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VirtualCare Terms of Service

Last Updated: September 4, 2021

PLEASE READ THESE TERMS OF USE TOGETHER WITH ANY AND ALL OTHER AGREEMENTS, TERMS, CONDITIONS, AND POLICIES REFERENCED HEREIN CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF OUR LIABILITY AND LIMITATIONS AND WAIVERS OF YOUR RIGHTS AND REMEDIES. THIS PLATFORM SHOULD NOT BE USED IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY. IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON THE PLATFORM OR ANY ASSOCIATED CONTENT OR SERVICES.

1. Your Agreement to Terms of Use. The following terms of use (the “Terms of Use”) govern your access to and use of our software platform, and all other services provided by us which are not governed by separate terms of service, as described on Mednow Inc.’s website, available at www.mednow.ca (collectively, the “Platform“). The Platform operates to connect you with virtual medical services provided by independent physicians (the “Services”).  For the avoidance of doubt, the Services do not include the Medical Services (described below). These Terms of Use form an agreement between Mednow Virtual Care Ltd. (“Mednow”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the Services (“use” or “using” in these Terms of Use will mean any of the foregoing).

BY USING THE SERVICES, YOU: (A) REPRESENT AND WARRANT THAT YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 2. 

This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us or any of our affiliates or related entities in respect of any products, services or otherwise.

You acknowledge that you are also subject to Mednow Inc.’s website Terms of Use and that if there is a conflict or inconsistency between these Terms of Service and the provisions of the website Terms of Use, then these Terms of Service will govern to the extent of such conflict or inconsistency unless otherwise specified herein. 

THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND MEDNOW. BY ACCESSING OR USING THE PLATFORM OR ANY SERVICES, IN WHOLE OR IN PART, YOU COVENANT AND AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE AND REPRESENT AND WARRANT TO AND IN FAVOUR OF MEDNOW THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM OR ANY SERVICES.

2. Modifications. Mednow reserves the right (in its sole discretion) to amend, modify, restate, replace, or supplement these Terms of Use at any time and from time to time. You should review these Terms of Use regularly. By accessing or using the Platform or any Service after any such amendments, modifications, restatements, replacements, or supplements, you agree to be bound by, and comply with, these Terms of Use, as so amended, modified, restated, replaced, or supplemented. If any such amendment, modification, restatement, replacement, or supplement is not acceptable to you, you must immediately cease accessing and using the Platform and any and all Services.

3. Content. The Platform contains content provided by Mednow and third parties, including editorial content, personal profiles, articles, publications, pictures, videos, information, data, and other materials as well as information from Mednow and from third parties (the “Content”) and access to various products and services provided by Mednow and third parties.  

4. User Account for the Services. To access certain features of the Services and to obtain Medical Services, you may be required to successfully sign up for a user account using the available interfaces of the Services and be issued with a username and password login credentials (the “User ID”). If you are issued with a User ID, you will keep your User ID secure and will not share your User ID with anyone else. We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the Services and the Medical Services.

5. Your Responsibilities. You agree to:

    • comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy any export control laws;
    • use reasonable efforts to prevent unauthorized access to or use of the Services;
    • keep User IDs and all other login information confidential;
    • monitor and control all activity conducted through your account in connection with the Services; and
    • promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a User ID or account

6. NOT EMERGENCY SERVICES. YOU SHOULD NOT USE THE PLATFORM OR ANY OF THE CONTENT FOR MEDICAL EMERGENCIES, AND IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL. UNDER NO -CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON THE PLATFORM OR ANY OF THE CONTENT.

 

7. MEDICAL SERVICES.  The use of the Platform, as permitted by us and these TOU, enables you to be directed to and access the services (“Medical Services”) from a physician who is licensed in a Canadian jurisdiction (the “Physician”).  The Physicians providing services to you are independent contractors of Mednow and Mednow has no responsibility for the Medical Services provided by the Physicians.  Mednow will not fetter the Physician’s independence to practice medicine, their professional judgment or clinical practice or the delivery of the Medical Services in any way and the Physician will have sole responsibility for the clinical decision-making processes and the clinical uses of your personal health information.

