Terms & Conditions

WEBSITE TERMS OF USE

1.       ACCEPTANCE OF TERMS.

(a)   By using or visiting a HomeMD Technologies Inc. (“HomeMD Technologies”, “we”, “us”, or “our(s)”) website (the “Website”) you agree to these terms and conditions (the “Terms”).

(b)  You acknowledge and agree that HomeMD Technologies’ privacy policy (the “Privacy Policy”, a copy of which can be found here (https://www.homemd.ca/privacy-policy) apply to the use and access of the Website; and (ii) you are bound by the terms of the Privacy Policy, as amended from time to time without notice to you, as if they were incorporated by reference in these Terms.

2.       CONTENT.

(a)   Unless specifically provided by you or a third party, all content on the Website, including but not limited to any and all information, materials, works, graphics, trademarks, trade names, logos and graphics, is owned or licensed by HomeMD Technologies (“HomeMD Technologies’ Content”).

(b)  If you choose to upload any content to the Website, including but not limited to photos, comments, responses, ratings, rankings, notes, opinions, health records and data (the “User’s Content”), you represent and warrant that you own the User’s Content, or have the necessary rights  in or to the User’s Content, in order to grant HomeMD Technologies the rights provided under these Terms in respect of the User’s Content.

3.       LICENSE TO USE.

(a)   You hereby grant to HomeMD Technologies and its affiliates a perpetual, royalty-free, worldwide, non-exclusive, transferable, sub-licensable license to: (i) use, on and in connection with the Website, the User’s Content; and (ii) allow any user of the Website to view such User’s Content. You hereby waive any and all moral rights in any User’s Content in favour of HomeMD Technologies and its officers, directors, employees, agents and affiliates.

(b)  Unless otherwise expressly stated in these Terms,you shall use the Website in compliance with all applicable laws and you shall not use the Website to do anything unlawful, misleading, malicious, criminal, quasi-criminal or discriminatory, or infringe the rights of any person, including, but not limited to, intellectual property rights (including, without limitation copyright and related rights, moral rights, trademarks, patents), privacy rights and rights to personality and personhood. You shall not encourage, enable or assist anyone else in doing any of the foregoing.

(c)   Any content uploaded by an independent third party, including but not limited to, photos, links, “tweets” and “retweets”, responses, comments, blog posts, “likes”, links or endorsements for products and services on third party website and social media sites (“Third Party Content”), to the Website shall remain the property of the applicable third party. You agree that HomeMD Technologies does not control the use of, and is in no way liable for, any Third Party Content. Your use of Third Party Content is at your own risk and may be subject to additional licenses, policies and laws not set out in these Terms. For certainty, the mention of another person or its/his/her/their information, data, product or service on this Website should not be construed as an endorsement of that person or its/his/her/their information, data product or service.

4.       NO MEDICAL ADVICE.

(a)   The Website, including the HomeMD Technologies’ Content and User’s Content, is provided for general informational purposes only, and does not constitute any representation as to the medical or health conditions, or safety, efficacy, suitability, effectiveness of any treatments or consultations obtained through the Website, and is not intended to provide, or to be a substitute for, professional medical advice.

(b)  ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER FOR ANY QUESTIONS YOU MAY HAVE ABOUT ANY ILLNESS OR OTHER CONDITION, INCLUDING THE SUITABILITY OR EFFECTIVENESS OF ANY PARTICULAR COURSE OF TREATMENT. NEVER DISREGARD ANY PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ ON THIS WEBSITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

5.       PERSONAL INFORMATION, PERSONAL HEALTH INFORMATION AND PRIVACY.

(a)   By using the Website you consent to the collection, use and disclosure of your Personal Information by HomeMD Technologies and any other regulated health professional or his or her professional corporation that enters into contractual arrangements with HomeMD Technologies in relation with the Application (each, an “Authorized Contractor”), in accordance with our Privacy Policy. For the purpose of these Terms, “Personal Information” shall have the meaning ascribed to that term in the Privacy Policy.

(b)  By using the Website you consent to the collection, use and disclosure of your personal health information by any Authorized Contractor and you acknowledge that an Authorized Contractor may share any such personal health information with its agents and contractors, including, without limitation, HomeMD Technologies. For the purpose of these Terms, “personal health information” shall have the meaning ascribed to that term in the Personal Health Information Protection Act, 2004 (Ontario).

