Terms of Service
Last Updated: March 23, 2020
These Terms of Service set out the terms and conditions on which Medimap Systems Inc. (“Medimap”, or “we”) provide you with access to www.medimap.ca and related subdomains (the “Website”), our mobile and desktop applications (the “Applications”), emails, texts, and other electronic messages between you and Medimap, and our Services (as defined below), including any related content, functionality, or information we provide.
We may immediately terminate your access to the Website, Applications, or Services at any time, for any reason. We may also change or remove any information or material on the Website or Applications at our discretion and without notice to you.
Changes to these Terms of Service
We reserve the right to revise and update these Terms of Service from time to time by posting an updated version on the Website. By continuing to use the Website, the Applications or the Services after these Terms of Service are updated, you accept and agree to these changes. It is your responsibility to periodically check the Website for updates to these Terms of Service.
Medimap provides a number of services through the Website that allow you to electronically access and connect with same-day health care services.
We work with medical clinics across Canada (and a few in the United States) who register on the Website and agree to provide us with certain information, including wait times, and receive electronic patient information from us when they offer the Online Check In Service or the Virtual Care Service (“Authorized Clinics”).
Our Virtual Care Service is provided by health professionals registered to practice medicine in a province or territory of Canada who are employed by or treat patients at an Authorized Clinic (“Authorized Physicians”). To the extent permitted by law, Authorized Physicians may be located outside your province or territory.
MEDIMAP IS NOT A HEALTH CARE PROVIDER AND DOES NOT VERIFY THE CREDENTIALS OF AUTHORIZED CLINICS OR AUTHORIZED PHYSICIANS. You agree that when you attend an Authorized Clinic or use the Virtual Care Service, you do so at your own risk.
Medimap’s services include:
Collecting and publishing wait times for Authorized Clinics (the “Wait Time Service”);
Electronically checking-in patients at certain Authorized Clinics (the “Online Check-In Service”);
Connecting patients with Authorized Physicians through video conferencing to provide remote, electronic medical consultations and related medical services such as prescription fulfillment (the “Virtual Care Service”); and
Allowing clinics to use the Applications and the Website to update wait times and Authorized Physician Availability and electronically access patient information (the “Clinic Services”).
(collectively, the “Services”).
Limitations on Our Services
The Services that are available to you may depend on where you reside. The Online Check-In Service and Virtual Care Service are only available to Canadian residents and may vary from province to province. At this time, the Virtual Care Services are only available in English and are not suitable for non-English speakers.
The Services are not intended to be used for medical emergencies. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
Wait Time Service and Online Check-In Service
Wait times provided through the Wait Time Service and the Online Check-In Service are estimates provided by the Authorized Clinic. Wait times can change rapidly and are not guaranteed to be accurate.
Virtual Care Service
The Virtual Care Services are not intended to replace physical examinations by a primary care provider. If you have a family doctor, you should consult them instead of using the Services whenever possible and advise them of any advice or treatments that you receive through the Virtual Care Services so they can take update their records.
We do not guarantee that an Authorized Physician will be available within any particular time. We will arrange a consultation with an Authorized Physician as soon as possible. It is your responsibility to attend the consultation on time and ensure that your device is compatible with our technology before your consultation.
Some medical conditions are not suitable for remote consultations. Do not use the Virtual Care Service if you:
are experiencing chest pain, head or spine trauma, difficulty breathing, reduced or impaired consciousness, paralysis, impaired speech or comprehension, severe abdominal pain, or significant blood loss;
are unsure whether you will be able to describe your symptoms or communicate your medical concerns remotely;
are experiencing serious side effects or interactions from prescription medication; or
have a condition that you know will require a physical examination.
Some medical treatments cannot be administered remotely. Do not use the Virtual Care Service if you require any of the treatments below:
Blood or smear tests;
Specialist medical advice, such as travel assessments; or
Prescriptions for narcotics or other controlled substances.
Authorized Physicians may discontinue or refuse to provide the Virtual Care Services to you at any time, including if they suspect that you may be providing misleading information or are misusing the Virtual Care Services.
If your condition or required treatment is not suitable for remote consultation, the Authorized Physician may advise you to seek in-person care. If an Authorized Physician recommends that you seek emergency treatment or follow-up care, you should do so as soon as possible.
The relationship between you and an Authorized Physician is a physician-patient relationship. Medimap is not a party to this relationship and is not subject to the ethical or regulatory rules related to this relationship.
YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PHYSICIAN ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO 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.
If you register or create an account on the Website, you are responsible for maintaining the security and confidentiality of your account, including by keeping your password confidential and exercising caution when accessing your account from public computers. You understand and agree that your account is personal to you and may not be shared with any person. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We reserve the right to disable or terminate your account, username, password, or other identifier, at any time, for any reason.