The Physicians rely upon the location you provide to us in order to determine the appropriate Physician that will provide Medical Services to you.  Physicians may be located in the jurisdiction in Canada which you reside, or another jurisdiction in Canada, as permitted by their regulatory authority.    For more information about any particular Physician, you may review their governing body’s website and consult their profile on the register.  Physician Services through the Platform are not a substitute for having your own family doctor or primary care provider provide care to you, or for in-person health care interactions.  Please refer to the limitations on virtual telemedicine below.

There are certain features unique to virtual care that we want to make sure you understand before you proceed:

    • Mednow’s platform is not appropriate for use in a medical emergency. In the event of an emergency, you should call 911 or go to the nearest hospital emergency room.  
    • Virtual care may not be appropriate for your particular situation. If your healthcare provider determines that a face-to-face consultation or a physical examination is required or that telemedicine is not appropriate for you based on your context and symptoms, you will not be able to receive services virtually through Mednow’s platform and your healthcare provider will discuss alternative arrangements with you.
    • Electronic communications (such as audio, video, email, text) are not secure in the same way as a private appointment in an exam room. We do our best to make sure that any information you give to us during virtual care visits is private and secure, but no video or audio tools are ever completely secure. There is an increased security risk that your health information may be intercepted or disclosed to third parties when using such electronic communications tools. This can lead to potential privacy breaches resulting from physical or electronic eavesdropping, hacking and software exploits, technical failures, and configuration errors. To help us keep your information safe and secure, you can:
    • Use a private computer/device (i.e., not an employer’s or third party’s computer/device), secure accounts, and a secure internet connection. For example, using a personal and encrypted email account is more secure than an unencrypted email account, and your access to the Internet on your home network will generally be more secure than an open guest Wi-Fi connection.
    • Update your software. Software updates typically include security patches and fixes. Ensure you are always deploying updates on both the operating system of your device and the individual applications that you use.
    • Use malware and anti-virus.  Make sure your devices have both anti-malware and antivirus software to protect against infections from outside sources. Malware and viruses can infect your system from downloading an attachment, clicking a link, or even visiting a website.
    • Attend your virtual care session in a private location.

     

Your healthcare provider will discuss the above with you during your initial visit.  You can also see our Terms of Use and Privacy Policy for more information.

MEDNOW’S ROLE IS LIMITED TO MAKING AVAILABLE THE PLATFORM AND WE ARE NOT A HEALTH CARE PROVIDER AND ARE NOT ENGAGED IN THE PRACTICE OF MEDICINE.  MEDNOW IS NOT A PARTY TO ANY PHYSICIAN-PATIENT RELATIONSHIP THAT MAY BE ESTABLISHED THROUGH THE PLATFORM.  WE ARE NOT LIABLE FOR ANY MEDICAL SERVICES PROVIDED TO YOU, WHICH ARE PROVIDED BY THE APPLICABLE PHYSICIAN.  NONE OF THE CONTENT ON THE PLATFORM IS MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION OR WARRANTY REGARDING THE SAFETY, APPROPRIATENESS OR EFFECTIVENESS OF ANY PARTICULAR TREATMENT, MEDICATION OR SERVICE FOR YOU.

The Platform enables Physicians to receive personal health information (“PHI”) and personal information (“PI”) about you through the Platform and to provide Medical Services to you.  Your use of the Platform neither establishes nor governs your relationship with the Physician. The Medical Services provided to you by the Physician form a bilateral contractual relationship between you and the Physician and we are not a party to that agreement.

Once you have connected with a Physician and you have accepted and agreed to any additional terms and conditions required by such Physician, you will be eligible to request and receive Medical Services from the Physician.  The Physician may require additional identification verification from you in order to satisfy their professional obligations. The Physician does not receive any benefit or incentive in connection with any prescription provided to you.  You will always retain the right to choose your pharmacy of choice to fill your prescription, if applicable.  If you choose to have your prescription filled by a pharmacy that is a Mednow pharmacy, Mednow will determine the most appropriate pharmacy to provide pharmacy services to you in such circumstance, and such pharmacy may be an affiliate of Mednow or otherwise have a relationship with Mednow. 