(c)   You further agree to abide by and be subject to our Privacy Policy and any obligations arising from or pertaining to local, provincial and federal laws of Canada specifically relating to personal information, electronic health records, and medical information and records of users of the Website.

6.       SUBMISSIONS.

If you provide HomeMD Technologies with any comments, suggestions, recommendations, feedback or other information with respect to the Website (“Feedback”), including, without limitation, Feedback relating to modifications, enhancements and improvements to the Website, you agree that you have the right to provide such Feedback to HomeMD Technologies and hereby grant HomeMD Technologies an irrevocable, worldwide, perpetual, royalty-free license to use the Feedback for any purpose to the fullest extent permitted by applicable law.

7.       LIMITATIONS OF LIABILITY.

(a)   IN NO EVENT WILL HOMEMD TECHNOLOGIES, ANY AUTHORIZED CONTRACTOR, THEIR RESPECTIVE AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES (THE “HOMEMD PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, IN EACH CASE HOWSOEVER CAUSED, EVEN IF HOMEMD TECHNOLOGIES OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b)  IN NO EVENT WILL HOMEMD PARTIES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE WEBSITE; ANY OTHER WEBSITE ACCESSED TO OR FROM THE WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF HOMEMD TECHNOLOGIES, EVEN IF HOMEMD TECHNOLOGIES OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

(c)   WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE HOMEMD PARTIES’ COLLECTIVE AND TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES or the website EXCEED THE SUM OF FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.

8.       DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ALL of its CONTENT, INCLUDING BUT NOT LIMITED TO HOMEMD TECHNOLOGIES’ CONTENT, USER’s CONTENT, THIRD PARTY CONTENT, THIRD PARTY PRODUCTS, SERVICES AND SOFTWARE listed OR MADE AVAILABLE THROUGH this WEBSITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANT­ABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

9.       INDEMNITY.

You shall indemnify, defend and hold harmless the HomeMD Parties forthwith following written demand, from any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages, taxes, penalties, liabilities or other obligations whatsoever, whether civil or statutory (including reasonable legal fees and expenses) arising in connection with: (i) the infringement of another person’s rights by the User’s Content; (ii) your use of the Website in breach of these Terms; or (iii) your failure to comply with any provision of these Terms.

10.    GOVERNING LAW.

These Terms are governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law.

11.    DISPUTE RESOLUTION.

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND HOMEMD TECHNOLOGIES or any authorized contractor ARISING FROM OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE WEBSITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered under the Arbitration Act, 1991 (Ontario) (the “Arbitration Act”) by one (1) arbitrator (the “Arbitrator”) in Toronto, Ontario. The Arbitrator shall be selected by the mutual agreement of the parties to the arbitration or, failing such agreement, shall be appointed by a judge pursuant to the Arbitration Act. The Arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this Section 11, including any unconscionability challenge or any other challenge that this Section 11 or the Terms are void, voidable or otherwise invalid. The Arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the Arbitrator will be final and binding on each of the parties to the arbitration and may be entered as a judgment in any court of competent jurisdiction.

You agree to arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS of the website IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The Arbitrator may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The Arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to this class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this Section 11 is found to be unenforceable, such provision will be severed and the remainder of this Section 11 will be enforced.

12.    ENTIRE AGREEMENT.

These Terms, the Privacy Policy, and all others documents incorporated herein or therein by reference and any and all other legal notices posted on the Website, constitute the entire agreement between you and HomeMD Technologies with respect to the use of the Website.

13.    WAIVER.

No waiver of any provision of these Terms shall be binding on HomeMD Technologies unless executed by HomeMD Technologies in writing. No waiver of any of the provisions of these Terms shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

14.    SEVERABILITY.

Any provision of these Terms which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

15.    ASSIGNMENT.

These Terms may be assigned by HomeMD Technologies without notice to you or consent from you. These Terms may only be assigned by you with the prior written consent of HomeMD.

