PHARMACHIEVE END USER AGREEMENT

Last Modified: May 14, 2026

PharmAchieve Corporation Ltd. (“PharmAchieve”, "we", "us" or "our") is a corporation formed pursuant to the laws of Ontario, Canada. In consideration for permitting your access to our website and services, our training sessions (where applicable), and other good and valuable consideration, you agree as follows:

These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of our online and in-person training sessions, in addition to our websites, including our online courses and course platform hosted at https://pharmachieve.com/, https://qbank.pharmachieve.com and related domains and subdomains (collectively the “PharmAchieve Platform”).

THESE TERMS HAVE PROVISIONS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU.

IN ADDITION TO THESE TERMS, IF YOU SIGNED UP FOR A COURSE WITH AN IN-PERSON TRAINING COMPONENT, YOU WILL BE REQUIRED TO EXECUTE A LIABILITY WAIVER TO ATTEND ANY IN-PERSON TRAINING SESSIONS. A COPY OF THE LIABILITY WAIVER WILL BE MADE AVAILABLE WITH YOUR COURSE MATERIALS. YOU MAY ALSO CONTACT US TO RECEIVE A COPY IN ADVANCE OF YOUR ATTENDANCE AT THE APPLICABLE IN-PERSON TRAINING SESSION. THE LIABILITY WAIVER FURTHER LIMITS OUR LIABILITY AND RESTRICTS CLAIMS AGAINST US AND OUR AFFILIATED AND RELATED ENTITIES AND PERSONS IN RESPECT OF DAMAGES, PERSONAL INJURY AND DEATH ARISING FROM, OR IN CONNECTION WITH, IN-PERSON TRAINING SESSIONS.

You must review these Terms carefully before using the PharmAchieve Platform. By using PharmAchieve Platform, you, the user ("you" or "your"), represent and warrant that (i) you are at least 18 years old; and (ii) you have read and understood these Terms and agree to be bound by them.

If you are using the PharmAchieve Platform on behalf of, or in the employ of, an organization (corporation, trust, partnership, college, university etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and PharmAchieve Corporation Ltd.

AMENDMENTS

As the PharmAchieve Platform continues to evolve, we may, at any time, revise these Terms and our policies by updating this page or the page hosting the relevant policy. The date of the last version of these Terms is posted above. As you are bound by these Terms each time you use the PharmAchieve Platform, you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the PharmAchieve Platform after such amendments have been posted. If you do not agree with the amendments, you shall immediately stop accessing the PharmAchieve Platform and terminate your account, subject to the terms provided for herein. We may also undertake to send you an email or display notice of any changes to the Terms or policies on the platform.

PRIVACY

We use the personal information you provide us in accordance with our privacy policy, which is incorporated by reference and available online at https://qbank.pharmachieve.com/privacy.php. By using the PharmAchieve Platform, you consent to such processing and you represent to us that all information provided by you is accurate.

In addition to our privacy policy, you agree that if your account on our platform is paid, arranged, or reimbursed by or through a third party (such as a college, university, employer, or sponsoring organization), we may share your exam grades, results, and access details with that third party.

ABOUT THE PHARMACHIEVE PLATFORM

Our platform, in-person, and online training sessions provide pharmacists with continuing education courses, including those accredited by CCCEP, as well as courses to help pharmacy students prepare for Pharmacy Examining Board of Canada (“PEBC”) exams. We are a government-certified educational institution but are not a degree-granting institution, college, or university, nor are we affiliated with the PEBC.

ESTABLISHING AN ACCOUNT AND LICENSING COURSE MATERIALS

To use the PharmAchieve Platform and subscribe to any of our courses, you will be required to register an account and provide certain personal information as referenced in our privacy policy.

Whether you pay for your account or subscription directly or not, you agree that access to your account (and training sessions, where applicable) constitutes good and valuable consideration in exchange for agreeing to these Terms, our privacy policy, and all other documents, liability waivers, and policies incorporated by reference.

Upon establishing an account, we grant you a non-transferable, non-exclusive, non-sublicensable, personal use license to access the PharmAchieve Platform via your account and any applicable content such as lecture notes, sample forms, flashcards, study guides, summary sheets, interactive simulations, question bank(s), quizzes, practice exams and any other content or information provided to you in connection with your account or training sessions (the “Course Materials”). The grant of license to access the Course Materials shall last for the duration of your paid subscription. However, we reserve the right to revoke your license and your account access to the PharmAchieve Platform if we reasonably believe you are in breach of these Terms. Aside from providing you with access to the Course Materials for the duration of your paid subscription, we make no representations or warranties as to the ongoing availability of the PharmAchieve Platform, or your access to it.

In connection with any license you purchase to access Course Materials, you may print out the lecture notes, study guides, sample forms, flashcards and summary sheets solely for your own non-commercial use. However, you are not permitted to share or distribute the Course Materials with others, or to sell or commercialize in any manner, or sublicense any portion of the Course Materials. Nor are you permitted to print out or share, in any manner, exam or quiz questions, or interactive simulations. For greater certainty, no part of any Course Materials may be copied for resale or other commercial use, or offered for sale or reproduced or distributed on any website, discussion forums, study groups, online chats, file sharing sites or distributed file sharing mechanisms, such as bit-torrent.