Since Physician Services are regulated at the provincial and territorial level in Canada, the type of Physician Services that are available to you through the Platform may differ depending on your province or territory of residence and the location at the time you request such Physician Services. There are restrictions on the types of Physician Services that may be provided through the Platform. Certain types of Physician Services may be excluded or require in-person consultations. If a Physician is not able to assist you, they may advise you to visit a clinic, hospital or other healthcare facility for an in-person consultation. 

A Physician has the discretion to refuse or discontinue the provision of Medical Services at any time and for any reason, including if they are of the opinion that any Medical Services are not appropriate in the circumstances or if there is actual, potential, or suspected misuse of the Medical Services, fraud, or violation of applicable law. A Physician may determine that certain Medical Services are not appropriate for some or all of your needs, and accordingly may elect not to provide Medical Services to you through the Platform or otherwise.

 

8. Insured Services.  Certain Medical Services are covered by insurance, including provincial or territorial health insurance plans when provided to insured persons (“Insured Services”). We will not charge you any fee to the extent the Medical Services are Insured Services.

9. Payment Method. Depending on the nature of Medical Services you access through the Platform, you may be required to provide Mednow with your Payment Method.  Payment of the fees through the credit card validation and processing arrangement described below shall be considered the same as payment made directly to the applicable Physician. We do not store your credit card or debit card number, expiry date, or CVV (digits on the back of your credit card or debit card). We use Third-Party Payment Processors for payment processing, which enables us to securely use the Payment Method in the future without needing to ask for the Payment Method details again. Please see the website of our Third-Party Payment Processor for information about these payment processing services. When you add your Payment Method to your user account, you will be asked to provide Mednow with customary billing information such as name, billing address, and financial instrument information for use by Third-Party Payment Processors to process payments in connection with the Platform. Your billing address must be the same as the shipping address. You will be required to provide Mednow with valid, accurate, current, and complete information when adding your Payment Method and to update and correct your Payment Method as required to ensure that your Payment Method is at all times valid, current, complete, and accurate. If your Payment Method changes as a result of expiry or re-issuance or otherwise, you will immediately notify Mednow via email to virtualcare-support@mednow.ca or via the Contact Us page of the Platform and you acknowledge and agree that we may acquire that information from third parties and update your Payment Method on file in your user account and you consent to us obtaining such information. You authorize our Third-Party Payment Processors to store and use any and all information you provide for use in maintaining your Payment Method, and you authorize Mednow and/or our Third-Party Payment Processors to charge your Payment Method for any and all fees, charges and associated taxes. You acknowledge and agree that:

    • you are solely responsible for the accuracy and completeness of your Payment Method;
    • failure to maintain valid, current, complete, and accurate information in your Payment Method may result in your inability to access and use the Platform or any Services;
    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDNOW IS NOT RESPONSIBLE FOR ANY CLAIMS OR LOSSES SUFFERED BY YOU AS A RESULT OF INCORRECT PAYMENT METHOD PROVIDED BY YOU OR OTHERWISE IN CONNECTION WITH YOUR PAYMENT METHOD; and
    • Mednow may use Third-Party Payment Processors to access, hold, use, and process your Payment Method in order to process payments made by you to Mednow and, in such circumstances, the processing of payments or refunds, as applicable, will be subject to the terms and conditions of the applicable Third-Party Payment Processor and your credit card issuer.
      In this section, “Third-Party Payment Processor” means any person engaged on behalf of a Physician to process payments for or on behalf of the Physician (including Moneris); and “Payment Method” means a valid financial instrument that you add to your user profile from time to time or that you use when paying any fees or charges, including credit card, debit card, PayPal account, or any other method of payment acceptable to the applicable Physician (in its sole discretion).