16.    AMENDMENT.

You acknowledge that HomeMD Technologies, may, in its sole discretion, modify or change the terms of these Terms (and any license provided pursuant thereto) and the Privacy Policy at any time, without notice to you, and you agree to be bound by the most current terms and conditions of these Terms and the Privacy Policy.

17.    ENUREMENT.

These Terms shall inure to the benefit of and be binding upon you and HomeMD Technologies and their permitted successors and assigns.

18.    ACKNOWLEDGEMENTS

You acknowledge that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

 

© Copyright 2018 HomeMD Technologies Inc.

HOMEMD TECHNOLOGIES APPLICATION TERMS OF USE

These HomeMD Technologies Application Terms of Use (“Terms”) govern your use of the HomeMD Mobile App, including any part thereof (the “Application”), and your relationship with HomeMD Technologies Inc. (“HomeMD Technologies”) and third parties regarding such use.

BY CLICKING “AGREE”, ACCESSING OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND HOMEMD TECHNOLOGIES. IF YOU DO NOT AGREE TO THESE TERMS, CLICK “DISAGREE” AND DO NOT ACCESS OR USE THE APPLICATION.

As used in these Terms, the terms “you” and “your” shall be deemed to refer to the person who has downloaded the Application and any person who uses the Application. As used in these Terms, the terms “we,” “us,” and “our,” refers to HomeMD Technologies and its employees, directors, officers, subcontractors, representatives and agents.

1.              THE APPLICATION AND SERVICES

The Application provides to users of the Application (“Users”) the following services (collectively, “Services”):

(i)              arranging for physicians or other medical practitioners (each, a “Practitioner”) to answer to house calls (each, a “House Call”);

(ii)             providing a platform “in the cloud” where Users can attend video consultations (each, a “Video Call”), book appointments online, talk to healthcare professionals, and more; and

(iii)            arranging appointments at a physical clinic where Users can walk in and be examined.

The provision of health care services (the “Health Care Services”) by Practitioners will constitute a separate agreement between you and the Practitioner and will not involve HomeMD Technologies as a party or otherwise. HomeMD Technologies is neither responsible nor liable for the Health Care Services provided by the Practitioner, including the availability or non-availability of such Health Care Services. For certainty, “Services” does not include the Health Care Services provided by a Practitioner. Any decision by you to accept the Services is a decision made in your sole discretion.

2.              ELIGIBILITY

Prior to using the Services, you must register. Registration requires the User’s correct and full first and last name, email address (“user name”), mailing address, phone number and login password (collectively, the “Registration Information”). You may also enter information regarding your medical requirements and conditions. All Personal Information provided by the User to HomeMD Technologies will be processed in accordance with our Privacy Policy accessible at https://www.homemd.ca/privacy-policy. A successful registration, including acceptance of these Terms, is required to be able to use the Services. For the purpose of these Terms, “Personal Information” shall have the meaning ascribed to that term in the Privacy Policy.

The Services are only for use within Canada by residents of Canada who are registered through the Application. You must be the age of majority in the jurisdiction of your residence. The Application and the Services are not permitted to be used by minors without direct supervision and guidance by a parent or legal guardian. For the purposes of these Terms, a “minor” is someone who has not reached: (a) the age eighteen; or (b) the age of majority in the jurisdiction from which the Application is being accessed in the event that the age of majority in such jurisdiction is greater than eighteen years. If you are a minor, you are not permitted to access, review or otherwise use the Application or the Services without direct supervision by and guidance of a parent or legal guardian. Notwithstanding the foregoing, the parent or legal guardian of a minor has the right to set up an account on the Application on behalf of such minor and to link such account to his or her account in accordance with Section 7, to the extent permitted by law and provided such parent or legal guardian has legal authority to represent such minor.

3.              MODIFICATIONS AND SUPPLEMENTAL TERMS

HomeMD Technologies reserves the right to modify these Terms at any time in our sole discretion. We will provide notice of such changes by providing a notice through the Application interface, or by providing notice using such other methods we deem appropriate, including by publishing a revised version of these Terms on the HomeMD Technologies’ website accessible at https://homemd.ca(the “Website”) or by emailing the email address associated with your account on the Application. Such changes will be effective on the effective date specified in the revised Terms. Before you may continue accessing or using the Application after the revised Terms come into effect, HomeMD Technologies may require you to signify your acceptance of the revised Terms by electronically clicking on a button or similar means. By signifying your acceptance of the revised Terms or continuing to use or access the Application after the revised Terms have come into effect, you will be considered to have agreed to be bound by the revised Terms. If you object to any such changes, you may not continue to use or access the Application and your sole recourse will be to stop using the Application.