However, if you are enrolled in a multi-part access plan, all downloadable Course Materials are provided under a limited, revocable license strictly tied to maintaining active access or completing your full multi-part plan. If your multi-part plan is canceled, suspended, or lapses due to non-payment prior to full completion, this license is immediately revoked. Upon revocation, you are legally required to immediately delete, destroy, and cease using any saved, downloaded, or printed copies of our Course Materials.

ACCOUNT NOT TRANSFERRABLE

Access to your account is not transferable and is only intended and permitted to be used by you, the individual for whom the account was established for, even if your account is paid for or made accessible to you by an organization (such as your university, college or other third party). As a result, you are not permitted to change the name associated with your account, or to use, upgrade or extend an account licensed to another party.

Criminal Liability Notice Under section 42(1) of the Copyright Act, it is a criminal act to knowingly make available for sale a copyrighted work without permission of the copyright owner; no such permission is given.

ACCOUNT SECURITY

Upon initial login, you will be required to set a new password. You are responsible for safeguarding the password you use to access the PharmAchieve Platform and you agree not to disclose your password to any third-party.

You agree to use a unique password for your account which you do not use for any other online service. As we may send password reset notices and links to your email account registered on the PharmAchieve Platform (i) you are responsible for ensuring that the name you have supplied is your full legal name, and that the name, email address, address, phone number and PEBC ID (if applicable) provided to us are true and accurate; and (ii) you represent and warrant to us, and agree that you will ensure, you are the sole person, at all times, with access to the email account registered in connection with your account.

You agree you are responsible for any activity on your account and all correspondence provided to us from any email address or phone number used to register your account, whether or not you authorized that activity or correspondence. You agree that we are, in respect of any instructions or actions taken by a person using your account, entitled to assume that the person is you; the person whose name and personal information is registered and associated with the account.

You must immediately notify us of any unauthorized use of your account.

You must inform us in writing of any changes to your contact details and other information provided to us, including, but not limited to, your email address.

While we and our third-party software and technology providers take certain security measures in relation to the PharmAchieve Platform, you acknowledge that the technical processing and transmission of the PharmAchieve Platform and related data and information, including your account data and information, will involve transmissions over various networks and devices, including networks and devices not owned or controlled by us. We rely on a number of third parties to make the PharmAchieve Platform available, including data and web hosting providers. You accept all risks in using the PharmAchieve Platform and, indirectly, our use of such third-party providers. You agree and acknowledge that when using online platforms, there is always a risk of unauthorized access to and use of your information, including your personal information. So long as we were not directly and grossly negligent in the protection of your information, you accept such risks and agree not to hold us liable or responsible for any damages you may suffer as a result.

DISCLAIMER REGARDING PHARMACEUTICAL FORMS

Part of our Course Materials, or documents we make available online, may include sample forms. All forms are to you subject to these Terms, including for example, the license granted above, in addition to the limitation of liability and indemnification.

You acknowledge that these Terms have indemnification and hold harmless provisions applicable to claims for damages you or others suffer arising from or connected to the use of, or reliance upon, our Course Materials, including all forms.

You are not permitted to share forms obtained from us with others, whether for commercial or other purposes.

You acknowledge PharmAchieve is not a pharmacy or health care provider. All our forms are educational resources only, intended to illustrate basic documentation for pharmacists in Ontario, Canada.

If you choose to use a form, or any information on a form provided by us, you use the form at your own risk and you take sole responsibility for such use.

The forms are provided with no representations or warranties whatsoever, including the implied warranty of fitness for a particular purpose. You should not assume our forms are fit for use in your pharmacy practice. Forms may require amendment or modification to suit your circumstances and purpose.

The forms are not, nor are they intended to be, medical advice or a treatment recommendation. Nor does completing a form constitute a diagnosis. The forms do not serve as a substitute for an individual patient assessment by a regulated and qualified medical professional. To meet your professional and other obligations, you may be required to ask for information not contemplated on a form, including, for example, factors unique to an individual patient. The forms are not suitable for all situations or medical conditions, nor do they cover all uses, precautions, side effects, warnings, and interactions related to pharmaceuticals or treatments.

The forms should not be relied upon or construed to indicate that the use of a pharmaceutical treatment is safe, appropriate or effective for a specific individual, or at all. While we may update our forms (and it shall be your obligation to check for such updates on our website), none of the forms are guaranteed to (i) be up to date (ii) be error-free, or (iii) include all relevant information or questions. It is your responsibility to evaluate if a form meets your needs and allows you to comply with your professional obligations and applicable standards of care.

Regardless of whether a form refers to specific pharmaceuticals or pharmaceutical companies, PharmAchieve does not recommend or endorse any specific pharmaceutical products, brands or companies listed on a form. As medical and pharmaceutical information and standards of care change, you should consult a variety of professional sources before filling prescriptions, prescribing pharmaceuticals and not rely upon our forms. You should review the product information sheet and monograph from the applicable manufacturer accompanying each drug to verify conditions of use and identify any changes in dosage schedule or contraindications, particularly if the pharmaceutical is new, infrequently used or has a narrow therapeutic range.