10. Currency of Content. The Content is provided for informational purposes only. The Content should not be relied upon as accurate, reliable, complete, current, timely, or fit for any particular purpose. To the extent that the Content is current as of the date of first publication, it may no longer be accurate as a result of the passage of time.

11. No Unlawful or Prohibited Use.   You will not use the Services in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use the Services for any purpose other than to access and use the Platform or assist with managing your relationship with Mednow. Without limiting the generality of the foregoing, you will not (and will not attempt to) directly or indirectly:

 

    • send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Services any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
    • share, transfer or otherwise provide access to an account designated for you to another person;
    • disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g., a denial of service attack);
    • attempt to gain unauthorized access to the Services;
    • use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code; 
    • use the Services for the purpose of building a similar or competitive product or service; or
    • authorize, permit, enable, induce or encourage any third party to do the above.

    12. Malicious Code and Security. You are prohibited from attempting to circumvent and from violating the security of the Services including without limitation: (a) accessing content that is not intended for you; (b) attempting to breach or breaching the Services security or authentication measures; (c) restricting, disrupting or disabling service to the Services users, hosts, servers or networks by any means, or (d) otherwise attempting to interfere with the proper working of the Services, including but not limited to by introducing any material that is  malicious or technologically harmful.

    13. Feedback. We welcome and encourage you to provide feedback, comments, suggestions, ideas, and materials for improvements to the Platform, the Content, and the Services (“Feedback”). You may submit Feedback by contacting us via email at virtualcare-support@mednow.ca or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you automatically grant Mednow a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual, worldwide right and license to use, copy, modify, display, and publish such Feedback for any purpose, without compensation to you, whether in whole or in part and in any format or medium currently known or developed in the future. You acknowledge and agree that Mednow may assign, transfer, or sub-license the above licence to any person, including its affiliates and successors, without any further approval by you.

    14. Communications Not Confidential. THERE IS NO GUARANTEE THAT INFORMATION, PI OR PHI ON THE PLATFORM OR ON THE INTERNET, OR SUBMISSIONS TO THE PLATFORM OR THROUGH THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE PLATFORM AND THE CONTENT THEREOF IS AT YOUR OWN RISK AND WE ASSUME NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE PLATFORM OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION, SUBMISSIONS, OR PERSONAL INFORMATION.

    15. Permitted Uses. You may access and use the Platform and the Services only in accordance with these Terms of Use and applicable law. Unless and only to the extent otherwise expressly provided in any other agreement between you and Mednow, subject to these Terms of Use, Mednow grants to you a non-exclusive, non-transferable, revocable right and licence to access and use this Site and the Content only to display on your own computer or mobile device for your own personal non-commercial use, provided that the Content is not modified or altered in any way whatsoever (“Permitted Uses”). By accessing or using the Platform or any other Mednow Property (as defined herein) or by displaying, saving, downloading, or printing a copy of any Content, you do not acquire any other right or licence to the Platform or any other Mednow Property. All rights not expressly granted by Mednow are expressly reserved by Mednow.

    16. Linking and Third-Party Sites. The Platforms may, for convenience, provide links to websites or applications of other parties (each, a “Third-Party Site”). You acknowledge and agree that:

      • the content of Third-Party Sites is not provided by nor under the control of Mednow;
      • Mednow does not endorse or republish any content of any Third-Party Site or provide any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such Third-Party Site or the content thereon; 
      • where you provide a link to the Platforms from another website, Mednow reserves the right to require you to disable such link; and
      • if you choose to access a Third-Party Site, you do so entirely at your own risk and liability.

    17. Trademarks. Any and all trademarks, corporate names, business names, and other trade names of Mednow, including MEDNOW™, MEDNOW.CA™, PILLSMART™, and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by Mednow are trademarks of Mednow and/or its affiliates (the “Mednow Marks”). Other trademarks, service marks, graphics, and logos used in connection with Mednow Property may be the trademarks of their respective owners. You are not granted any right or license with respect to any of the foregoing trademarks, including Mednow Marks, or any use thereof.

    18. Mednow Property.

      • “Mednow Property” means the Platform and any and all related: (i) Content, Services, and Mednow Marks; (ii) logos, designs, graphics, images, photographs, artwork, and other artistic works; (iii) editorial content, text, data, and other literary works (iv) musical works, performances, and other sounds; (v) videos and all audio-visual works; (vi) selections, arrangements, compilations, modifications, and enhancements of any of the foregoing (vii) software, including scripts and program code that may execute on this Site’s servers or that may be embedded or downloadable from individual web pages on this Site; (viii) the look and feel, architecture, interface, templates, layout, and web pages of this Site; and (ix) intellectual property rights in any of the foregoing. 
      • You acknowledge and agree that all Mednow Property is protected by copyright and owned by, or licensed to, Mednow and contains proprietary information and material that owned by Mednow or its affiliates or their respective licensors, and is protected by applicable law, including copyright law. Any and all copyrights in and to any Mednow Property, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software, are owned by Mednow and its affiliates and/or their respective licensors, who in each case reserve all their rights in law and equity.
      • The use of any software or any part of Mednow Property, except as expressly permitted pursuant to these Terms of Use, is strictly prohibited and infringes on the intellectual property rights of Mednow and others and may subject you to civil and criminal penalties, including monetary damages, for copyright infringement. 
      • Notwithstanding any other provision of these Terms of Use, Mednow and its licensors reserve the right to change, suspend, remove, or disable access to any Mednow Property at any time without notice. You acknowledge and agree that, in no event will Mednow be liable for making any such changes. Mednow may also impose limits on the use of or access to certain features or portions of Mednow Property, in any case and without notice or liability.
      • To seek permission in respect of any activity involving Mednow Property that is not expressly permitted by these Terms of Use, please contact us via email at virtualcare-support@mednow.ca or via the Contact Us page of this Site.

    19. Prohibited Activities. You may not access the Platform or any other Mednow Property in any way or for any purpose that is unlawful or that contravenes these Terms of Use. Unless and only to the extent otherwise expressly permitted in any other agreement between you and Mednow, you will not access or use any Mednow Property for any purpose that is outside the scope of the Permitted Uses or that violates the rights of Mednow, any Mednow personnel, or any other person. Without limiting the foregoing, unless and only to the extent otherwise expressly permitted in any other agreement between you and Mednow, you will not, directly or indirectly, on your own or with any other person, in any manner whatsoever:

