myMedcan Terms of Use

myMedcan Terms of Use

Last Revised: January 6, 2020

This terms of use agreement (“Agreement”) between you and Medcan Health Management Inc. (“Medcan”) governs your access and use of the online myMedcan client portal  available through the website www.mymedcan.com or www.mymedcan.Medcan.com (“myMedcan”).

Please read this Agreement carefully. By accepting this Agreement, you are stating that you have read and understood this Agreement and that you agree to be bound by its terms. If you do not agree with the terms in this Agreement, your sole recourse is not to accept it and cease use of myMedcan.

  1. HOW TO ACCESS MYMEDCAN

To access myMedcan, you will self-register by defining a username and you will be required to set a password. You may be given the opportunity to input personal health information, contact information and other personal information (collectively, “Personal Information”) into myMedcan. This Personal Information may become part of your health record. See the Online Privacy Policy and Client Privacy Policy for information about how we manage, use and make available your Personal Information.

You agree to ensure that your Personal Information is accurate, current and complete, and that you keep all such information (including but not limited to your email address) up to date at all times. Medcan reserves the right to terminate any individual’s myMedcan account whose Personal Information has fallen out-of-date or cannot be verified for any reason.

You are responsible for maintaining the confidentiality of your username and password. Keep your password in a secure place and do not allow any unauthorized persons to access myMedcan using your password. You are responsible for all activity that occurs under your password. If you suspect that others have knowledge of your password, have accessed your myMedcan without consent, or suspect any other security breach, you are expected to report this to us immediately. Access to and use of myMedcan is restricted to myMedcan registered users. Attempting to access myMedcan without authorization is prohibited.

 

  1. MYMEDCAN PORTAL

myMedcan is intended for you to, among other things, manage and schedule your in-person and virtual appointments, manage your health assessment test results, purchase Medcan services, view your purchase history, communicate with Medcan staff via messaging, educate yourself about health matters of interest, maintain your medical profile, and control your communication preferences along with other Personal Information.

  1. COMMUNICATIONS

The provision of health information and educational material is a core feature of the Medcan service offering. By signing this Agreement, you agree that Medcan may use your email address and other contact information in your profile for the purposes of providing you with information, newsletters, invitations, offers and other communications in relation to Medcan services (“Medcan Communications”) in accordance with your preferences. You can change your preferences by editing your preferences in the “communication preferences” section of myMedcan.

  1. LINKS TO THIRD PARTY WEBSITES

It is our goal to provide increased value to you, our clients. Therefore, myMedcan might offer you links to news and other information available on other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Medcan and that Medcan has no control over the content of such websites (“Third Party Websites”). Consequently, Medcan cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the news or other information available through our links to such websites.

The links which we might place on myMedcan do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

  1. OWNERSHIP / RESTRICTIONS ON USE

myMedcan is owned and operated by Medcan. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in myMedcan are proprietary to Medcan, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.

You may download, print and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Medcan. To obtain written consent for such reproduction, please contact us at marketing@medcan.com.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Medcan.

  1. ACCEPTABLE USE POLICY

As a condition of your use of myMedcan, you represent, warrant and covenant that you will use myMedcan in accordance with this Agreement. Without limiting the foregoing, you will not (and will not attempt to), as applicable:

  • send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on myMedcan any data, information, pictures, videos, music, or other materials or content that:
  • constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation or commercial electronic message;
  • contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
  • you do not have the lawful right to send, upload, collect, transmit, store, use, publish or otherwise communicate;
  • is false, intentionally misleading or impersonates any other person;
  • 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;
  • is harmful to minors in any way or targeted at minors;
  • violates any applicable laws, or 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
  • encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
  • disable, overly burden, impair, or otherwise interfere with servers or networks connected to myMedcan (e.g., a denial of service attack);
  • attempt to gain unauthorized access to myMedcan;
  • use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile myMedcan or any part thereof or otherwise attempt to discover any source code;
  • use myMedcan for the purpose of building a similar or competitive product or service;
  • harvest or otherwise automatically collect any information (including without limitation personal information) about other users of myMedcan, including, without limitation, e-mail addresses, without the express consent of such users;
  • use myMedcan (including without limitation when communicating with other users of myMedcan) under a false identity, or forge or otherwise manipulate identifying information in order to disguise or mislead others about the origin of any material transmitted by you through myMedcan; or
  • use myMedcan other than as permitted by this Agreement.

Medcan retains the right, at its sole discretion, to deny use of myMedcan to anyone, at any time and for any reason, including, but not limited to, for violation of this Agreement. You will cease and desist from using myMedcan immediately upon request by Medcan to do so.