ACCEPTABLE USE OF THE PHARMACHIEVE PLATFORM

In using the PharmAchieve Platform or any resources or any group chat or instant messaging groups (such as WhatsApp) we may permit you to use, you agree, and you represent and warrant to us and all other users of the Platform that you:

1. Will not access the Platform from more than one device simultaneously (concurrent login). You may register up to three (3) distinct devices (your "Authorized Devices") for use on your account, which may include no more than one mobile phone. To prevent account sharing, a device within your list of Authorized Devices cannot be removed or substituted for another device until a security period of four (4) days has elapsed since that device was last used. Login attempts from additional devices or concurrent sessions may trigger an automatic security lockout;
2. Will only use the account for your personal use and will not disclose your password or transfer your account to any third party, or allow any third party to access your account or the contents of our platform which require account access;
3. Will not impersonate any person or entity;
4. Will not remove, alter or obscure or tamper with any copyright, watermarks, encrypted data, metadata, notices, technological protection measures, or rights management information included with Course Materials;
5. Will not engage in any attempt to circumvent any security or technological protection measures, such as encryption used to prevent the reproduction or copying of Course Materials;
6. Will not use the PharmAchieve Platform in a way that has any unlawful or fraudulent purpose or effect;
7. Will comply with all applicable laws, rules and regulations;
8. Will not use or disclose personally identifiable information belonging to others except (i) with their consent; and (ii) in accordance with applicable privacy laws, rules and regulations;
9. Will not upload, copy, distribute, share or otherwise use or generate data or content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, sexual in nature, threatening, racially or ethnically offensive or abusive, that would violate a third party’s rights (including their intellectual property rights), constitute or encourage a criminal offense or give rise to civil liability or damages;
10. Will not upload, transmit, disseminate, post, share, store, use any content, data or information, perform any services or do anything that infringes on, or contributes to any infringement of, any intellectual property rights; including copyright, trademark, patent or trade secret rights, whether of ours or any third party;
11. Will not upload, copy, distribute, share, create or otherwise use content, code or information that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or communications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner's express consent;
12. Will not use any software bot, take screenshots or implement any data scraping techniques that access the PharmAchieve Platform or Course Materials to scrape, capture or pull data or information for any purpose, whether such data or information was displayed publicly or not.
13. Will not collect, harvest or store any personally identifiable information, including user account information, from us;
14. Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the PharmAchieve Platform and its underlying software code or Course Materials; and
15. Will not circumvent, disable, violate or otherwise interfere with any security-related feature of the PharmAchieve Platform.
16. Will not make unreasonable demands of PharmAchieve and/or our instructors with respect to how courses are taught or managed;
17. Will not promote conflict between or among other End-Users, students, faculty or PharmAchieve’s management;

We may, but have no obligation to, remove or suspend users from the PharmAchieve Platform that we determine, in our sole discretion, to have, or which may reasonably appear to have, violated these Terms. If you are removed from the PharmAchieve Platform as a result of a breach of these Terms you will not be eligible for a refund or to enroll in other courses in the future at our sole discretion.

You agree that we may log your internet protocol (“IP”) address and device information to ensure you have not shared your account with others or that your account is being accessed by more than one device at the same time and you agree to not use a VPN, proxy, relay or other technology that seeks to mask your identity, IP address, or location as determined by IP geo-location.

If you are in breach of these Terms by, among other things, permitting multiple IP addresses and/or MAC addresses to access your account at the same time, we may (i) remove your account access and not issue a refund; (ii) bill you (and you agree to pay for the same subscription you have) for each other device or IP address that accessed your account without duly paying for their own subscription; and (iii) seek any other damages or remedies from you as may be available at law.

FEES

Our fees for using and subscribing to courses on the PharmAchieve Platform are displayed online at https://pharmachieve.com/register. Unless your account access is paid for directly by an institution pursuant to a separate agreement, by agreeing to these Terms, you agree to pay all fees associated with or arising from your account. Our fees are subject to change from time to time.

You agree to pay any and all sales taxes, whether Canadian or foreign, applicable to this agreement or arising in any way from your account and access to and use of the PharmAchieve Platform.

INSTALLMENT PLANS

We may offer the option to purchase access to the PharmAchieve Platform using installment payments for certain courses (e.g. a 2 or 3 installment plan). The cost to purchase a course using installments is higher than an upfront payment and you commit to making a payment every 30 days until all payments have been made.

MULTI-PART ACCESS PLANS AND MANUAL RENEWALS

We may offer the option to purchase access to the PharmAchieve Platform using a multi-part access plan (e.g., a 2-Part or 3-Part Plan). The total overall cost to complete all parts of a multi-part plan is higher than buying the full course with a single upfront payment.

By selecting a multi-part plan, you are purchasing a pay-as-you-go subscription. This is not a credit agreement, a loan, or a debt, and you do not have to purchase future access periods. Under these pay-as-you-go plans:

Manual Renewal Schedule: Your initial payment grants you 30 consecutive days of full platform access. To maintain uninterrupted access, you must manually initiate your next payment on or before your scheduled renewal dates (e.g., Day 30 and/or Day 60). We will email you a payment reminder with instructions on how to submit your payment prior to your access expiring. The final payment in your plan unlocks access for the remaining duration of your course term.

Lapsed Access and Loss of Service: Because this is a manual, pay-as-you-go plan, you choose whether or not to renew. If you do not successfully complete your next payment by your scheduled renewal date, or within our 5-day grace period, your Platform access (including the right to attend any future Live Sessions) will lapse and be suspended. There are no monetary penalties, interest charges, or late fees for lapsed multi-part plans. There is no right to resume a plan once lapsed, though PharmAchieve reserves the right to allow reinstatement at its sole and absolute discretion.