Supplemental terms may apply to certain Services, such as policies for specific activities such as arranging home visits. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

4.              LICENSE GRANT

Subject to your compliance with these Terms, HomeMD Technologies grants you a limited, non-exclusive, revocable, personal, non-assignable and non-transferable license to access and use the Application for your personal, non-commercial use only. To the extent permitted by law, HomeMD Technologies may revoke or suspend this license at any time at its sole discretion without notice to you. This license will automatically expire upon the termination of these Terms.

5.              USE RESTRICTIONS

You shall not use the Application for any purpose other than those authorized by these Terms. You agree that you will not do, or attempt to do, any of the following:

·       use the Application to engage in any activity or conduct that violates the law, is abusive, dangerous, harassing, discriminatory, defamatory, tortious, obscene, or invasive of another person’s privacy;

·       engage in any activity that could interfere with, disrupt, negatively affect, or inhibit other Users from fully using the Application, or that could damage, disable, overburden, impair or otherwise negatively affect the functionality of the Application or HomeMD Technologies’ network or computer systems;

·       circumvent, disable, interrupt, limit or otherwise impair the security, access controls or copyright protections of the Application or HomeMD Technologies’ network or computer systems;

·       without limiting the generality of the preceding, use the Application to publish, post, share, copy, store or distribute malware, including viruses, Trojan horses, worms, or any other similar applications that may damage the operation of the Application or any other person’s device, networks or computer system;

·       permit any other person to use your login credentials or account on the Application unless you permit such other person to formally link his or her account to your account on the Application in accordance with Section 7;

·       misrepresent your identity or impersonate any person when accessing or using the Application;

·       infringe the rights (including, without limitation, intellectual property rights, including, copyright and related rights, trademark rights, patent rights, privacy rights, moral rights and rights of personality and personhood) of any person by using, accessing or uploading content on the Application;

·       decompile, reverse engineer, disassemble or create derivative works of the Application;

·       loan, rent, lease or otherwise provide the Application to any third party;

·       solicit other Users for any purpose whatsoever;

·       export, re-export, transfer or disclose the Application to or for any prohibited or restricted destination, end user or end-use;

·       overuse the Application including, without limitation, request more than 20 Video Calls per year and 10 House Calls per year; or

·       engage in any activity that violates, or encourage or promote any activity that violates, these Terms.

Without limiting the generality of any other terms herein, if HomeMD Technologies believes, at its sole discretion, that you have violated these Terms, HomeMD Technologies may immediately terminate or suspend your access to the Application.

6.              FEES

You hereby agree: (i) to pay to HomeMD Technologies on the date hereof and on the same day of each following month thereafter until you delete your account on the Application, by credit card, a monthly fee in the amount of $50.00 (the “Monthly Fee”), plus taxes, as consideration for the access to and use of the Application; (ii) that HomeMD Technologies may, without notice to you, adjust the Monthly Fee from time to time in accordance with the fee schedule available on the Website at https://homemd.ca and that any such adjustment will be automatically applicable to the Monthly Fee payable by you.

You hereby expressly authorize HomeMD Technologies to charge any and all fees and applicable taxes for any and all purchases that you make through the Application (“In-App Purchases”) to the credit card that is used to pay the Monthly Fee.

You further agree that the Monthly Fee or any fee charged for In-App Purchases does not include any fees that may be charged for Health Care Services provided to you (the “Professional Fees”) and that any such Professional Fees (some of which may be insured under OHIP and some of which may be charged by or on behalf of a Practitioner on a fee for service or block billing basis) will be charged to you separately in accordance with applicable law. For clarity, such Professional Fees may be charged to the credit card that is used to pay the Monthly Fee or any fee charged for In-App Purchases.