Use of the Website, Application and Services
Unless you are an Authorized Clinic, Authorized Physician, or Medimap has consented in writing, you may only use the Website, the Applications, and the Services for personal, non-commercial use. You may not access or use the Services on behalf of another person, other than a dependent, unless authorized by Medimap.
You may use the Website, Applications and the Services only in accordance with applicable laws and these Terms of Service. You are prohibited from:
Copying, reproducing, transmitting, modifying, downloaded, storing, publishing, or displaying any Content or material from the Website or the Applications without Medimap’s consent;
Gathering, extracting or mining for data;
Using any robot, spider, scraper, or other automated means to access the Website;
Decompile, reverse engineer, or disassemble the Website or the Applications (or any part thereof);
Using the Website or Applications in a way that imposes an unreasonably large load on Medimap’s servers or infrastructure;
Misleading or deceiving Medimap, Authorized Clinics or Authorized Physicians as to your identity, medical history, or symptoms;
Using abusive or inappropriate language or conduct when using the Services;
Using any Medimap Marks, Content, or any other proprietary information without Medimap’s consent; or
Attempting to circumvent or violate the security of the Website or the Applications, including by:
accessing content and data that is not intended for you, including user accounts, systems, servers or databases;
attempting to breach or breaching security and/or authentication measures;
restricting, disrupting or disabling service to users, hosts, servers or networks;
disrupting network services or otherwise disrupting Medimap’s ability to monitor the Website;
introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attacking the Website via a denial-of-service attack, flooding, mailbombing or crashing; or
otherwise attempting to interfere with the proper working of the Website.
If you submit feedback, comments, suggestions, or other information or content to Medimap through the Website or the Applications (a “Submission”), you grant Medimap a perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, modify, delete, edit, adapt, publish, create derivative works from your submission without compensation to you.
By submitting a Submission, you represent and warrant that:
You are the sole author of and own all intellectual property rights in the Submission;
Your Submission is accurate and not misleading or fraudulent;
Your Submission does not violate the privacy, publicity, trademark, copyrights, confidentiality or contractual rights of any third-party;
Your Submission complies with all applicable laws;
You are at least 13 years old;
Your submission does not violate these Terms of Service.
Your Submission is not defamatory, libelous, hateful, racially or religiously biased or discriminatory;
You were not compensated or granted any consideration for your Submission; and
Your Submission does not contain any personal information about someone without their permission.
By submitting your email to Medimap, you are providing permission to send future email communications. An unsubscribe button will appear at the bottom of emails should you choose to unsubscribe.
By using the Services, you acknowledge and agree that:
Medimap is a technology company, not a medical service provider. Medimap does not employ Authorized Physicians and is not a party to the relationship between you and an Authorized Physician or an Authorized Clinic;
Authorized Physicians are solely responsible for the medical services you receive when you use the Virtual Care Services. When you attend an Authorized Clinic, the Authorized Clinic and the physician you see are solely responsible for the medical services you receive at that clinic;
The success, accuracy, and suitability of medical advice you receive through the Services is not guaranteed, and Medimap is not liable for any personal injury, illness, pain and suffering or other negative consequences of medical advice that is related to your use of the Services; and
Any health information provided by Medimap through the Website, Applications or other electronic means is for informational purposes only and should not be relied on to make medical decisions.
Intellectual Property Rights and Ownership
The Website, Applications and all related content, including any information, documentation, photographs, text, graphics, video, software, code, or other materials stored on the Website or the Applications or that is provided by Medimap through other electronic means (“Content”) is the property of Medimap. Medimap retains all right, title and interest in and to and all patent, trademark, copyrights, trade secrets, and other intellectual property rights and proprietary rights related to the Website, Applications and any Content.
MEDIMAP, the Medimap logo and all related names, logos, product and service names, designs, images and slogans are trademarks of Medimap (the “Medimap Marks”). You may not use or reproduce the Medimap Marks or any confusingly similar marks without our prior written consent. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Website are the trademarks of their respective owners, and may not be used without the prior consent of such owners.
You understand and agree that your use of the Website, Applications, Content, and Services is at your own risk. Although we strive to update our Website and the Applications on a regular basis, Medimap makes no representations, warranties or guarantees, express or implied, that the Website, Applications, Content, or Services are secure, error-free, uninterrupted, accurate, reliable, complete, or up-to-date.
The Website may include Content provided by third-parties. All statements and/or opinions expressed in third-party content are solely the opinions of the person or company providing those materials and do not necessarily reflect the opinion of Medimap. Medimap accepts no responsibility or liability for the content or accuracy of any third-party materials.