Revocation of Downloaded Materials: All downloadable Course Materials and PDFs are provided under a limited, revocable license strictly tied to maintaining active access or completing your full multi-part plan. If your plan lapses or is suspended due to non-payment prior to full completion, this license is immediately revoked. You are legally required to immediately delete, destroy, and cease using any saved or printed copies of our intellectual property.

Refunds: Payments for access periods that have already been unlocked are non-refundable. Choosing not to renew prevents future payments, but does not initiate a refund for previously granted access.

NO REFUNDS

Given the nature of our platform and that you will immediately gain access to the platform’s contents and Course Materials upon registering and paying for your account, we do not offer refunds.

However, if we elect to no longer make the PharmAchieve Platform available to any users part-way through your subscription, we agree to refund part of your subscription fees, on a pro-rata basis, based on the number of days you will not be able to access Course Materials you have subscribed to.

If you pay for a course or subscription with an in-person or online training component scheduled for a specific date, you agree that we may alter the course dates where necessary including as a result of force majeure events. Such force majeure events are further described below under the heading "Extraordinary Events / Force Majeure".

MISSED DAYS AND TRANSFERS

Some of our courses include live training with an instructor ("Live Sessions"), which take place online, or in-person at a specific location, and at a specific date and time or series of dates/times (a "Semester"), with the location, date(s) and time(s) of such Live Sessions specified to you at the moment of registration ("Scheduled Date(s)/Location").

You agree that:

(i) attendance at the Scheduled Date(s)/Location for any Live Sessions are your sole responsibility, and that
(ii) your absence or late arrival at any Live Session(s) will not entitle you to a credit or refund, or otherwise entitle you to attend the course at a different date, time, or location at no charge.

If you wish to transfer to a different date or a different Semester, you may request a transfer, with advance notice, by emailing info@pharmachieve.com with your request, including the date/time you wish to transfer to, and in the case of in-person courses, your preferred location. All transfer requests are processed on a first-come-first-served basis and are subject to availability at the sole discretion of PharmAchieve. We request immediate notification of such transfer requests, as your transfer may affect other students.

For further clarity:

1. For the MCQ and Evaluating Exam Preparatory Courses, we will, upon request, at no charge, transfer the student from the current Semester to the following Semester, if such request is received within 24 hours of registration or prior to the commencement of lectures. You can only request a transfer once without charge and only to the following semester.
2. For our Injections Certificate courses and Kroll Certification courses you may request a transfer to a different date by providing at least 2 business days' advance notice prior to the commencement of your sessions. A $150 + tax transfer fee applies.
3. For our OSCE and OSPE preparation courses, transfers will be handled on a case-by-case basis. You can only request a transfer once without charge and only to the following semester.

For all courses with Live Sessions, if you do not show up to your Scheduled Date without providing advance notice, you will not be able to attend the course at a future date unless you pay the fee for retaking the Live Sessions of that course, subject to the availability of spots in a future course at the sole discretion of PharmAchieve.

USAGE IS THE RESPONSIBILITY OF THE STUDENT

As the majority of our costs are concentrated in providing you access to the course materials, non-usage or low usage of our course materials or extensions (whether they are associated with Live Sessions or not) does not entitle you to receive additional time in lieu of the unused or low-usage days at a later date. Usage is the sole responsibility of the student.

COURSE EXTENSIONS AND ELIGIBILITY

Extensions are a Privilege, Not a Right
Course extensions beyond those advertised at the time of purchase are available solely at the discretion of PharmAchieve. The purchase of an initial course does not grant you a perpetual right to renew or extend your access indefinitely. Extensions for PEBC Preparatory materials are intended solely for duly registered students. who have recently completed a session, and have not yet passed the PEBC exam for which the course was intended. Course extensions in courses unrelated to preparing for the PEBC exams may also be available at the discretion of PharmAchieve.

The "Two-Year Gap" Rule for PEBC Courses and Question Banks

To ensure academic integrity and exam readiness, you are not eligible to purchase a course extension for a PEBC prep course or question bank if there has been a gap in your active enrollment of twenty-four (24) months or longer.

1. Mandatory Re-enrollment: If more than 24 months have passed since your last date of active access, you must re-register for the course or question bank again to access it;
2. Profile Reset: Upon re-enrollment after a 2-year gap, your previous academic data (including quiz grades, completion status, and analytics) will be reset following re-purchase of the course. It is your responsibility to email us at info@pharmachieve.com to ensure this is done prior to commencing your studies. This is a mandatory academic requirement to ensure your predictive metrics are based on the current syllabus and your current level of knowledge.

Non-Eligible Purchases & Order Cancellation

Some of our products and services (including course extensions) have strict eligibility requirements, and some are restricted to specific groups, employers, colleges, universities or organizations. We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction, or organization and to verify eligibility at any time.

In addition PharmAchieve must comply with Canadian laws which restrict whom and where we can sell products and services to. You represent and warrant that you are not a designated person or entity under the United Nations Act (UNA), the Special Economic Measures Act (SEMA), or the Justice for Victims of Corrupt Foreign Officials Act (JVCFOA). You further warrant that you are not accessing the PharmAchieve Platform from, nor are you physically present, or ordinarily resident in, any jurisdiction subject to comprehensive trade sanctions or embargoes. We reserve the right to verify your identity and location at any time to ensure compliance with these regulations.

