A. The Medi-call Platform and Services.
Medi-call Corporation (“Medi-call”, “we”, “us”) owns and operates an information technology platform consisting of applications, websites, content, products and services (collectively referred to as the “Medi-call Platform”). The Medi-call Platform enables registered users (“Users”, “you”, “your”) to access telehealth services provided by healthcare providers registered to practice in a province or territory of Canada (collectively, “Authorized Providers”) and certain other health-related services. Telehealth is healthcare delivered through interactive text, audio and/or video technology, where the patient and the healthcare provider are not in the same physical location (telehealth services provided through the Medi-call Platform are referred to in these Terms collectively as “Healthcare Services”). The Medi-call Platform also enables Users to store certain personal and personal health information (collectively “PHI, Personal Health Information”), share their PHI with Authorized Providers, electronically receive and store prescriptions, sick notes and other documents In addition, Medi-call provides optional services at a User’s direction. Those services include Medi-call securely faxing a summary of the User’s consultations with Authorized Providers to a healthcare provider of the User’s choice, securely faxing prescriptions to the User’s pharmacy of choice, providing notice when the User’s prescription is ready for pick-up, opening an account for Users with a prescription delivery service, and where available, securely transmitting User information to a prescription delivery service. Medi-call may make additional optional services available to Users from time to time.
In order to open an account to use the Medi-call Platform, you must:
be at least 18 years of age, be associated with and meet the age and other eligibility requirements established by an institutional client of Medi-call (see Section P(3), “Third Party Payment/Coverage”) and be registered by that client (for example, international students in Canada whose User fees are paid by an insurance provider registered with Medi-call);
be a temporary or permanent resident of a province or territory of Canada (“Residency Requirements”); and
register with Medi-call.
Users may register individuals for whom they have the legal right to make healthcare decisions (“Registered Dependents”) and use the Medi-call Platform on their behalf. Users are required to create a separate “profile” for each Registered Dependent, which includes his or her name and other personal information. Where you are using the Medi-call Platform on behalf of Registered Dependents, the terms “you” and “your” in these Terms include those Registered Dependents. For clarity, nothing in these Terms requires Medi-call to accept any registrant as a User, notwithstanding that the registrant meets Medi-call’s eligibility requirements as amended from time to time. Supplementary Terms specific to certain users may also apply. Supplementary Terms are incorporated into and become part of these Terms.
C. Agreement with Medi-call.
These Terms govern Users access to and use of the Medi-call Platform. On acceptance by a User, these Terms constitute a binding agreement between Medi-call and the User. These Terms also govern a User’s participation in Medi-call’s Referral Program, Gift Card Program, and the Purchasing Credit Program (collectively "Medi-call Programs"). By clicking on the “I accept” button below, you are agreeing to these Terms. If you do not agree to these Terms at any point, you must not, or must immediately cease accessing the Medi-call Platform and participating in any Medi-call Programs.
D. User representations and warranties.
You represent and warrant (promise) to Medi-call and acknowledge that Medi-call is relying on your representations and warranties that:
you and your Registered Dependents meet the Residency Requirements and will continue to do so at the point in time that you request and that Healthcare Services are provided;
you are authorized to act for your Registered Dependents and more particularly to make decisions regarding their healthcare; and
you will use the Medi-call Platform solely for your personal and non-commercial use.
E. Nature and Scope of Healthcare Services
Authorized Providers, Relationship with User. Only regulated health professionals may provide Healthcare Services. Authorized Providers may be Authorized Physicians or Authorized Non-Physician Providers. Authorized Physicians are physicians registered to practice medicine in at least one province or territory of Canada. Authorized Non-Physician Providers are regulated health professionals other than physicians (such as psychotherapists or nurses) registered to practice their profession in a province or territory of Canada.
Telehealth licensing requirements. Each province and territory of Canada has its own rules about who may practice telehealth and the conditions for doing so. Depending on the rules in the province or territory in which you reside, Authorized Providers may not be located in your province or territory of Canada when delivering Healthcare Services to you. We display the jurisdiction in which Authorized Providers are located when we connect you to them for a consultation. In some cases, the information is available on our website. If you would like more information, please consult the regulator (generally referred to as the “College” of a regulated health profession, for example the “College of Physicians and Surgeons”) of which the Authorized Provider is a member. Most if not all health profession regulators in Canada maintain a register of their members accessible through their website.
Not a Replacement for Primary Care. Healthcare Services do not take the place of appointments with your regular primary care provider. If you do not have a primary care provider, we encourage you to find one. Medi-call does not provide your primary care provider with a report of the Healthcare Services that you receive. We strongly recommend that you at least notify your primary care provider that you received, and the reason for which you received Healthcare Services so that your primary care provider can take them into account, including any medications prescribed for you. Your primary care provider may ask you to describe what the Authorized Provider found. To assist you in providing that information, the Medi-call Platform enables you to send a summary of your Healthcare Services to the healthcare provider of your choice.
As a term and condition of receiving Healthcare Services, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
a. The Medi-call Platform is a technology platform that facilitates connecting Users (and any Registered Dependents) with Authorized Providers for the provision of Healthcare Services. While Medi-call facilitates access to Healthcare Services provided by Authorized Providers, it is not registered to provide Healthcare Services and does not do so as more particularly described below.
b. Authorized Providers are independent contractors who have chosen to use the Medi-call Platform to provide Healthcare Services. Authorized Providers are not employees or otherwise acting on behalf of Medi-call in providing Healthcare Services. The relationship between you and an Authorized Provider providing you Healthcare Services is a health professional-patient relationship to which Medi-call is not a party.
c. AUTHORIZED PROVIDERS ARE SOLELY RESPONSIBLE FOR THE HEALTHCARE SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS AND COMPLIANCE WITH PRIVACY LAW.
d. As the rules regarding telehealth differ (or may differ from time to time), among the provinces and territories, the Healthcare Services that are available to you will depend on your province or territory of residence and the location you are in at the time you request the services.
e. You will only request Healthcare Services for you or for your Registered Dependents.
f. As with any other healthcare consultation, no results can be guaranteed or assured in connection with Healthcare Services. Your Authorized Provider may determine Healthcare Services are not appropriate for some or all of your treatment needs or that he or she is not permitted to provide the services you require and may elect not to provide Healthcare Services to you. Authorized Providers also have the discretion to discontinue the provision of Healthcare Services to you at any time and for any reason.
g. You are responsible for providing the Authorized Provider with the information that he or she advises is required in order to provide you with Healthcare Services. If you decline to provide that information, the Authorized Provider may not be able or willing to provide you with Healthcare Services.
i. THE MEDI-CALL PLATFORM CANNOT BE USED FOR EMERGENCY HEALTHCARE. IF YOU BELIEVE THAT YOU ARE DEALING WITH AN EMERGENCY, YOU WILL CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
j. The following symptoms are NOT eligible to be treated through the Healthcare Services: chest pains; difficulty breathing; fever in children under the age of 3 months; blackouts or feeling like you may blackout; any impairment in level of consciousness; stroke like symptoms such as impaired sensation or paralysis to one side of your body; inability to speak or comprehend language; any abdominal pain severe enough that you are unable to comfortably walk.
k. Unless they have an ongoing treating relationship with you, Authorized Providers are NOT permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs, which may be harmful because of their potential for abuse.
l. ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU WILL FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
m. You will not report drug reactions, side effects or adverse events through the Medi-call Platform. You will report any medication reactions, side effects or other adverse events to your primary care provider, or if you do not have one, to the nearest walk-in clinic or emergency room, or in an emergency, call 911.
n. You will seek emergency help or follow-up care when recommended by an Authorized Provider.
G. Technology-related Terms.
As a term and condition of using the Medi-call Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
1. You are prohibited from and will not:
a. remove or alter any copyright, trademark, brand elements or other proprietary notices;
b. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Medi-call Platform except as expressly permitted by Medi-call;
c. decompile, reverse engineer or disassemble the Medi-call Platform;
d. link to, mirror or frame any portion of the Medi-call Platform;
e. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Medi-call Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Medi-call Platform;
f. attempt to gain unauthorized access to or impair any aspect of the Medi-call Platform, or its related systems or networks;
g. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
h. use the Medi-call Platform in a manner that violates any laws.
2. You will:
a. keep secure and not disclose to anyone your Account username and password; and
b. refrain from using abusive language or inappropriate conduct when communicating with anyone through the Medi-call Platform, including Authorized Providers.
3. You will not contact Authorized Providers in respect of Healthcare Services except through the Medi-call Platform. For clarity, Medi-call has no interest in or control over any interaction that you may have with Authorized Providers that is unrelated to Healthcare Services or your use of the Medi-call Platform.
4. Unless otherwise permitted by Medi-call in writing, you may only have one Account.
5. You are responsible for all activity that occurs under your Account.
H. Business Terms.
As a term and condition of using the Medi-call Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
Like certain other health professional services, Healthcare Services are provided for a fee. The fees for Healthcare Services are only for services that are not covered by the health plan of your province or territory of residence (“Plan”).