  1. NO ADVICE

Some of the materials and information available on myMedcan such as those found in the education section, are intended for informational purposes only and do not constitute health or other advice nor should it replace consultations with qualified medical or other relevant professionals. Please consult your Medcan health care professional for specific recommendations.

  1. PRIVACY

Your use myMedcan is also governed by our  Online Privacy Policy and Client Privacy Policy   which is incorporated by reference into this Agreement. Please review these privacy policies for details on the manner in which we collect, use, disclose and otherwise manage any of your Personal Information.

  1. AMENDMENTS

From time to time, Medcan may amend this Agreement. Amendments will be posted on myMedcan. Please check back frequently to see the terms of the Agreement then in effect. The amended Agreement will be effective on the effective date indicated therein. Your continued use of myMedcan will constitute acceptance of the amended Agreement. If you disagree with this Agreement, or any amendments to the Agreement, your sole recourse will be to cease using myMedcan and/or to your termination.

  1. RELEASE AND INDEMNITY; LIMITATION OF LIABILITY; NO WARRANTY

By accessing or using myMedcan, you agree to release Medcan, its licensors or partners or their respective employees, officers, directors, consultants, contractors or agents (the “Released Parties”) from any and all liability, claims, demands, losses, costs, expenses, damages (actual and consequential) or actions of any kind and nature (collectively, “Liability”), known and unknown, suspected and unsuspected, disclosed and undisclosed, including reasonable legal fees suffered by you, your executors, administrators or heirs, any third party, or their respective successors or assigns, and agree to defend, indemnify and hold harmless the Released Parties from any Liability suffered by the Released Parties with respect to or resulting from (i) your use of, or your acts or omissions related to, myMedcan, (ii) your breach of this Agreement (including all documents incorporated by reference); or (iii) your violation of any law or the rights of a third party. Without limiting the generality of the foregoing, the Released Parties will not be liable or responsible for: (i) the actions or inactions, acts or omissions, of any myMedcan user, third party or Third Party Websites; (ii) any misrepresentation, inaccurate, harmful, offensive or deceptive content posted on myMedcan, or any such conduct perpetrated, by any other myMedcan user or any third party.

IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH MYMEDCAN OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF THE RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIABILITY OF THE RELEASED PARTIES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT, IF ANY, PAID BY YOU (OR ON YOUR BEHALF) TO US FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND $150.

THE RELEASED PARTIES PROVIDE MYMEDCAN ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE RELEASED PARTIES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR CERTAIN LIMITATIONS ON IMPLIED WARRANTIES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Each Released Party which is not a party to this Agreement is hereby constituted a third party beneficiary of the provisions of this Section 10.

  1. TERM AND SURVIVAL

This Agreement will continue until one of the following occurs: (1) you cease to be a Medcan client , (2) you breach any of the terms of this Agreement, (3) you use myMedcan in any fraudulent, misleading, material or harmful manner; or (4) Medcan elects to terminate this Agreement, with or without cause and for any reason at its sole discretion, by notice to you. In the event that this Agreement is terminated for any of the reasons stated above, you agree to discontinue any further use of myMedcan. Any provision of this Agreement that imposes or contemplates continuing obligations on or of a party will survive any expiration or termination of this Agreement.

You are responsible for backing up the information that is provided through myMedcan. If your usage is terminated for any reason, we may delete your data from myMedcan.

The following Sections, together with any other provision of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive expiration or termination of this Agreement for any reason: Sections 5 (Ownership/Restrictions on Use), 8 (Privacy), 10 (Release And Indemnity; Limitation Of Liability; No Warranty), 11 (Term and Survival), and 13 (General Provisions).

  1. NOTICES

Except as explicitly stated otherwise or as required by law, you will provide any notices to Medcan by contacting us in writing or by email at the following address: corporate@medcan.com
Medcan will provide any notices to you by email to the email address you provide Medcan and will be deemed given upon transmission.

  1. GENERAL PROVISIONS

This Agreement does not, is not intended to and will not be construed as creating any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Medcan. You may not transfer your rights under this Agreement. The waiver of any breach or default under this Agreement will not constitute a waiver of any subsequent breach or default. This Agreement is deemed to be concluded in, and will be governed by and interpreted in accordance with the laws of the Province of Ontario, without regard to principles of conflicts of law. You agree that any action to enforce this Agreement may be brought in the Province of Ontario. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of this Agreement and waive any objections and defenses inconsistent with such venue.

You may not assign this Agreement to any third party without our prior written consent. We may assign this Agreement or any rights under this Agreement to any third party without your consent. Any assignment in violation of this provision will be void. The terms of this Agreement will be binding upon permitted assignees. This Agreement will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

This Agreement, and any agreements incorporated by reference herein, set forth the entire understanding and agreement between you and Medcan with respect to the subject matter hereof. Headings and captions of the sections are for reference purposes only. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced.