that we provide to you in connection with your use of the Program, and all patent, copyright, trademark, trade secret, and other rights of any nature arising from or relating in any way to the Program (“Intellectual Property Rights”).

All Intellectual Property Rights are held by Novo Nordisk and its licensors, and no rights to any Intellectual Property Rights are granted to you except as set forth in this Agreement. Trademarks, logos, names and other symbols identifying Novo Nordisk or the Program are owned by Novo Nordisk and its licensors. You may not remove or alter any notice provided by Novo Nordisk on or in connection with the Program.

You may provide written or verbal feedback, suggestions, comments, or input to us relating to Program or other opportunities for our existing or future products, services and activities. By providing feedback to us, you grant to us the worldwide, non-exclusive, unrestricted, perpetual, irrevocable (on any basis whatsoever), royalty free right for us to use such feedback at our sole discretion, including through third parties, without any obligation to you for compensation, attribution, accounting or otherwise.

8. SUSPENSION AND TERMINATION

You may at any time cease your enrolment in the Program, terminate the Agreement and/or delete your user account by calling us at 1-833-667-3475 or sending an email to unsubscribe@nnpatientconnect.ca. You are not obligated to continue using the Program whether you terminate the Agreement or not.

In addition, we may delete your user account and/or suspend or terminate your right to use the Program if we have reason to believe that you have breached this Agreement.

Novo Nordisk may also suspend or terminate the Program altogether where we deem it necessary for any valid reason, including for health and safety reasons, for maintaining the integrity of the User Data, in connection with maintenance, for business reasons, or in case of events or legal developments that hinder or prevent our ability to offer the Program.

Novo Nordisk will have no liability for any deletion, suspension or termination in accordance with the above, but will strive to notify you in advance of any such deletion, suspension or termination.

If this Agreement is terminated for any reason, we may retain the User Data in accordance with our Privacy Notice and your rights to use the Program will immediately terminate. If your user account is deleted, we may immediately delete your User Data.

9. THIRD PARTY LINKS AND SERVICES

The Program may include software, data or other services licensed to Novo Nordisk by third parties. Your use of such third-party services is subject to the provisions of this Agreement, except as required otherwise by the third party. You must comply with the additional license terms required by the licensors of such third-party services which we provide or make available to you, for example through the Program.

Any use by you of any third-party software or equipment together with the Program is at your sole risk. Novo Nordisk has no responsibility or liability arising from your use of such third-party software or equipment, such as problems, inaccuracies or malfunctions in the Program, arising from such use.

The Program may also provide links to third party websites, the contents of which are not under Novo Nordisk's control. The linked sites were checked for potential illegal content at the time the link was established. No illegal content was determined. Novo Nordisk is unable to monitor the linked sites on a regular basis. Should Novo Nordisk become aware of any illegal content on the linked sites, the links will be deleted without delay.

10. COOKIES AND PERSONAL INFORMATION

We at Novo Nordisk lay great emphasis on the protection of your privacy and your personal information. Therefore, our technology systems used for the Program are set up according to appropriate technical and safety standards. We describe how we collect, use and protect your personal information, and how we use cookies, in our Privacy Notice. Please read the Privacy Notice carefully.

11. NO WARRANTIES

Except to the extent required by applicable law,

  1. the Program is provided “as-is” and on an “as available” basis without any warranty, express or implied, and you use the Program at your own risk;
  2. we disclaim all implied warranties or conditions, including any implied warranties of merchantability, fitness for a specific purpose or use, accuracy, operation, compliance with documentation and non-infringement;
  3. we do not make any warranty as to the results that may be obtained from the use of the Program;
  4. we do not make any warranties that the Program, or any data or reports provided by Novo Nordisk, will meet your requirements, be retrievable, uninterrupted, timely, secure, or error-free or that all errors will be corrected;
  5. we do not warrant that we will create or include additional features in the Program;
  6. we do not warrant any third-party device, software, service or data that you may use in connection with the Program, whether or not such third party are referred to by Novo Nordisk or made available through the Program; and
  7. we are not responsible for outages or defects in power, telecommunications and any other event outside of Novo Nordisk's control.

If you are dissatisfied with the Program, your sole and exclusive remedy is to discontinue your use of the Program, except as required by applicable law, including any mandatory consumer rights which apply to you.

12. LIMITATION OF LIABILITY

To the maximum extent permitted under applicable law, neither Novo Nordisk, nor its officers, directors, employees or agents shall be liable for

  1. any damages arising from the use of or inability to use the Program;
  2. your acts and omissions, or the acts and omissions of any third party; or
  3. any consequential, indirect, incidental, special, punitive or exemplary damages or damages resulting from loss of data or business interruption, regardless of the legal theory which the claim is based on, even if Novo Nordisk or a person affiliated with Novo Nordisk has been advised of the possibility of such damages.

In no event will Novo Nordisk's affiliates, licensors, suppliers and other third parties with which Novo Nordisk has a contractual relationship (including its and their officers, directors, employees, consultants, and agents) have any liability whatsoever arising from or relating to the Program, or this Agreement.

The above shall not limit or exclude liability where such liability is mandatory under applicable law and arises from death or personal injury resulting directly from willful or grossly negligent acts or omissions by Novo Nordisk or any of its employees or agents, or to any fraudulent misrepresentation or willful misconduct on the part of Novo Nordisk. Novo Nordisk shall not be liable for any damages or losses incurred by you to the extent that such damages or losses would have been prevented by you taking reasonable precautions to avoid such damages or losses. To the extent that we may not disclaim any implied warranty or limit our liabilities under applicable law, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law, and this Agreement will be deemed modified to the minimum extent necessary to comply with such applicable law.

13. INDEMNIFICATION

Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless Novo Nordisk, our affiliates, licensors, suppliers and other contract relationships (including the officers, directors, employees, consultants, and agents of each) from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from

  1. your use of the Program and any information you submit through the Program;
  2. your violation of this Agreement, or
  3. your violation of any rights of any other person or entity.

14. MISCELLANEOUS

Changes and additions. Novo Nordisk reserves the right to modify this Agreement at any time, and will notify you, for example through the Program, in case of such modifications. The Agreement will always indicate the date it was last revised. We may ask you to accept the new version of the Agreement in order to keep using the Program.

Severability. In the event that any provision of this Agreement would be held by a court to be void, invalid or unenforceable, such provision will be modified to the minimum extent necessary to be effective, and the other provisions of this Agreement will remain in full force and effect.

Assignment. We may assign this Agreement in whole or in part at any time without notice (except to the extent such notice is mandatory under applicable law, in which case such notice may be made via the Program). You may not assign this Agreement or transfer any rights to use the Program.

Entire agreement. This Agreement is the complete and final agreement between the parties relating to the Program, supersedes any prior agreements, and may only be modified as described in this Agreement. Failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

15. DISPUTES AND GOVERNING LAW

This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Ontario, Canada, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction.

Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by the Ontario courts in Toronto.

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including this section, affects your rights as a consumer to rely on such mandatory provisions of local law, or to raise disputes with the courts that have jurisdiction under such mandatory provisions.