      • access or use the Platform or any other Mednow Property (in whole or in part) in any way or for any purpose that: (i) is fraudulent; (ii) violates the rights of Mednow or any other person; or (iii) violates applicable law or any of the terms and conditions of these Terms of Use;
      • use or exploit the Platform or any other Mednow Property (in whole or in part), including by trespass or burdening network capacity or damage, disable, or impair any Mednow Property (in whole or in part);
      • modify, reproduce, copy, duplicate, download, virtualize, mirror, frame, create derivative works of, reverse engineer, decompile, disassemble, translate, private label, grant a security interest in, or otherwise exploit this Site or any other Mednow Property (in whole or in part), including this Site’s architecture, layout, or design, any associated web page or form contained thereon or any associated software or source code (in whole or in part) in any form or by any means, including to make use of any data schemas or dictionaries, or attempt to do any of the foregoing or allow or enable any person to do the same;
      • make available, distribute, display, post, disseminate, publish, republish, transmit, re-transmit, communicate to the public, or broadcast this Site or any other Mednow Property (in whole or in part);
      • scrape, whether by way of screen scraping or database scraping, the Platform or any other Mednow Property (in whole or in part) or use any robot, spider, or crawler or otherwise interact with this Site or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any Mednow Property (in whole or in part), whether by automatic or manual programs, means, or processes;
      • use the Platform or any other Mednow Property (in whole or in part) in the operation of a service bureau or process or permit to be processed the information or data of any person;
      • copy, store, or otherwise access or use any information, including personal information or personal health information of any other person, contained on or accessible by way of this Site or any other Mednow Property in any way that is inconsistent with these Terms of Use or our Privacy Policy or that otherwise violates applicable law or the privacy rights of any person;
      • access or use the Platform or any other Mednow Property (in whole or in part) for any purpose or in any manner that falsely implies the endorsement of Mednow, a partnership with Mednow, or otherwise misleads others as to your affiliation or relationship with Mednow;
      • access or use the Platform or any other Mednow Property (in whole or in part) to fraudulently misrepresent yourself, impersonate another person, engage in false advertising to defraud or defame any person, or to engage or otherwise participate in any ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or to collect any personal or personally identifiable information from any person with or without that person’s knowledge or consent;
      • discriminate against or harass any person on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation or otherwise engage in any violent, harmful, abusive, or disruptive behavior;
      • integrate any software with the Platform or any software associated with the Platform; 
      • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure, security device, mechanism, protocol, or procedure implemented by Mednow or any person for or on behalf of Mednow to protect the Platforms or any other Mednow Property (in whole or in part) or attempt to do any of the foregoing;
      • interfere with or attempt to interfere with, or use any device, software, or routine that interferes with or attempts to interfere with, any person’s use of any Mednow Property (in whole or in part), including through hacking, ransoming, or other similar types of attack;
      • take any action that damages or adversely affects or could damage or adversely affect the performance or proper functioning of this Site or any associated software or any other Mednow Property (in whole or in part);
      • sell, licence, sublicence, transfer, rent, lease, loan, or engage in any other commercial transaction relating to the Platforms or any other Mednow Property (in whole or in part) or any reproduction of all or any portion thereof in any medium;
      • bid on or register search engine keywords, Google Ad Words, search terms or other identifying terms or domain names that include any Mednow Marks (in whole or in part) or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service;
      • dilute, tarnish, or otherwise harm the Mednow brand or reputation in any way, including through unauthorized use of the Platform or any other Mednow Property (in whole or in part), registering or using Mednow or Mednow Marks or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to any Mednow Marks or any of Mednow’s domains, trademarks, taglines, promotional campaigns, or any other Mednow Property; or
      • violate or infringe any person’s rights (including Intellectual Property rights) or otherwise cause harm, injury, illness, or death to any person or any damage or loss to any tangible or intangible property.

     

    20. Privacy. For information about how Mednow collects, uses, and shares your personal information and personal health information, please review our Privacy Policy.

    21. DISCLAIMER. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

      • THE PLATFORMS AND ANY AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OR CONDITION OF ANY KIND WHATSOEVER; 
      • ACCESS TO, AND USE OF, THE PLATFORM OR ANY CONTENT IS ENTIRELY AT YOUR OWN RISK AND LIABILITY
      • THE CONTENT AND ANY AND ALL OTHER INFORMATION ACCESSIBLE BY WAY OF THE PLATFORM IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY;
      • YOU SHOULD NOT USE THE PLATFORMS OR ANY CONTENT FOR MEDICAL EMERGENCIES, AND IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL;
      • THE CONTENT AND ANY AND ALL OTHER INFORMATION ACCESSIBLE BY WAY OF THE PLATFORM SHOULD NOT BE RELIED UPON AS VALID, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR FIT FOR ANY PARTICULAR PURPOSE; 
      • MEDNOW DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR COLLATERAL) AND ANY AND ALL LIABILITY WITH RESPECT TO THE PLATFORM, THE CONTENT AND THE SERVICES, INCLUDING LIABILITY FOR PROFESSIONAL NEGLIGENCE OF MEDNOW OR THIRD PARTIES AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THE PLATFORM OR THE CONTENT WILL MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE;
      • MEDNOW WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY PROFESSIONAL NEGLIGENCE OF THIRD PARTIES, ERRORS, OMISSIONS, OR INACCURACIES IN THE PLATFORMS OR ANY CONTENT; 
      • MEDNOW DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE PLATFORMS OR ANY CONTENT IS OR LINKS FROM THE PLATFORM WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS, ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, DISABLING DEVICES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR HAS HARMFUL EFFECTS;
      • MEDNOW WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR, IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEMS AND THE ENTIRE COST OF ANY SERVICE, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEMS THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THE PLATFORMS OR ANY CONTENT OR SERVICES; AND
      • MEDNOW WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY PROBLEM OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR ANY OTHER COMMUNICATION BETWEEN YOU AND MEDNOW ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR THE PLATFORM OR ANY OTHER WEBSITE, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY MATERIALS CONSISTENT WITH THESE TERMS OF USE OR USE OF THE PLATFORMS

    22. Violation of the Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage the Platforms or any other website or links or to undermine the legitimate operation of the Platform or any Content or Services may be a violation of criminal and/or civil laws and should such an attempt be made, Mednow reserves the right to seek damages from you to the maximum extent permitted by law.

    23. Indemnity. You agree to indemnify, defend, and hold harmless Mednow and its affiliates and their respective directors, officers, employees, personnel, contractors, subcontractors, agents, and representatives from and against any and all actual, threatened or potential civil, criminal, administrative, regulatory, arbitral, or investigative claims, demands, allegations, actions, suits, investigations, or proceedings and any and all losses, liabilities, and damages (including taxes and related penalties) and related costs or expenses, including legal fees (on a full indemnity basis), and expenses and costs of litigation, settlement, judgement, appeal, interest, and penalties (on a full indemnity basis) that may be suffered or incurred by any of them arising out of or as a result of or relating in any manner whatsoever to:

      • your access and use of the Platform;
      • any breach by you or on your behalf of these Terms of Use or any of your obligations pursuant to or in connection with these Terms of Use;
      • your reliance upon, or any use of, or any actions or omissions by you in reliance upon, any Content or Services (in whole or in part);
      • any loss of, damage to, or destruction of, Mednow Property or the property of any other person;
      • your violation of any law or the rights of a third party (including intellectual property rights);
      • personal injury (including death) in connection with the Platforms, the Content, or Services to the extent caused by you; or
      • your negligence, fraud, or criminal, willful, or intentional misconduct.

     

    24. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEDNOW OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE PERSONNEL BE LIABLE, WHETHER BASED IN WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, TANGIBLE OR INTANGIBLE HARM, IRREPARABLE HARM, LEGAL FEES, OR ANY LOSS OF ANY KIND WHATSOEVER, OR OTHER LIABILITIES, WHETHER OR NOT MEDNOW OR ANY MEDNOW PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR ANY CONTENT OR SERVICES. 

    FOR ANY OTHER DAMAGES, OR TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES EXCEED $100 CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

    25. Injunctive and Equitable Relief. You acknowledge and agree that:

      • your compliance with your obligations pursuant to these Terms of Use is necessary to protect personal information and/or the intellectual property, confidential information, proprietary information, business, goodwill, and/or proprietary interests of Mednow and its affiliates and third parties;
      • your breach of any such obligations will give rise to irreparable harm or injury to Mednow that will not be adequately compensable with monetary damages; 
      • Mednow may, in addition to any other remedy, enforce the performance of these Terms of Use by way of equitable relief, including interim, interlocutory and/or final injunctive relief, specific performance, or such other and further relief as a court may deem just and proper, upon application to a court of competent jurisdiction without proof of actual damages, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made, and without the requirement of posting a bond or other security; and
      • notwithstanding that damages may be readily quantifiable, you will not plead sufficiency of damages as a defence in any such proceeding.

       

     

    26. Entire Agreement. These Terms of Use, together with our Privacy Policy and any agreements, documents, and instruments entered into between you and Mednow, constitute the entire agreement between Mednow and you pertaining to the subject matter thereof and supersede all prior communications, proposals, agreements, or understandings, whether electronic, oral, or written, between you and Mednow with respect to the Platforms or any Content or Services or Mednow Property. Except as and only to the extent otherwise expressly provided in these Terms of Use, there are no representations, warranties, conditions, other agreements, or acknowledgements, whether direct or collateral, express or implied, that form part of or affect these Terms of Use.