You will be charged a fee for any Healthcare Services you receive from an Authorized Provider, unless the fee is paid by a third party payer (for example, your employer or insurer) that has entered into an agreement with Medi-call.
You will pay all applicable fees as further described in Section P below and as amended from time to time. We encourage you to contact us if you have questions about fees charged for Healthcare Services.
J. Termination, Effect of Termination.
On notice to you, Medi-call may immediately, at any time and for any reason, terminate your access to the Medi-call Platform and/or your participation in any Medi-call Programs, or cease providing the Medi-call Platform or any portion of the Medi-call Platform and/or any Medi-call Programs. Medi-call has the right to select the means by which it gives you notice. These Terms will continue to apply so long as you continue to have access to the Medi-call Platform or participate in any Medi-call Programs, notwithstanding that you or Medi-call choose to terminate your use of one but not both (or only a portion) of the Medi-call Platform and Medi-call Programs. On termination of your Account, Medi-call will have no further obligation to provide you with access to the Medi-call Platform, except to the extent that Medi-call has an obligation to provide you with access to your PHI.
K. Ownership (Intellectual Property Rights).
The Medi-call Platform, all content and rights therein, except PHI, are and will remain Medi-call’s property or the property of Medi-call’s licensors. Neither these Terms nor your use of the Medi-call Platform convey or grant to you any rights to use or reference in any manner Medi-call’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Medi-call’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content (as defined below), except as expressly permitted by these Terms.
None of the information or materials (collectively, “Content”) available through the Medi-call Platform with the exception of Healthcare Services is health professional advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your primary care provider or another qualified healthcare provider prior to relying on it, and any reliance on Content is at your own risk. Content and material appearing on the Medi-call Platform could include technical, typographical or photographic errors. Medi-call does not warrant that any of the materials provided are accurate or current.
THE MEDI-CALL PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” MEDI-CALL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MEDI-CALL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH USE OF THE MEDI-CALL PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MEDI-CALL DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES AND YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE MEDI-CALL PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES. YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF ANY MEDI-CALL PROGRAM AND ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY REFERRAL YOU MAKE TO MEDI-CALL IS MADE IN COMPLIANCE WITH ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION CANADA’S ANTI-SPAM LEGISLATION (CASL).
N. Limitation of Medi-call’s Liability.
MEDI-CALL, (WHICH IN THIS SECTION N INCLUDES ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS) SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE MEDI-CALL PLATFORM AND/OR HEALTHCARE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE MEDI-CALL PLATFORM AND/OR HEALTHCARE SERVICES OR ANY DELAY IN YOUR DOING SO; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PROVIDER., MEDI-CALL IS NOT LIABLE FOR YOUR INFORMATION STORED OR RECORDED BY ANY COMPUTER, TABLET, MOBILE DEVICE OR ANY NETWORK, WHETHER PUBLIC OR PRIVATE, THAT YOU MAY USE TO ACCESS THE MEDI-CALL PLATFORM.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, UNDER NO CIRCUMSTANCE WILL MEDI-CALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE MEDI-CALL PLATFORM AND/OR HEALTHCARE SERVICES PROVIDED BY AUTHORIZED PROVIDERS.
You agree to indemnify and hold Medi-call (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Medi-call Platform and Healthcare Services obtained through your use of the Medi-call Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Providers, other Users, any person on whose behalf you request Healthcare Services, and/or referred friends. Through the Medi-call Platform, you may use certain services that are not provided by Medi-call and that we identify to you for your convenience, for example, prescription delivery services. To the extent that a service is not provided by Medi-call, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not Medi-call.
P. Fees, Payment Options.
The following are the payment options used by Medi-call. Not all options are available to all Users.
Pay-per-visit option. You may pay the fees for Healthcare Services (“Fees”) at the time you request Healthcare Services. Medi-call requires you to submit credit card information prior to the provision of any Healthcare Services for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services through the Medi-call Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that Medi-call, on behalf of Authorized Providers, may validate your credit card and put a hold on it in the amount of the Fees. Medi-call will notify you of any applicable Fees and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services. Medi-call will provide you with a receipt for the Fees you pay.
Membership option. Medi-call may allow you to purchase access to certain specified Healthcare Services during a fixed membership term for a flat fee (“Membership Fee”). Medi-call will notify you of the applicable Membership Fee and the Healthcare Services that are covered by the Membership Fee in any given year, and will have the Membership Fee processed to your credit card before the first time you obtain Healthcare Services under your membership. For the duration of your membership, you will not be charged additional fees for any Healthcare Services covered by your membership. The only additional fees that would be charged to you would be for Healthcare Services that you request that are outside of your membership and accordingly not covered by your Membership Fee. For access to Healthcare Services not covered by your membership, you must use the pay-per-visit-option. Your membership will automatically renew until cancelled by you in the billing section of your Account settings. In the event of an increase in the Membership Fee, we will notify you in advance, and ask whether you want to continue your membership. Your Membership Fee is non-refundable, except where Medi-call terminates your access to the Medi-call Platform, in which case Medi-call will give you a pro rata refund of your Membership Fee. For clarity, Medi-call will refund the portion of your Membership Fee corresponding to the number of months remaining on your membership on the date of termination.