7.              LINKING ACCOUNTS

You have the right to permit one or more other persons to link his or her account on the Application to your account on the Application. If you take steps to permit one or more other persons to link his or her account on the Application to your account on the Application, you are deemed to have consented to sharing your Personal Information and your personal health information with such other person(s) and HomeMD Technologies shall have no liability whatsoever in respect with such sharing of Personal Information and personal health information. For the purpose of these Terms, “personal health information” shall have the meaning ascribed to that term in the Personal Health Information Protection Act, 2004 (Ontario).

8.              INTELLECTUAL PROPERTY

You acknowledge that, unless specifically provided by you or a third party, any and all information, content, data, photographs, videos, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade names contained in or made available through the Application (collectively, the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, is the property of HomeMD Technologies or its licensees, or the respective owner as indicated. All Content is protected by Canadian and worldwide copyright, trademark and other intellectual property laws and treaty provisions. HomeMD Technologies or its licensors grant you a limited, non-exclusive, revocable, personal, non-assignable and non-transferable license to use and display on your device the Content for your own personal, private and non-commercial use only.

All Content is and will remain the property of HomeMD Technologies, its licensors or its respective owner, whether or not specifically recognized or perfected under applicable law. All trademarks, trade names, logos or other words or symbols identifying the Application or HomeMD Technologies’ business, products and services (the “Marks”) are and will remain the exclusive property of HomeMD Technologies or its licensors, whether or not specifically recognized or perfected under applicable law.

You will not acquire any right, title, or interest in or to the Application, Content or Marks, except for the limited rights specified in these Terms. HomeMD Technologies or its licensors, as applicable, will own all rights in any copy, translation, modification, adaptation or derivation of the Application, including any improvement or development thereof.

If you choose to upload any content to the Application, including but not limited to photos, comments, responses, ratings, rankings, notes, opinions, health records and data (the “User’s Content”), you represent and warrant that you own the User’s Content, or have the necessary rights in or to the User’s Content, in order to grant HomeMD Technologies the rights provided under this Terms in respect of the User’s Content. You hereby grant to HomeMD Technologies and its affiliates a perpetual, royalty-free, worldwide, non-exclusive, transferable, sub-licensable license to use, on and in connection with the Application, the User’s Content. You hereby waive any and all moral rights in any User’s Content in favour of HomeMD Technologies and its officers, directors, employees, agents and affiliates. For certainty, nothing in these Terms shall be construed as authorizing HomeMD Technologies to use your personal health information for any purpose other than providing the Services.

Any content uploaded by an independent third party, including but not limited to, photos, links, “tweets” and “retweets”, responses, comments, blog posts, “likes”, links or endorsements for products and services on third party website and social media sites (“Third Party Content”), to the Application shall remain the property of the applicable third party. You agree that HomeMD Technologies does not control the use of, and is in no way liable for, any Third Party Content. Your use of Third Party Content is at your own risk and may be subject to additional licenses, policies and laws not set out in these Terms. For certainty, the mention of another person or its/his/her/their information, data, product or service on this Application should not be construed as an endorsement of that person or its/his/her/their information, data product or service.

9.              NO MEDICAL ADVICE

The Application, including all content uploaded to the Application, is provided for general informational purposes only, and does not constitute any representation as to the medical or health conditions, or safety, efficacy, suitability, effectiveness of any treatments or consultations obtained through the Application, and is not intended to provide, or to be a substitute for, professional medical advice.

ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER FOR ANY QUESTIONS YOU MAY HAVE ABOUT ANY SYMPTOMS, ILLNESS OR OTHER CONDITION, INCLUDING THE SUITABILITY OR EFFECTIVENESS OF ANY PARTICULAR COURSE OF TREATMENT. NEVER DISREGARD ANY PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ ON THIS APPLICATION. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

10.            PRIVACY

By using the Application and receiving the Services you consent to the collection, use and disclosure of your Personal Information by HomeMD Technologies in relation to the Application in accordance with our Privacy Policy accessible at https://www.homemd.ca/privacy-policy.

By using the Application you consent to the collection, use and disclosure of your personal health information by the Practitioner providing Health Care Services to you (each, an “Authorized Contractor”), solely for the purpose of providing such Health Care Services to you, and you acknowledge that such Authorized Contractor may need to share any such personal health information with its agents and contractors, including, without limitation, HomeMD Technologies and other Practitioners, in connection with the services provided to the Authorized Contractor by such agents and contractors.