Limitation on Liability
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL MEDIMAP BE LIABLE FOR THE ACTS OR OMISSIONS OF AUTHORIZED CLINICS OR AUTHORIZED PHYSICIANS. YOU AGREE TO RELEASE FROM LIABILITY AND WAIVE ALL POTENTIAL CLAIMS AGAINST MEDIMAP ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, AND ALL INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, APPLICATIONS OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR WHETHER SUCH LOSS WAS FORESEEABLE. TO THE EXTENT THIS LIMITATION OF LIABILITY IS NOT ENFORCEABLE, MEDIMAP’S MAXIMUM LIABILITY TO YOU WITH RESPECT TO THE SERVICES IS FIVE HUNDRED DOLLARS.
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Medimap and its parent, subsidiaries, affiliates, and their respective directors, officers, shareholders, employees, agents, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your use of the Website, Applications or the Services, or your breach of these Terms of Service.
Third Party Websites
This Website may contain links to third-party websites. If you choose to access a third-party website, you do so at your own risk and acknowledge that you will be subject to the terms and conditions of the third-party once you leave the Website. We accept no responsibility for third-party websites or services or for any loss or damage that may arise from your use of them.
This Website is not intended for use outside of Canada and the United States. If you access the Website from outside Canada or the United States, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Governing Law and Jurisdiction
These Terms of Service will be governed by the laws of British Columbia and the federal laws of Canada that apply in British Columbia, without giving effect to any conflict of law rules.
Each party irrevocably submits to the exclusive jurisdiction of the courts of British Columbia to decide any action or proceeding arising out of or relating to the Website, the Applications, the Services, or these Terms of Service.
If any provision of these Terms of Service is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect the validity of any other provision of these Terms of Service, which will continue in full force and effect.
If you have questions about the Website, Applications, Services, or these Terms of Service, you can contact Medimap by telephone at 1 833 633 4627 or through the Contact Us page on the Website.
ADDITIONAL TERMS FOR AUTHORIZED CLINICS
These terms apply to Authorized Clinics who register for and use the Clinic Services. In the event of a conflict between these additional terms and the Terms of Service, these additional terms will prevail.
By registering for the Clinic Services, you represent, warrant and covenant that you:
Are a walk-in medical clinic located in Canada that is associated with at least one licensed physician;
Will make best efforts to provide accurate, up-to-date estimates of wait times, and will not intentionally submit inaccurate or misleading estimates;
Will promptly respond to all appointment and wait time requests; and
Will keep your clinic information updated, including hours of operation and location.
You may link to our homepage, provided you do so in a way that does not suggest any endorsement or association between your website and Medimap, does not misuse or infringe on our intellectual property rights, and is not likely to tarnish Medimap’s reputation. We reserve the right to withdraw our consent for any reason.
You acknowledge and agree that your use of the Website and the Clinic Services is at your own risk. Accordingly, YOU AGREE TO RELEASE FROM LIABILITY AND WAIVE ALL POTENTIAL CLAIMS AGAINST MEDIMAP RELATED TO YOUR USE OF THE CLINIC SERVICES.
You agree to defend, indemnify and hold Medimap harmless from any third-party claims, damages, causes of action, suits, and liabilities arising from or related to your breach of these Additional Terms or applicable law (including regulations, ethical guidelines, rules, and codes of conduct), or your use of the Clinic Services.
ADDITIONAL TERMS FOR AUTHORIZED PHYSICIANS
These terms apply to Authorized Physicians who use the Virtual Care Services. In the event of a conflict between these additional terms and the Terms of Service, these additional terms will prevail.
By using the Virtual Care Service, you represent, warrant, and covenant that you:
hold a valid medical license in at least one province or territory;
will comply with all applicable laws, regulations, ethical guidelines, rules, and codes of conduct when providing the Virtual Care Services; and
will provide the Virtual Care Services in accordance with industry standards for good medical practice.
You acknowledge and agree that Medimap is not a healthcare provider and does not provide medical advice. You further agree that your use of the Website and the Virtual Care Service is at your own risk, and that you are solely responsible for the provision of medical services to patients. Accordingly, YOU AGREE TO RELEASE FROM LIABILITY AND WAIVE ALL POTENTIAL CLAIMS AGAINST MEDIMAP RELATED TO YOUR USE OF THE VIRTUAL CARE SERVICES AND YOUR PROVISION OF MEDICAL ADVICE OR TREATMENT TO PATIENTS.
You agree to defend, indemnify and hold Medimap harmless from any third-party claims, damages, causes of action, suits, and liabilities arising from or related to your breach of these Additional Terms or applicable law (including regulations, ethical guidelines, rules, and codes of conduct), or your provision of medical advice, treatment, diagnosis, or information through the Virtual Care Service.