1. Voiding Transactions: You agree that if you purchase a product for which you do not meet our specified eligibility criteria - regardless of how the purchase was accessed or processed by our system - we reserve the right to void the transaction, revoke access, and issue a refund; or to provide you a path to enroll in a similar product that you are eligible for;
   
2. No Waiver: The receipt of an email order confirmation does not constitute our acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notice, to refuse service to any customer who does not meet our eligibility policies.

PROHIBITED USE OF MATERIALS WITH ARTIFICIAL INTELLIGENCE

The content, materials, and intellectual property provided by PharmAchieve (including but not limited to written materials, notes, questions, visual aids, audio recordings, videos, flashcards, proprietary algorithms, or any other media, collectively "Materials") are protected by copyright under the Copyright Act (Canada) and copyright laws in other jurisdictions.

You agree that your license to use the Materials for "personal study purposes" expressly excludes the right to feed, upload, or input the Materials into any automated software, AI system, or machine learning tool. You represent and warrant that you will not use the Materials to train, fine-tune, ground, or prime any artificial intelligence system, whether hosted by a third party (e.g., ChatGPT, Gemini, Claude, NotebookLM) or hosted locally on your own hardware.

For greater certainty, you are strictly prohibited from using the Materials for:

1. RAG (Retrieval-Augmented Generation): Uploading Materials to create vector embeddings, indexes, knowledge bases, or "custom GPTs" that allow an AI to query, retrieve, reference, or "chat" with the Materials.
2. Training & Fine-tuning: Using the Materials to adjust the weights, parameters, or logic of any AI model.
3. Synthetic Data Generation: Using the Materials to generate synthetic data, derived datasets, or similar question/answer patterns to train another AI model or system.
4. Media & Audio Generation: Processing the Materials to generate summaries, "deep dive" conversations, audio overviews, podcasts, or conversational scripts (e.g., via tools like Google NotebookLM), regardless of whether such outputs are kept private or distributed publicly on platforms like Spotify or YouTube.

Assignment of Unauthorized Works
If you create any datasets, algorithms, audio files, podcasts, embeddings, fine-tuned models, or other derivative works (collectively, "Unauthorized Works") in violation of this section, you hereby assign to PharmAchieve all right, title, and interest in and to such Unauthorized Works, including all intellectual property rights and moral rights, effective immediately upon their creation.

Power of Attorney
To ensure the effectiveness of the foregoing assignment, you hereby irrevocably appoint PharmAchieve and its authorized officers as your true and lawful attorney-in-fact, with full power of substitution, to execute, verify, and deliver any documents (including strict takedown notices to platforms like Spotify, Apple Podcasts, GitHub, or OpenAI) on your behalf which PharmAchieve may deem necessary to perfect or enforce its rights in the Unauthorized Works. You acknowledge that this power of attorney is coupled with an interest and is irrevocable.

Human Access Only
You acknowledge and consent that PharmAchieve employs automated fraud-detection algorithms to monitor account activity. Patterns indicative of non-human behavior or non-human consumption will result in suspension of the account pending manual review.

Consequences of Breach
You acknowledge that using the Materials in any way described above (or the mere existence of AI outputs or derivatives containing or based on PharmAchieve IP) constitutes a material breach of this Agreement. Such a breach entitles PharmAchieve to:

1. Terminate your access to the platform immediately without a refund;
2. Pursue all available contractual remedies, including injunctive relief to force the deletion or removal of the content;
3. Seek monetary damages and recovery of legal fees; and
4. Subject you to legal action in Canada or other relevant jurisdictions for infringement of PharmAchieve's copyright in the Materials.

ACCEPTANCE OF RISK AND DISCLAIMERS

The PharmAchieve Platform is provided on an "as is, and “when available” basis without warranty of any kind, including but not limited to, all implied warranties and conditions of merchantability and fitness for a particular purposes. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.

We are not a degree-granting institution, college or university, nor are we affiliated with any testing agencies. We do not guarantee that your use of our platform will result in the ability to pass any tests, accreditations or exams.

The content on the PharmAchieve Platform is, in many instances, acquired from third-party sources. We do not guarantee the accuracy or currency of the content on the PharmAchieve Platform. The Course Materials describe basic principles of diagnosis and therapy and are no substitute for individual patient assessment based upon the examination of each patient and consideration of other factors unique to the patient. Most standardized tests and continuing education are based on consensus guidelines or textbooks, that, by their very nature, lag behind the latest scientific information. Additionally, information may become outdated, or otherwise be inaccurate and may not yet have been updated or based on the latest information. You are responsible for confirming the accuracy of all information on the platform and the correctness of any exam answers. You should consult a variety of sources, and additionally, if you are prescribing medications, you must check the product information sheet accompanying each drug and drug monograph to verify conditions of use and identify any changes in dosage schedule or contraindications, particularly if the agent to be administered is new, infrequently used or has a narrow therapeutic range. If you believe any information is outdated or otherwise incorrect, please contact us.