For clarity, HomeMD Technologies will only collect your Registration Information and Authorized Contractors may collect both your Personal Information and your personal health information.

You further agree to abide by and be subject to our Privacy Policy and any obligations arising from or pertaining to local, provincial and federal laws of Canada specifically relating to personal information, electronic health records, and medical information and records of users of the Application.

11.            APPLICATION STORE RULES

You will comply with all applicable restrictions, requirements and rules that govern applications downloaded through the application store through which you obtained the Application (for example, the Apple App Store or Google Play). If you download and use the iOS version of the Application, you acknowledge that these Terms are entered into by and between HomeMD Technologies and you and not with Apple Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of these Terms and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. You acknowledge that you have reviewed the App Store Terms and Conditions (currently located at https://www.apple.com/legal/internet-services/itunes/ca/terms.html). These Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple (currently located online at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). For purposes of these Terms, the Application is considered the “Licensed Application” as defined in the LAEULA and HomeMD Technologies is considered the “Application Provider” as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, the terms of these Terms will control. You further acknowledge and agree that in no event will Apple be responsible for any claims relating to the Application (including a third party claim that the Application infringes that third party’s intellectual property rights) or your use or possession of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. For other mobile operating systems, additional terms may apply to your downloading, installation and use of the Application, as set out in your agreement with the app store or other download facility that you use.

12.            SUBMISSIONS

If you provide HomeMD Technologies with any comments, suggestions, recommendations, feedback or other information with respect to the Application (“Feedback”), including, without limitation, Feedback relating to modifications, enhancements and improvements to the Application, you agree that you have the right to provide such Feedback to HomeMD Technologies and hereby grant HomeMD Technologies an irrevocable, worldwide, perpetual, royalty-free license to use the Feedback for any purpose to the fullest extent permitted by applicable law.

13.            DISCLAIMERS

HOMEMD TECHNOLOGIES PROVIDES THE APPLICATION “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOMEMD TECHNOLOGIES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, HOMEMD TECHNOLOGIES DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION IS ERROR-FREE OR FREE FROM INFRINGEMENT, OR THAT THE APPLICATION OR ITS FEATURES WILL ALWAYS BE SECURE, RELIABLE, AVAILABLE, TIMELY, COMPLETE OR ERROR-FREE. YOUR RELIANCE ON ANY FEATURE OF THE APPLICATION IS AT YOUR OWN RISK AND YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL OF YOUR ACTIVITIES IN CONNECTION WITH THE APPLICATION. Some jurisdictions do not allow limitations of implied warranties, so certain limitations stated above may not apply to you, in which case such warranties shall be limited to the extent permitted by applicable law.

14.            LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOMEMD TECHNOLOGIES, any Authorized Contractor, THEIR RESPECTIVE AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, “HOMEMD PARTIES”) WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE APPLICATION OR ANY ASSOCIATED DOCUMENTATION, OR YOUR RELIANCE OR INABILITY TO RELY ON ANY FEATURES OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR COMPUTER PROGRAMS, BUSINESS INTERRUPTIONS, OR TO OTHER PECUNIARY LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE HOMEMD PARTIES’ COLLECTIVE AND TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES or the application EXCEED THE SUM OF FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.

15.            INDEMNITY

In consideration of HomeMD Technologies’ license of the Application and provision of the Services to you, to the maximum extent permitted by law and unless prohibited by law, you agree to defend, indemnify and hold the HomeMD Parties harmless from and against any and all losses, damages, injuries (including death), causes of action, claims, penalties, interest, additional taxes, demands, and expenses, including reasonable legal fees and expenses, of any kind or nature arising out of or on account of, or resulting from, any third party claim or demand made to or against any of the HomeMD Parties arising out of any of the following: (i) your failure to comply with these Terms; (ii) your negligence, willful misconduct, or fraud; (iii) HomeMD Technologies’ use, non-use or publication of your Feedback; (iv) your violation of any third-party right, including without limitation, any intellectual property right or related right, publicity, confidentiality, property or privacy right; (v) the infringement of another person’s rights by the User’s Content; (vi) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (vii) any misrepresentation made by you; (viii) you giving permission to another person to use your login credentials; or (ix) the linking of your account with the account of any other person on the Application or the linking of the account of any other person with your account on the Application. Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any claims involving HomeMD Technologies without the prior written consent of an officer of HomeMD Technologies. This provision shall remain in full force and effect notwithstanding any termination of your use of the Application.

