Terms and Conditions

BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM WEBSITE

PLEASE READ THE FOLLOWING CAREFULLY. We strongly recommend that, as you read this agreement (the “Agreement”), you also access and read the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you.

IN EXCHANGE FOR STI PROVIDING THE SERVICE, AS DEFINED BELOW, TO YOU AND FOR STI GRANTING PERMISSION TO YOU TO REGISTER AND ACCESS THE SERVICE, YOU EXPRESSLY CONSENT TO THE COLLECTION, USE, RETENTION, AND DISCLOSURE OF YOUR PERSONAL INFORMATION FOR THE PURPOSES DESCRIBED IN THIS AGREEMENT AND YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT REGULATING THE USE OF THE SERVICE. YOUR CONTINUED ACCESS TO AND USE OF THE SERVICE CONSTITUTES YOUR CONTINUED ACCEPTANCE OF, AND AGREEMENT TO BE LEGALLY BOUND BY, THIS AGREEMENT, AS IT MAY BE REVISED. 

IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION OR DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE PROHIBITED FROM REGISTERING AND RECEIVING OR USING THE SERVICE

1. Description of Services

This Agreement describes the terms and conditions applicable to your use of the services and features of BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM and BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM WEBSITE (the “Service”), which is offered by Allergan Inc. (“Allergan”) and is owned and administered by STI Technologies Limited (“STI”). The benefits include, but are not limited to, tracking pharmacy claims history, assisting with adherence management, and the option to receive electronic news and other communications with respect to BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM.  You understand that STI and/or Allergan may add, remove or change any part or feature of the Service, without giving you notice. This Agreement applies to any part of the features of the Service added or changed by STI.

2. Personal Information and Privacy

STI’s privacy policy is available at www.smartsti.com/privacy (the “Privacy Policy”).

By entering into this Agreement with STI and by registering for and using the Service, you authorize STI to collect personal information about you. The personal information that you authorize STI to collect includes, but is not limited to, the following:
·         your name, address, and phone number;
·         your email address;
·         other contact information about you ;
·         your age and gender;
·         information about medications, medical devices or other health products (“Health Products”) that you use; and
·         other personal information that we may specify at the time of the collection and which you consent to the collection of.


In addition, you authorize STI to associate you and your BOTOX® CHRONIC MIGRAINE patient benefit card with:

  • information about the Health Products that you obtain from a pharmacy;
  • the identity of the pharmacy that provided the Health Products to you;
  • the total value and quantity of the Health Products that you obtain; and
  • the date you received the Health Products.

 You hereby expressly consent to STI using your personal information for the purpose of delivering the Service to you, managing the Service, conducting surveys, processing payments for medications, goods and services related to the provision of the Service, establishing and maintaining communication with you, contacting you to introduce new benefits available as part of the Service, to assist STI to comply with all regulatory requirements, and to comply generally with the law.

You hereby expressly consent to STI disclosing your personal information to STI’s affiliated companies, service providers, prescribers, providers, and claims adjudicators for purposes related to provision of the Service, as described in the Privacy Policy. In the event that Allergan chooses to work with a different service provider in relation to the BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM, or in the event that STI merges with, sells or transfers all or a portion of its business, assets or services to a third party, you agree that STI may transfer any Personal Information and/or Anonymous Information it has collected about you. You agree that in such circumstances, STI will be completely released of and held harmless from any and all liability with respect to you and the use, transfer, collection and retention of your Personal Information by such third party. You agree that such third party may use your Personal Information subject to these Terms and Conditions for the purpose of providing the Service. Please note that the third party may store or process your Personal Information outside of Canada and may therefore be subject to local legislation, which laws may differ from those in force in Canada.

Information that you provide to STI will be used to prepare anonymous information that does not identify you.  This anonymous information will be shared with Allergan for purposes related to provision of the Service and to others as described in the Privacy Policy, including government, Allergan, and others involved in health care.  You hereby expressly consent to STI using and disclosing anonymous information that it has collected in the manner described in the Privacy Policy, which includes preparing reports containing anonymous information to disclose to third parties, including government, Allergan, and others involved in health care.

If you object to your personal information being collected, used, or disclosed in any way that is described in this Agreement or in the Privacy Policy, do not accept these terms and conditions.  You will not be able to use the Service or the BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM WEBSITE.

3. Use/Instructions

Once the BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM website has been accessed by you to activate your BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM STI CARD, you authorize STI to accept that you agree to be responsible for any instruction given by you or purported to be given by you. Any instruction will have the same legal effect as if it was a written instruction and signed by you. You are responsible for keeping your BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM STI CARD and related account information confidential.  STI is not liable to you for any transaction made to or from your accounts by any other party using your BOTOX® CHRONIC  MIGRAINE PATIENT SUPPORT PROGRAM STI CARD. After successful registration of your BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM STI CARD, your card will activated to obtain the Service. Simply present the card to the pharmacy when purchasing your medication or health services included under the BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM.

4. BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM CARD

Your BOTOX® CHRONIC MIGRAINE PATIENT SUPPORT PROGRAM CARD is for your personal use and cannot be used by others to obtain the Service.

5. Representations and Warranties

By accepting these terms and conditions and by using the Service, you represent and warrant to STI that you have attained the age of majority in your jurisdiction of residence. If you are accepting these terms on behalf of another person, you represent and warrant to STI that you have the legal right to give consent on behalf of that person to provide personal information about that person.

6. Prohibited Use

You will not (i) provide untrue, inaccurate or incomplete information about yourself that is entered in your user profile; (ii) access or use the Service for an illegal, fraudulent, malicious or defamatory purpose, or (iii) take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the Service (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person). You agree that your use of the Service shall not violate any applicable local, provincial, national or international law. You agree not to impersonate another person in your use of the Service or the sending of any e-mail to an address listed on any STI website.

7. Proprietary Rights

(1) Except as otherwise noted, all materials on this website, including, without limitation, text, data, information, images, illustrations, audio clips, video clips, and surveys are protected by intellectual property rights owned and controlled either by STI, Allergan Inc. or its affiliates and subsidiaries. Material from the Service website may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of STI or Allergan Inc. or except as specifically permitted on this website. Modification of material or use of material for any purpose other than for participation in the Service is a violation of copyrights and other intellectual property rights.

(2) Except as otherwise noted, the trademarks, logos and service marks that you see on this website are registered and unregistered marks of STI and Allergan or its affiliates and subsidiaries. Nothing in this website grants any license or right to use any marks displayed on this site without the written permission of the owner of the mark. Your misuse of the marks displayed on this website or any other content on this website is strictly prohibited.  The trademarks BOTOX® and BOTOX® MIRGRAINE PATIENT SUPPORT PROGRAM™ are owned by Allergan Inc. and used by STI under license.

(3) STI makes no representation that materials on the site are appropriate or available for use in locations other than Canada. Those who choose to access this site from locations outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply.

8. Disclaimer

The Service and materials in this website are provided “as is” and without warranties of any kind either express or implied, unless otherwise specifically noted herein.

9. Termination

This Agreement is effective until terminated. STI may terminate your right to use Service immediately, without notice to you if, in the sole discretion of STI, you fail to comply with any of these terms and conditions of use or engage in any fraudulent activity. In the event of termination, you are no longer authorized to access the benefits of the Service and the restrictions imposed on you with respect to material copied or downloaded, the disclaimers and limitations of liabilities set forth in these terms and conditions of use, shall survive the termination of this agreement.

10. Governing Law

This Agreement is governed by and shall be construed in accordance with the laws of the Province of Nova Scotia without giving effect to any principles of conflicts of law. You agree to bring any claims against STI exclusively in the courts of Nova Scotia. If any provision of these terms of use proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.

11. Liability Limit

YOU AGREE THAT STI, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ITS SUPPLIERS ARE NOT LIABLE FOR LOST PROFITS OR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROPERTIES, THE SERVICE, OR THIS AGREEMENT, REGARDLESS OF WHETHER STI WAS NEGLIGENT. YOU AGREE THAT STI IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.
IF YOU ARE DISSATISFIED WITH THE SERVICE, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

12. Indemnity

You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees (on a solicitor/client basis), made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

13. Electronic Communications

We will send you email only if you have provided us with your email address and have asked us to communicate with you by email.  You agree that all agreements, notices, disclosures, and other communications that STI provides to you electronically satisfy any legal requirement that such communications be in writing.  You can unsubscribe from our email list by following the unsubscribe link found on all STI email communications or by contacting STI Customer Service.

14. No Agency

You and STI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

15. Changes to the Agreement

Other than as required by law, STI can change this Agreement by giving you notice of the change. STI can give the notice either before or after the change takes effect. If STI gives you notice before the change takes effect, and then if you use the Service after the date of the change, you agree and consent to the change. If STI gives you notice after the change takes effect, and then if you use the Service after the date of the notice, you agree and consent to the change.

16. Entire Agreement

This Agreement includes the terms and conditions herein, those incorporated by reference, and the Privacy Policy. These terms and conditions, any terms and conditions incorporated by reference, and the Privacy Policy constitute the entire agreement between you and STI related to the Service.

BOTOX®  is a  registered trademark of Allergan Inc.