Accordingly, you should not rely on our content or exam answers being correct for medical or treatment purposes. You should do your own research, consult a variety of sources, and seek medical advice from healthcare professionals to confirm the contents of the PharmAchieve Platform.

Without limiting any other section of these Terms, you agree that we shall not be responsible for any damages you suffer arising from the acts or omissions, including the negligent acts or omissions, of other users on the PharmAchieve Platform, our independent contractors, payment processors or third-party service providers. Our third-party service providers include payment processors, website and data hosting providers and others.

You agree that, while we strive to keep the PharmAchieve Platform error-free and uninterrupted, we do not guarantee the absence of errors or interruptions. You agree that we shall not be held liable for any damage such errors or interruptions may cause. We make no representations and grant no warranties as to the uptime of the PharmAchieve Platform.

We may also perform scheduled maintenance, and may also experience unplanned downtime, which will result in the PharmAchieve Platform being unavailable for certain periods of time.

LIMITATION OF OUR LIABILITY

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, LICENSORS, EMPLOYEES, OR CONTRACTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL DAMAGES FOR WHICH WE SHALL NOT BE LIABLE TO YOU, INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PERSONAL INFORMATION OR ANY OTHER BUSINESS OR ECONOMIC DISADVANTAGE SUFFERED BY YOU, ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH US, THE USE, OR FAILURE TO BE ABLE TO USE, THE PHARMACHIEVE PLATFORM, THE COURSE MATERIALS, TRAINING WITH AN INSTRUCTOR (WHETHER LIVE OR RECORDED) OR ANY RELATED PRODUCTS OR SERVICES.

IF YOU ARE DISSATISFIED WITH THE PHARMACHIEVE PLATFORM OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, LICENSORS, EMPLOYEES, OR CONTRACTORS THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PHARMACHIEVE PLATFORM.

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT APPLICABLE LAW DOES NOT PERMIT US TO CONTRACT OUT OF SUCH LIABILITY, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF THE PHARMACHIEVE PLATFORM, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU TO US (DIRECTLY OR INDIRECTLY), TO ACCESS THE PLATFORM AND SUBSCRIBE TO COURSE MATERIALS.

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE PHARMACHIEVE PLATFORM WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

INDEMNIFICATION

You agree to indemnify us, our employees, shareholders, directors officers, licensors and contractors and to defend and hold each of them harmless, from any and all claims, damages, personal injury, death, harm, loss and liabilities (including reasonable legal fees) that may arise from (i) your violation of these Terms or any policy incorporated by reference; (ii) your reliance upon Course Materials, including a sample form; (iii) your violation of any third-party right; (iv) any breach of a representation or warranty made by you to us, either in these Terms, privacy policy or otherwise; or (v) any claim for damages suffered by another user of our service which you caused or contributed to.

You agree that any provision of these Terms in which you covenant or which obligates you to limit the liability of, hold harmless or indemnify any person or entity who is not a party to this agreement (such as PharmAchieve’s directors, officer, shareholders, employees, licensors, contractors and others), that such covenants and obligations are accepted by PharmAchieve as agent and trustee for each such third-party. PharmAchieve declares itself trustee of such covenants and each such third party; such covenants and obligations may be enforced by PharmAchieve on behalf of any such third party.

PROPRIETARY RIGHTS

The PharmAchieve Platform contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties. You are not permitted to copy or distribute any content (including but not limited to Course Materials, text, exam questions, quizzes, software code, images, trademarks, videos and audio) on or underlying the PharmAchieve Platform without the express consent of the owner.

All rights, title and interest in and to the PharmAchieve Platform are and will remain the exclusive property of PharmAchieve Corporation Ltd. and our licensors.

The PharmAchieve Platform and all content thereon (including Course Materials) are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. Except as expressly permitted in these Terms under the personal use license granted herein, you agree not to reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the PharmAchieve Platform or any Course Materials or content, without our express written consent.

If you create any translation, modification, or derivative work of the Course Materials, whether authorized or unauthorized, and whether generated manually or by automated means, you hereby irrevocably assign, transfer, and convey to PharmAchieve all right, title, and interest in and to such works, including all intellectual property and moral rights, effective immediately upon their creation.

You are not permitted to use any trademark or trade name of PharmAchieve Corporation Ltd., including our logo, without our express permission.

YOUR CONTENT

The PharmAchieve Platform may permit you and other users to upload and post content ("User Content"). You own your User Content, provided that such User Content does not contain, constitute, or incorporate any translations, copies, or derivative works of the Course Materials or PharmAchieve's intellectual property. However, we may review your User Content and delete it from our platform in our sole and absolute discretion.

In connection with your User Content, you affirm, represent and warrant that you own or have the necessary licenses, rights, consents and/or permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Content in the manner contemplated by the PharmAchieve Platform.

You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the PharmAchieve Platform in order to facilitate the ordinary use of the PharmAchieve Platform.

We do not consider proposals or ideas, including, without limitation, ideas for new products, technologies, promotions, product names, product feedback and product improvements you provide us (“Feedback”) to be confidential information. If you send any Feedback to us, you acknowledge and agree that we shall not be under any obligation of confidentiality with respect to the Feedback and nothing in these Terms limits or restricts our right to independently use, develop, evaluate, or market products or services, whether incorporating the Feedback or otherwise.