16.            TERMINATION

You may terminate these Terms with HomeMD Technologies at any time and for any reason by deleting your account on the Application and deleting the Application from your device(s). No notice is required for you to terminate your use of the Application.

HomeMD Technologies may also terminate these Terms with you at any time and for any reason, at its sole discretion. No notice is required for HomeMD Technologies to terminate these Terms. This means that HomeMD Technologies may suspend or terminate your use of the Application, including any portion thereof, at any time and for any reason, without incurring liability of any kind. If, in HomeMD Technologies’ determination, the suspension might be indefinite or HomeMD Technologies has elected to terminate your access to the Application, HomeMD Technologies may use reasonable efforts to notify you.

Any provision of these Terms that contemplates performance or observance subsequent to any termination of these Terms, including without limitation Sections 8, 9, 10, 13, 14, 15, 16, 17, 19, 20, 22, 23 and 25 , will survive any termination or expiration of these Terms and continue in full force and effect.

17.            GOVERNING LAW

These Terms are governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law.

18.            DISPUTE RESOLUTION

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

TO THE EXTENT PERMITTED BY LAW, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND HOMEMD TECHNOLOGIES or any Authorized Contractor ARISING FROM OR RELATING IN ANY WAY TO the provision of the SERVICES OR YOUR ACCESS OR USE OF THE APPLICATION WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 

The arbitration will be administered under the Arbitration Act, 1991 (Ontario) (the “Arbitration Act”) by one (1) arbitrator (the “Arbitrator”) in Toronto, Ontario. The Arbitrator shall be selected by the mutual agreement of the parties to the arbitration or, failing such agreement, shall be appointed by a judge pursuant to the Arbitration Act. The Arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this Section 18, including any unconscionability challenge or any other challenge that this Section 18 or the Terms are void, voidable or otherwise invalid. The Arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the Arbitrator will be final and binding on each of the parties to the arbitration and may be entered as a judgment in any court of competent jurisdiction.

You agree to arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The Arbitrator may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The Arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to this class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this Section 18 is found to be unenforceable, such provision will be severed and the remainder of this Section 18 will be enforced.

19.            ASSIGNMENT

These Terms cannot be assigned or transferred by you without the prior written consent of HomeMD Technologies. HomeMD Technologies may assign its rights and delegate its obligations under these Terms to any other person at HomeMD Technologies’ sole discretion. These Terms bind the parties to it, their heirs, successors, legal representatives and permitted assigns.

20.            ENTIRE AGREEMENT

These Terms, the Privacy Policy and all others documents incorporated herein or therein by reference and any and all other legal notices posted on the Application constitute the entire and exclusive agreement between you and HomeMD Technologies regarding your access and use of the Application, and supersede and replace any prior agreements between you and HomeMD Technologies regarding the Application.

21.            INJUNCTIVE RELIEF

You acknowledge that your unauthorized use of the Application or unauthorized disclosure, use or disposition of any Content or Marks would cause irreparable harm and significant injury to HomeMD Technologies that would be difficult to ascertain. Accordingly, you agree that HomeMD Technologies shall have right the under this Section 21 to obtain appropriate equitable relief in any court of competent jurisdiction, in addition to any other remedies that may be available under these Terms or at law. You waive the requirement of any bond being posted as security for such equitable relief.

22.            NO WAIVER

If HomeMD Technologies fails to enforce any right arising under these Terms on any occasion, the failure shall not waive that or any other right.

23.            Severability

Any provision of these Terms which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

24.            INTERPRETATION

These Terms may not be construed more strictly against one party than the other. These Terms have been drawn up in the English language at the express request of the parties. Cette entente et tout document y ayant rapport ont été rédigés dans la langue anglaise à la demande expresse des parties.

25.            DATA CHARGES AND MOBILE DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Data and messaging rates and fees of your network provider may apply if you access or use the Services from any device, including your mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates to them. HomeMD Technologies does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Last Revised: Jan 19th , 2018

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