Administration of Fees Paid to Authorized Providers. We charge Authorized Providers a service fee for using the Medi-call Platform, which we deduct from the fees paid for Healthcare Services, which accrue to Authorized Providers. Medi-call facilitates payment of the fees to Authorized Providers. Payment of the fees through the credit card validation and processing arrangement described above will be considered the same as payment made directly to the Authorized Provider.
Currency, Taxes. All fees for Healthcare Services are in Canadian dollars and inclusive of all applicable taxes.
Q. Medi-call Referral Program, Medi-call Purchasing Credit Program, Medi-call Gift Card Program.
The Medi-call Referral Program allows certain Users to earn credits towards future Fees (“Medi-call Referral Credits”) by referring friends to Medi-call (as permitted under applicable law). Credits can also be purchased in exchange for cash directly through the Medi-call Platform as part of the Medi-call Purchasing Credit Program (“Medi-call Cash Credits“).
How to earn Medi-call Referral Credits. Users can earn Medi-call Referral Credits if: (i) a referred friend clicks on the referral link sent to the friend to register for an Account and is given an Account; and (ii) the referred friend provides and verifies his or her email address and phone number as part of the Medi-call registration process. The referring User will be credited with Medi-call Referral Credits in the amount described in the Credits section of the User’s Account settings. There is no maximum amount of credits a User can earn.
Redeeming Medi-call Referral Credits and Medi-call Cash Credits. Medi-call Referral Credits and Medi-call Cash Credits will automatically appear as a coupon on the checkout page at any time Fees are due for Healthcare Services. Medi-call Referral Credits must be used within 24 months from the date they are issued. After 24 months, the Medi-call Referral Credits will expire. Medi-call Cash Credits do not expire. Medi-call Referral Credits and Medi-call Cash Credits may not be transferred or exchanged for any cash or money. Medi-call Referral Credits may not be earned by creating multiple Accounts. Medi-call Referral Credits and/or Medi-call Cash Credits accrued in separate Accounts may not be combined into one Account.
Sharing invitations/referral links. Users may only share invitations to join Medi-call (by means of a referral link in the invitation) for personal and non-commercial purposes, and only with personal connections who the User has reason to believe will appreciate receiving an invitation. Users are prohibited from sending an invitation to a recipient who is not a family member or where there is no reasonable basis for believing that the recipient is a personal friend of the User. The Medi-call referral process does not send an electronic message from an electronic address. Users sharing invitations do so on their own behalf and not on behalf of Medi-call.
Referred friends or family. Friends or family members referred to Medi-call will create an Account using a link in the invitation sent them by a User. The referring User will receive Medi-call Referral Credits towards Fees in an amount to be determined by Medi-call from time to time. The applicable credit amount and additional terms and conditions will be set out in the referral invitation or accompanying materials.
Multiple referrals. A referred friend or family member may only use one referral link. If a referred friend or family member receives invitations from more than one User, only the User who sent the invitation with the referral link actually used by the referred friend or family member will receive Medi-call Referral Credits.
Termination and Change. Medi-call may suspend or terminate the Referral Program or any User, referred friend or family member’s participation and/or right to participate in the Referral Program at any time for any reason. We reserve the right to suspend Accounts or remove Medi-call Referral Credits if we notice any activity that we believe is abusive or fraudulent. Medi-call has the right but not the obligation to monitor referral activities, and to suspend Accounts or modify referrals and Medi-call Referral Credits provided to a User as deemed fair and appropriate. Medi-call will not incur any liability or obligation by reason of exercising or not exercising its right to monitor, suspend, or modify referral activities and Medi-call Referral Credits.
R. General Provisions
Entire Agreement. These Terms constitute the entire agreement and understanding of Medi-call and you with respect to their subject matter, and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.
Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws that would lead to the application of any other laws. By accessing the Medi-call Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms will be brought to the provincial and federal courts located in the City of Toronto, Ontario.
Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with Medi-call’s prior written consent. Medi-call may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Severability: If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Contact Us. If you have questions about the Medi-call Platform or its use, you can contact Medi-call Support by sending an email to email@example.com