By displaying your User Content and the content of other users on our platform, we do not endorse that content or its accuracy or reliability. We make no representations or warranties in respect of such content. You review, access and rely on that content at your own risk.

WHATSAPP ACCESS AND CONDUCT

Although some of our courses may provide access to study groups through WhatsApp, such access to groups within WhatsApp is only provided as a courtesy and you have no right or automatic entitlement to access WhatsApp groups or chats. Your conduct in any WhatsApp group is subject to these Terms, PharmAchieve’s WhatsApp Policy (as amended from time to time) and the applicable WhatsApp terms of use, for which PharmAchieve has no responsibility. You are not permitted to initiate any direct communications through WhatsApp to PharmAchieve instructors or staff and your enrollment may be terminated for sending such communications, irrespective of the purpose.

MINIMUM SYSTEM REQUIREMENTS

To use the PharmAchieve Platform, you will need a Mac or PC capable of running the latest public release of the Google Chrome web browser, with at least 8 GB of RAM, 500MB of free disk space, and a reliable, performant and low-latency (<70 ms as measured by fast.com) internet connection with at least 40 Mbps of bandwidth. You are solely responsible for meeting these requirements.Use of ad-blockers and other browser plug-ins are known to interfere with the PharmAchieve Platform and may cause features to not function as intended or to not function at all. As a result browser plugins are unsupported on the PharmAchieve Platform. PharmAchieve is not responsible for playback buffering or interface lag resulting from user internet connections that do not meet the requirements listed in this section

CHARGEBACKS AND PAYMENT DISPUTES

You agree that if your account is terminated or suspended due to a violation of these Terms (including but not limited to violations of the "Prohibited Use of Materials with Artificial Intelligence," "Acceptable Use," or "Confidentiality" sections), you forfeit any right to a refund and agree that you have received the value of the services up to the point of termination.

Waiver of Chargeback Rights

You explicitly agree not to initiate a chargeback, dispute, or payment reversal with your credit card issuer, bank, or payment processor (a "Chargeback") for any fees paid to PharmAchieve if the basis for such Chargeback is your loss of access to the Platform resulting from:

1. Your breach of these Terms;
2. Our enforcement of the "No Refunds" policy; or
3. Your dissatisfaction with the format, or difficulty of the Course Materials; or
4. The lapse, suspension, or voluntary non-renewal of your multi-part access plan due to non-payment.

Consequences of Unjustified Chargebacks

If you initiate a Chargeback contrary to the Waiver of Chargeback Rights described above, you agree that:

1. Evidence of Authorization: PharmAchieve is authorized to provide a copy of these Terms, your access logs, and your acceptance of this Agreement to your card issuer as conclusive evidence that the charges were authorized and that the loss of service was a lawful result of your breach of contract.
   
2. Administrative Fees: You will be liable to pay PharmAchieve for the original amount of the charge, plus all costs and expenses incurred by us in disputing the Chargeback, including the reimbursement of any dispute fees charged to us by the payment processor, plus reasonable administrative costs incurred by PharmAchieve in responding to the dispute, estimated at $50.00 CAD per hour of administrative time.
   
3. Collections: In the event of an unjustified Chargeback, we reserve the right to report your account to credit bureaus and/or turn your account over to a third-party collections agency to recover the chargeback amount and associated administrative fees. (For greater certainty, choosing not to make a manual renewal payment on a multi-part access plan does not constitute a delinquency or a debt, and will not be sent to collections; it simply results in the suspension of your access, revocation of your license to use the Course Materials, and forfeiture of any right to resume your multi-part plan).
   
4. Suspension: We have the right to immediately suspend your account pending the outcome of the chargeback.

EXTRAORDINARY EVENTS / FORCE MAJEURE

You agree to not hold PharmAchieve, or our employees or contractors, responsible or liable for the consequences of extraordinary events, including the cancellation of a course, including in-person training sessions, (in whole or in part) or the course not being held at its planned or scheduled time or being rescheduled. PharmAchieve will make reasonable efforts to continue a course, if, in our sole judgement, it is wise to do so. Examples of extraordinary events include without limitation, the following: (1) acts of God, landslide, flood, tempest, washout, fire, lightning, disaster, earthquakes or storms; (2) actions of military, naval, civil authorities, war, revolution, political disturbance or terrorism; (3) civil disturbance; (4) expropriation, acts or restraints of a governmental body or authority, failure to obtain a requisite permit or authorization from a governmental authority by reason of any statute, law, or Order-In-Council, or any law, rule, regulation or order duly passed by governmental authorities; (5) unusual delay by common carriers; (6) sabotage, rebellion, vandalism, riot, blockade, insurrection, strike, lockout or explosions; (7) unreliability or non-availability of labour or contractors, materials, service, equipment, goods, utility, network or facilities; (8) potential or actual outbreaks of disease, viruses or quarantine; (9) anticipated or actual public health orders; (10) cancellation or unavailability of venues; (11) cyberattack, malware, discovery of cyber-vulnerabilities, or a denial of service attack; (12) hardware or software or networking or data center issues resulting in decline in reliability or availability; or (13) any other event or eventuality or reasonable possibility of an event that could prevent or materially affect the smooth functioning, planning or organization of a course whether or not similar to the foregoing examples.