    27. Headings. The division of these Terms of Use into Articles and Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation of these Terms of Use. The terms “these Terms of Use”, “hereof”, “hereunder”, and similar expressions refer to these Terms of Use and not to any particular Article, Section or other portion of these Terms of Use and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references in these Terms of Use to Articles and Sections are to Articles and Sections of these Terms of Use.

    28. Extended Meanings. In these Terms of Use, unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders and the terms “include” and “including” will also mean “include without limitation” and “including without limitation” respectively.

    29. Statute References. Any reference in these Terms of Use to any statute or any section thereof will, unless otherwise expressly stated, be deemed to be a reference to such statute or section as amended, restated, or re-enacted from time to time.

    30. Governing Law. The interpretation, validity, effect, and enforcement of these Terms of Use, and any and all disputes arising out of or in connection with these Terms of Use, or in respect of any legal relationship associated with or derived from these Terms of Use, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. For greater certainty, the foregoing laws apply to the access and use of the Platform (in whole or in part) by you, notwithstanding your domicile, residency, or physical location, or the location of any Mednow office or the office of any Mednow affiliates or subsidiaries. The Platform is intended for use only in jurisdictions where it may be lawfully provided for use. The United Nations Convention on Contracts for the International Sale of Goods (CISG) or any similar or successor convention or law, will not be applied to these Terms of Use or any transactions conducted pursuant to the Platform.  This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

    31. Forum. You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and the federal courts in the Province of Ontario in any action or proceeding involving or in connection with the Platforms or these Terms of Use and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.

    32. JURY TRIAL WAIVER. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY AND ALL DISPUTES ARISING FROM OR IN CONNECTION WITH THE PLATFORM OR THESE TERMS OF USE.

    33. NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING IN RESPECT OF ANY AND ALL DISPUTES ARISING FROM OR IN CONNECTION WITH THESE TERMS OF USE OR THE PLATFORM. UNLESS AND ONLY TO THE EXTENT OTHERWISE EXPRESSLY AGREED TO IN WRITING BY MEDNOW, THE ADJUDICATOR OF ANY DISPUTE MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

    34. Assignment. Neither these Terms of Use nor any of the rights or obligations pursuant hereto may be assigned, transferred, or delegated by you without the prior written consent of Mednow. Mednow may without restriction assign, transfer, or delegate these Terms of Use and any rights and obligations hereunder, at its sole discretion, to any person without notice to you.

    35. Waiver. The waiver by Mednow of a breach or default of any provision of these Terms of Use by you or any delay or omission on the part of Mednow to exercise or avail itself of any of its rights, remedies, powers, or privileges will not be effective unless in writing and will not be construed as a waiver of any succeeding breach of the same or any other provision of these Terms of Use. 

    36. Severability. In the event that any provision (or any portion of any provision) of these Terms of Use will for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms of Use and these Terms of Use will be construed as if such invalid, illegal, or unenforceable provision (or portion of a provision) had never been contained in these Terms of Use in regards to that particular jurisdiction.

    37. Relationship. Nothing in these Terms of Use or your use of the Platform will be deemed to constitute either party hereto as an agent, representative, or employee of the other party or both parties as joint venturers or partners for any purpose.

    38. Further Assurances. You agree to sign all other instruments and to do and perform all other acts which may be necessary or desirable in order to give full effect to these Terms of Use without further compensation by Mednow.

    39. NO THIRD-PARTY RIGHTS. THESE TERMS OF USE DO NOT AND ARE NOT INTENDED TO CONFER ANY RIGHTS OR REMEDIES UPON ANY PERSON OTHER THAN THE PARTIES HERETO.

    40. Admissibility. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or arbitral proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    41. English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

    42. Geographical Restrictions.  Mednow makes no representation that the Platforms, the Content or the Services is available for use in locations outside Canada or all locations within Canada. We provide this Services for use only by persons located in Canada. This Platform are not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

    43. Contact Us. If you have any questions regarding these Terms of Use, please contact us via email to virtualcare-support@mednow.ca. Mednow Virtual Care is located at 320-2310 St Laurent Blvd, Ottawa ON, K1G5H9 and may be reached at virtualcare-support@mednow.ca.

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