PharmAchieve reserves the right, at its sole option, to cancel or partially cancel any course or training sessions (whether in-person, online, or a hybrid thereof) or to reschedule missed days on a case-by-case basis with a replacement of our choosing in a physical place or online, to relocate any physical event to a different location, or to continue the course or training sessions after regularly scheduled hours or in a limited capacity. PharmAchieve will refund on a pro-rated basis the missed days or portion of days. For example, if one day of a 10-day live course is cancelled owing to an extraordinary event, or in any event not provided, PharmAchieve reserves the right to refund 1/10th of the fee and you agree that this compensation would be your sole remedy. At PharmAchieve’s sole discretion, in lieu of a pro-rated refund, we may offer a Transfer Credit to a future course session of equal or greater value, which does not expire for 24 months.

COPYRIGHT NOTICE

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the PharmAchieve Platform, please notify us at info@pharmachieve.com. Notifications of claimed infringement must include a description of the work, the URL where it is located, and your contact information.

LINKED SITES

Whether or not we are affiliated with websites or third-party vendors that may be linked to the PharmAchieve Platform, you agree that we are not responsible for their content. Internet links found on the PharmAchieve Platform or otherwise provided by us, whether posted by us or a third party, are not an endorsement and we do not represent or warrant the accuracy or truth of the contents, or endorse the products, services or information found on said websites. You access those links and corresponding websites at your own risk.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.

All disputes arising out of or in connection with these Terms, or in respect of any legal relationship associated with or derived from these Terms or your use of the PharmAchieve Platform, will be finally resolved by arbitration, with a single arbitrator, under the Arbitration Rules of the ADR Institute of Canada, Inc. (see https://adric.ca/). The seat of arbitration will be Toronto, Canada. The language of the arbitration will be English.

To the extent not prohibited by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

The costs, fees and expenses of the arbitration proceeding shall be divided equally between you and us with a default award available against any non-paying party without the need for the paying party to present evidence and any non-paying party shall be sanctioned by precluding that party from asserting its own claims or counterclaims.

Each party shall be responsible for its own legal fees and costs. However, the arbitrator’s award will include all fees, costs and legal fees to the prevailing party, including the fees and costs for the arbitration itself.

Judgement upon the award of the arbitrators will be final and binding and may be entered in any court of competent jurisdiction.

All aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator will be strictly confidential for the benefit of all parties.

Notwithstanding the foregoing, we may, in our sole discretion, institute an action or actions for temporary or permanent injunctive relief or for any other equitable relief in any court of competent jurisdiction.

SEVERABILITY

If any provision of these Terms (or part thereof) are found to be unlawful, void, or for any reason unenforceable, then that provision, or the applicable part thereof, shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

NO CONSTRUCTION AGAINST DRAFTER

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.

WAIVER OF CLASS PROCEEDINGS AND TRIAL BY JURY

To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

INCORPORATION BY REFERENCE

All policies referred to in these Terms or anywhere on the PharmAchieve Platform are hereby incorporated by reference, including but not limited to our Privacy Policy.

TERMINATION

Though we would much rather you stay, you can stop using the PharmAchieve Platform at any time. Please contact us to learn more about terminating your account. Notwithstanding your decision to delete your account or no longer use the PharmAchieve Platform, you agree to pay all fees and taxes as set out in these Terms and as posted on our website and the PharmAchieve Platform. We do not offer refunds where you elect to cancel or terminate your account before the end of any subscription period or course date.

We also reserve the right to suspend your account or access to the PharmAchieve at any time, if we reasonably believe you are in breach of these Terms.

The cancellation, suspension or termination of access to the PharmAchieve Platform shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, our proprietary rights, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.

ASSIGNMENT OF THIS AGREEMENT

These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement, between us and you, to any successor or assignee, whether pursuant to the purchase of the PharmAchieve Platform by a third party, the transfer of control of PharmAchieve, or otherwise.

RIGHT TO SEEK INJUNCTION

Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.

WAIVER

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

NEW FEATURES

Any new features that augment or enhance the current PharmAchieve Platform, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms. From time to time, we may invite you to try features marked “Alpha”, “Beta”, “Preview”, or “Experimental” (collectively "Beta Features"). You acknowledge that Beta Features are experimental, may not be fully tested, and are provided for testing and evaluation purposes only.

You agree that Beta Features are not part of the core PharmAchieve Platform service commitments and that you have no expectation that these features will function correctly or be permanently available. Beta Features are provided “AS IS” without any warranty of any kind including the implied warranties of merchantability or fitness for a particular purpose. You acknowledge that Beta Features may contain bugs, errors, or defects that could cause system failures or data loss (including the loss of study progress or notes). PharmAchieve has no obligation to provide technical support for Beta Features, nor to release a final or commercial version of them. We reserve the right to discontinue or disable any Beta Feature at any time without notice, and any downtime or non-performance of a Beta Feature shall not constitute a breach of these Terms nor entitle you to any refund or credit.

ENTIRE AGREEMENT

These Terms, in addition to our privacy policy and all documents, agreements and waivers incorporated by reference (including, for example, the liability waiver you are required to execute in order to attend our in-person courses and training sessions) form the entire agreement between the parties relating to the matters contained herein and shall not be modified except (i) by publication of a subsequent version of these Terms; or (ii) in writing, in an addendum or other agreement, signed by a duly authorized representative of PharmAchieve Corporation Ltd.